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THE LIBRARY! 
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THE 



PRESBYTERIAN DIGEST 

OF 1898. 

A OOMPEND OF THE ACTS, DECISIONS, AND DELIVERANCES 

OF THE 

GENERAL PRESBYTERY, GENERAL SYNOD 

AND 

GENERAL ASSEMBLY 



Presbyterian Church 

IN THE UNITED STATES OF AMERICA 
1706—1897. 



38s ButborftE, ano witb tbe Cooperation of a Committee, 
of tbe General assembly 

BY THE 

Rev. WILLIAM E. MOORE, D.D., LLD. 



2n 



i Y 



1898 

philadelphia : 

Presbyterian Board of Publica 
and Sabbath-school Work 
1898. 




\ i ~ */.. 



#! 









r'<p 



M97 



Copyright, 1898, 

BY THE 

Trustees of the Presbyterian Board of Publication 
and Sabbath-school Work. 



INTRODUCTION. 



The first step towards a Digest of the Acts and Deliverances of the 
General Assembly was taken by the Assembly of 1809, in its order 
[Minutes, p. 424], charging the Stated Clerk " with the business of 
preparing a book, and having entered therein such decisions of the Assem- 
bly as relate to the general government and discipliue of the Church, 
and the duties of judicatures, that such decisions may hereafter be 
selected and printed for the general use of the churches, if a future 
Assembly shall so order." 

In 1818 the General Assembly appointed Drs. Jane way, Neill (Stated 
Clerk) and Ely, " a Committee to extract from the records of the Gen- 
eral Assembly, and of the late Synods of New York aud Philadelphia, 
all such matters as may appear to be of permanent authority and interest 
(iD eluding a short account of the manner in which missions have been 
conducted, and their success), that the same may be published for the 
information of ministers and their people in our churches/' This Com- 
mittee reported to the next Assembly (1819), were empowered to com- 
plete the work on the plan reported, and to publish it at the expense of 
the Trustees of the General Assembly. The Digest thus authorized was 
published in 1820. 

In 1836, the Assembly appointed Dr. John McDowell, Mr. Winches- 
ter and Mr. Duffield to prepare a new Digest. Nothing, however, was 
done, the division of the Church being near at hand. Further action 
looking to the preparation of a Digest was taken by the respective 
Assemblies: N. S., 1838 and 1849; O. S., 1841 and 1848. In 1850 
the Presbyterian Board of Publication, O. S., issued a Digest prepared 
by the Rev. Richard Webster, D.D. In 1856 the Board issued a 
Digest prepared by the Rev. Samuel J. Baird, D.D. The Assembly 
voted thanks to Mr. Baird for his labors, and earnestly commended the 
work " to the attention and patronage of all in our connection." A new 
and revised edition was issued by the Board of Publication in 1859. It is 
still published by it, and is of great value from a historical poiut of view. 

In 1854, the Assembly, N. S., appointed a Committee consisting of 
Drs. George Duffield, Jr. , Henry Darling, and W. E. Moore, with the 
Stated Clerk, Edwin F. Hatfield, D.D., to prepare and publish a new 



IV INTRODUCTION. 

Digest. This Digest was prepared by the Kev. W. E. Moore, and pub- 
lished by the Presbyterian Publication Committee, N. S., in 1861. It 
was accepted with commendation by the General Assembly. — Minutes, 
1861, p. 463, N. S. 

The Digest of 1873. 

On the Reunion of 1870, the Board of Publication took action for the 
preparation of a more complete work, which should combine the prece- 
dents of the Church in all its branches, and bring them down to the latest 
date. 

The plan suggested was approved by the Assembly of 1871 (Minutes, 
p. 529), as follows : 

' { That this Digest contain under each chapter and section of the Form 
of Government, Book of Discipline and Directory, every decision which 
defines or explains it. 

" Also, a complete Digest of all the rules of the several Boards of the 
Church as at present existing. 

' ' That it omit whatever has become obsolete in the usage of the Church 
— e. g,, in its benevolent operations — and all that pertains simply to 
matters of history. 

" That it be requested that a Special Committee be appointed by the 
General Assembly to examine and approve the book before it be issued, 
and it was recommended that the Rev. William E. Moore be requested 
to undertake the preparation of such a Digest. ' ' 

The Committee to examine and approve the book — Edwin F. Hatfield, 
D.D., Alexander T. McGill, D.D., LL.D., Robert M. Patterson, D.D., 
Ruling Elders Hon. George Sharswood, LL.D., and Hon. William 
Strong, LL.D. — reported the completion of the work with its approval 
in 1873, and it was issued in the same year. 

The Edition of 1886. 

Within about ten years after the issue of the Digest of 1873, the need 
for a new edition was widely felt, and at last took shape in 1885. The 
Assembly of that year took action as follows: 

" Resolved, That this General Assembly, having heard of the intention 
of the Board of Publication to publish a new edition of Moore's Digest 
of the acts and deliverances of the General Assembly, do approve of 
such publication and hereby recommend the same to the Church. 

" Resolved, That this General Assembly hereby records its sense of 
obligation to the Rev. William E. Moore, D.D., for his faithful, dili- 
gent and skillful services in the preparation of the present Digest. ' ' 

In connection with the new edition the following report was made to 



INTRODUCTION. V 

the Board of Publication by the Committee requested to examine the 
manuscript : 

Philadelphia, Pa., Jan. 14, 1886. 
To the Presbyterian Board of Publication : 

The undersigned, appointed by the Board of Publication as a Commit- 
tee to Revise the Manuscript of the Presbyterian Digest of 1886, after 
a minute and careful examination, do hereby signify our approval of the 
same. 

Respectfully, 

E. R. Craven, 
Wm. H. Roberts. 

In the Introduction to the Digest of 1886 the editor said that " the 
adoption of the Revised Book of Discipline in 1884, with its amend- 
ments in 1885, and the lapse of twelve years since the publication of the 
Digest," had made necessary a new edition. He also made the follow- 
ing statement: 

" The Book of Discipline has been wholly recast under the sections of 
the Revised Book. The compiler has been obliged to use his own judg- 
ment, not only as to the location of the acts and deliverances of the 
Assembly under the several sections, but also as to the retaining or 
rejecting of matter found in former Digests aud in the annual Minutes 
of the Assembly. He gratefully acknowledges his obligations in both 
respects to Rev. E. R. Craven, D.D. , and Rev. William H. Roberts, 
D.D. , the Committee appointed by the Board of Publication to revise 
his work. The criticism will doubtless be made that many cases quoted 
are not in accordance with the Revised Book. This is acknowledged in 
the Digest itself ; but good reasons seem to be found for inserting them 
unless they contradict the Revised Book." 

The Digest of 1898. 

At its sessions in 1894 the General Assembly ordered a new edition of 
the Digest to be prepared by the Board of Publication and Sabbath- 
school Work, under the supervision of the Stated Clerk and the Secre- 
tary of the Board of Publication, with the Rev. Dr. William E. Moore 
as editor— 1894, p. 89. 

The Committee on the Kew Digest reported its proposed plan for the 
work to the Assembly of 1895 (Minutes, p. 129), and the report was 
approved, as follows: 

" The Committee on the new edition of the Digest (Minutes, 1894, p. 
89), to be prepared by the Board of Publication, under the supervision 
of the Stated Clerk and the Secretary of the Board of Publication, 



VI INTRODUCTION. 

with Rev. William E. Moore as editor, propose the following plan of the 
Digest and ask the approval of the Assembly, viz. : 

" 1. To print as the first part of the book the Confession of Faith, giv- 
ing under the appropriate chapters and sections the doctrinal deliver- 
ances and decisions of the Assembly. 

"2. To print the Form of Government, Book of Discipline and Direc- 
tory for Worship in the same form as in the presenl Digest, marking the 
acts and deliverances of the two Assemblies during the period of the 
separation, which do not come under the terms of the concurrent Resolu- 
tion No. 4, Digest ('86), p. 92, as reestablished in the united body, with 
the letters O. S. and N. S. 

" 3. That the Assembly grant to your Committee full discretion to omit 
such acts and deliverances as in their judgment are trivial, purely per- 
sonal, obsolete or contradictor}', or that have been' superseded by amend- 
ments of the Form of Government, Book of Discipline and Directory 
for Worship. 

Respectfully submitted, 

Wm. Henry Roberts, 
F. R. Craven, 
William E. Moore." 
In addition to the 

Plan of this Digest 

as set forth above, it is to be noted that for convenience of reference it 
has seemed best to put the Historical Documents by themselves at the 
beginning of the book, and to place under Section v of Chap, xii of the 
Form of Government, the Charters, Plans, etc., of the several Boards, 
Permanent Committees, and Theological Seminaries. The several 
Digests referred to in the work are: (1), " The Assembly Digest," 1820 ; 
(2), "Assembly's Digest, Baird's Collection," Ed. 1858; (3), "The 
New Digest," Moore, 1861, N. S. ; (4), "The Presbyterian Digest," 
Moore, 1873, and (5), "The Presbyterian Digest," Revised Edition, 
1886. 

The references of the dates of the Acts, etc., are: From 1706 to 
1788, inclusive, to the volume of Records of the Presbyterian Church; 
from 1789-1837, inclusive, to the Reprints of the "Minutes of the General 
Assembly of the Presbyterian Church, U. S. A.;" from 1838-1869 
inclusive, to the annual Minutes of the Assemblies of the two branches 
of the Church, designated respectively as "Old School" and "New 
School," and since 1870 to the annual Minutes of the reunited General 
Assembly. 

The annual Minutes from 1836-1869, inclusive, have been reprinted. 
The Minutes for 1836 and 1837 are bound with the volume covering 



INTRODUCTION. Vll 

1821-1835. The Minutes, 1838-1869, O. S., are bound in four vol- 
umes, and 1838-1869, N. 8., in two volumes. All of these reprints are 
issued by the Board of Publication and Sab bath -school Work. 

In closing his work, the editor wishes to record his grateful thanks to 
the Committee of Supervision for their valuable counsel and cordial 
cooperation, always cheerfully given. Especially would he acknowledge 
the important aid rendered by the chairman of the Committee, the Rev. 
William Henry Roberts, D.D., LL.D., whose familiar and thorough 
knowledge of the Acts and Deliverances of the Assembly in all its 
history, made his suggestions and his personal aid so freely extended, 
invaluable to me, and peculiarly grateful from the spirit in which they 
were given. 

WILLIAM E. MOORE. 

Columbus, O. , January 31, 1898. 



Approval of the Assembly's Committee. 

The General Assembly of 1894, passed the following resolution: 
" Resolved, That the Assembly order a new edition of the Digest, to 
be prepared by the Board of Publication, under the supervision of the 
Stated Clerk and the Secretary of the Board of Publication, with Dr. 
William E. Moore, as editor. Adopted." 

The undersigned, being the Committee above named, after a minute 
and careful examination of the Digest, frequent consultations with the 
editor, and close attention to the proofs, do hereby unite with Dr. Moore 
in approval of the work. 

WM. HENRY ROBERTS, 
E. R, CRAVEN. 



SYLLABUS. 



PART I. HISTORICAL DOCUMENTS. 
I. The Organization of the Church. 



1. The General Presbytery 1 

2. The General Synod 1 

3. The General Assembly 2 

a. Preparatory Act 2 



b. The Synod divided, and the 
General Assembly constitu- 
ted 2 



II. Adoption, etc., op the Standards. 



1. The Adopting Acts of 1729, 

1. The Overture laid over for a 

year 2 

2. The Confession of Faith and 

Catechisms of the Westmin- 
ster Assembly adopted 3 

a. Act relating to subscription... 3 

b. The Adopting Act proper 3 

3. The Directory recommended. . . 4 

4. The Confession must be adopted 

by intrants and candidates. . . 4 



and Explanatory Acts. 

, Must be inscribed in the Pres- 
by terj r Book 4 

, Act explaining the Adopting 
Act 5 

. Mode of adopting the Confes- 
sion 5 

. The Directory for "Worship, and 
Form of Government 5 

. Authority of Pardovan's Col- 
lections 6 



2. The Constitution of 1\ 



1. The Constitution revised and 

amended 6 

2. The Form of Government, Dis- 

cipline, and Confession of 
Faith, ratified and adopted. . 6 



3. Directory for Worship and Cate- 

chisms 6 

4. The chapter on the mode of 

inflicting Church censures 
adopted 7 



3. The Obligation, etc., of the Standards. 



1. The Adopting Acts and their 

force 7 

2. Use and obligation of the Stand- 

ards 7 

3. Adoption of the Standards in 

every case required 8 

4. The Catechisms an integral 

part of the Standards of the 
Church 8 



Adoption of the Confession in- 
cludes the Catechisms 10 

Ministers who cannot adopt the 
Standards not to be received. 10 

The "Heidelberg Catechism" 
approved .10 

The Standards subordinate to 
and in harmony with the 
Word of God 10 



4. The Amendments of the Standards. 



1. Method of amendments 12 

2. List of amendments 12 

(1) The Confession of Faith adopt- 

ed 1729, amended 1788 and 
1887 12 

(2) The Form of Government 
adopted 1788, amended 1805 
and 1821 12 



Amendments to Form of Gov- 
ernment since Reunion 13 

(3) The Book of Discipline, adopt- 

ed 1884, amended 1885 to 1894.13 
Effect of adoption on cases 
pending 14 

(4) Directory for Worship, adopt- 
ed 1788-89, amended 1884-80.14 



SYLLABUS. 



III. Publication of the Constitution. 



1. Committee to supervise publica- 

tion, 1788., ....14 

2. Committee authorized to pub- 

lish 14 

3. Committee of 1792 15 

(1) Editions with proof-texts 
added 15 

(2) Authority of the notes 15 

4. Unauthorized editions discoun- 

tenanced 16 

5. Committee on circulation 16 

6. Presbyteries and churches to 

stimulate circulation 16 

7. Committees of supervision of 

1821 16 

8. Committee of supervision ap- 

pointed from the Synods ... 16 



9. Committees responsible for ac- 
curacy 17 

10. Board of Publication to print 

and sell 17 

11. Synodical Committees abol- 

ished 17 

12. Permanent committee o f 

supervision appointed 17 

13. Attestation by permanent 

committee 18 

14. Standard copy of the Shorter 

Catechism 18 

15. Report on corrections in punc- 

tuation, etc 18 

16. Title-page of Constitution 

chan ged 20 



IV. Proof-texts to the Standards. 

1. Proof-texts authorized, 1794. . . 21 | 2. Revision of proof-texts, 1894. . . 

V. Separations and Reunions. 

1. Under the General Synod. 

2. Reunion of 1758 ; Synod of 



21 



1. Withdrawal of the Synod of 

New York, 1745 27 

Articles of Agreement 27 



New York and Philadelphia 27 



2. The Separation of 1837. 



1. The excluding act of 1837 31 

2. The division of the Church. 



Two General Assemblies or- 
ganized 31 



3. The Reunion of 1869. 



1. Initiation of correspondence . . 31 

2. Action of the Assemblies look- 

ing to reunion ; committee 
appointed 32 

a. Overture of the Assembly, 

O. S 32 

b. Response of the Assembly, 

N. S 33 

c. Committees on Reunion, 1866. 33 

3. Terms of Reunion; Assemblies 

of 1867 and 1868 34 

4. General Assemblies of 1869 at 

New York 34 

A new joint committee appointed 34 

5. Report of joint committee pre- 

sented in both Assemblies. . 34 



i. Plan of Reunion 35 

ii. Concurrent declarations 36 

iii. Recommendation of clay of 
prayer 37 

6. Adjourned meetings, Pitts- 

burg, 1869 38 

7. Report of joint committee of 

conference 39 

8. Basis and consummation of the 

Reunion 40 

9. The Reunion Convention 41 

Resolutions adopted, November 

12, 1869 42 

10. Memorial Contribution 43 

11. Quarter-Centenary of Reunion 43 



PART II. THE CONFESSION OF FAITH. 
Chapter I. Of the Holy Scripture. 



Section 1 44 

Section 2 44 

1. Deliverance on the so-called 

Higher Criticism 45 

2. The inspired Word is without 

error 45 



I. Case of Charles A. Briggs,D.D. 46 

a. Preliminary note 46 

b. Action of the Assembly of 1892 46 

c. Charges passed on by the 

Presbytery of New York, 
1893 47 



THE CONFESSION OF FAITH. 



XI 



d. Decision and final judgment 

of the Presbytery of New- 
York, 1893 53 

e. Action of the Assembly, 1893. 54 

(1) Hearing and judgment 54 

(2) Explanatory minute 55 

4. Protest against the declaration 

that the inerrancy of the 
original autographs is the 
faith of the Church 56 

5. Answer to protest 57 

6. The Bible as we now have it, 

the very Word of God 57 

7. The Assembly makes no new 

definitions of dogma 57 



8. Case of Rev. Henry Preserved 
Smith, D.D 58 

a. Charges and specifications. . . 58 

b. Finding and judgment of the 

Presbytery of Cincinnati ... 64 

c. Appeal of Dr. Smith to the 

Synod of Ohio, not sustained 65 

d. Appeal to the General Assem- 

bly, not sustained and judg- 
ment affirmed 65 

Sections 3-7 65 

Section 8 66 

1. The Bible in its various transla- 
tions is the very Word of 

God 66 

Section 9 66 



Chapter II. Of God, and of the Holy Trinity 



Sections 1, 2 67 

Section 3 67 

1. The Assembly refuses to alter 



the language of the Confes- 
sion regarding the doctrine 
of the Trinity 67 



Sections 1-8. 



Sections 1, 2 



Chapter III. Of God's Eternal Decree. 



Chapter IV. Of Creation 



Chapter V. Of Providence. 



Sections 1-7. 



68 



no 



69 



Chapter YI. Of the Fall of Man, of Sin, and of the Punishment 

Thereof. 



Sections 1-5 70 

Section 6 71 

1. Case of Rev. Hezekiah Balch. 71 



2. Appeal of John Miller, D.D., 
from the judgment of the 
Synod of New'Jersey 73 



Chapter YII. Of God's Covenant with Man. 

Sections 1-5 74 i Case of Samuel Harker 75 

Section 6 74 I 

Chapter VIII. Of Christ the Mediator. 
Sections 1-8 75 

Chapter IX. Of Free Will. 
Sections 1-5 77 

Chapter X. Of Effectual Calling. 

Sections 1-4 77 

Chapter XI. Of Justification. 



Sections 1-5 78 

Section 6 79 

1. Case of Rev. William C. Davis. 79 



2. Case of Rev. Thomas B. Craig- 
head 80 



Chapter XII. Of Adoption. 
Section 1 83 



Xll 



SYLLABUS. 

Chapter XIII. Of Sanctification. 



Sections 1-3 83 

Chapter XIV. Of Saving Faith. 
Sections 1-3 84 

Chapter XV. Of Repentance unto Life. 

Sections 1-6 84 

Chapter XVI. Of Good Works. 

Sections 1-7 85 

Chapter XVII. Of the Perseverance of the Saints. 

Sections 1-3 86 

Chapter XVIII. Of the Assurance of Grace and Salvation. 

Sections 1-4 86 

Chapter XIX. Of the Law of God. 

Sections 1-7 87 

Chapter XX. Of Chkistian Liberty, and Liberty of Conscience. 
Sections 1-4.. .... " 88 

Chapter XXI. Of Religious Worship and the Sabbath Day. 
Sections 1-8 89 

Chapter XXII. Of Lawful Oaths and Vows. 

Sections 1-7 91 

Chapter XXIII. Of the Civil Magistrate. 
Sections 1-4 92 

Chapter XXIV. Of Marriage and Divorce. 



Section 1 93 

1. A minister, having married 

again, required to cease 
officiating until proof is fur- 
nished of the death of his 
first wife 93 

2. A bigamist to be excluded 

from the privileges of the 
Church. Willful desertion 
a just cause for divorce. If 
just cause exist, and divorce 
be refused, the Church may 
receive him 93 

3. Deliverances on polygamy and 

Mormonism. Polygamy a 
criminal offence and to be 

suppressed 93 

Section 2 96 



Section 3 96 

1. Marriage of converts with 
heathen. The Presbyteries 

to judge 96 

Section 4 97 

1. Marriage with a sister's daughter 97 

Section 5 97 

1. In divorce for adultery the inno- 
cent party may marry again. 97 
Section 6 97 

1. Marriage with a woman 

divorced for cause other than 
adultery 98 

2. Marriage on a divorce obtained 

on other than Scriptural 
grounds 99 

3. Deliverances on marriage, 

divorce, and infanticide 99 



Chapter XXV. Of the Church. 



Sections 1-5 100 

Section 6 101 

1. The Roman Catholic Church 
essentially apostate 101 



2. The Salvation Army not a 

Church 102 

3. Declaration of principles as to 

Church unity 102 



FORM OF GOVERNMENT. 



Xlll 



Chapter XXVI. Of the Communion of Saints. 
Sections 1-3 102 

Chapter XXVII. Of the Sacraments. 
Sections 1-5 103 

Chapter XXVIII. Of Baptism. 



Section 1 103 

Section 2 103 

1. Ruling elders may not admin- 

ister sealing ordinances 103 

2. Baptism by an impostor null 

and invalid 104 

3. By a profligate— cases to be 

judged by the Session 104 

4. Unitarian baptism 104 

5. By a minister after he is de- 

posed 105 

6. By a suspended minister 105 

7. Is Baptism in the Church of 

Rome valid ? answered in 
the negative 105 

8. The deliverance of 18 4 5 

reaffirmed 106 

9 The rebaptism of a convert 
from Romanism left to the 
judgment of the Session 106 



10. The above deliverance sus- 

tained 106 

11. The Assembly declines to make 

a new deliverance on the 
validity of R. C. baptism. . .107 

Section 3 107 

1. Mode of baptism 107 

Section 4 107 

1. Duty of Christian masters to 

have their servants baptized. 108 

2. Of Christian slaves to have 

their children baptized 108 

3. Infant slaves of Christian mas- 

ters 108 

4. Orphan children of heathen 

parents in the care of our 

missions 108 

Sections 5, 6 108 

Section 7 108 

1. Rebaptism disorderly 108 



Chapter XXIX. Of the Lord's Supper. 
Sections 1-8 109 

Chapter XXX. Of Church Censures. 
Sections 1-4 110 

Chapter XXXI. Of Synods and Councils. 



Sections 1-3 Ill 

Section 4 Ill 



1. The spiritual character of the 
Church Ill 



Chapter XXXII. Of the State of Man after Death, and of the Res- 
urrection of the Dead. 

Sections 1-3 113 

Chapter XXXIII. Of the Last Judgment. 
Sections 1-3 113 

The Creed. 
1. Authorized alterations in the Creed may be used in worship 114 



PART III. THE FORM OF GOVERNMENT. 
Chapter I. Preliminary Principles. 

Sections 1-8 116 

Chapter II. Of the Church. 



Section 1 118 

Section 2. The Church universal. 118 
1. Deliverances on Church unity .118 

Section 3 118 

Section 4. The particular church. 118 



1. Mode or organization of new 

churches 119 

2. Enrollment of imperfectly or- 

ganized churches 120 

3. Church charters 122 



XIV 



SYLLABUS. 



4. Trustees, recognition of by 

General Synod 122 

5. Control of trustees over a 

house of worship 123 

6. Respective rights of trustees 

and Session in controlling 
the use of church property. .123 

7. Trustees and congregational 

meetings 124 



In the use of the property for 
all religious services or eccle- 
siastical purposes, the trus- 
tees are under the control of 
the Session 125 

Decision of the United States 
Supreme Court in the case 
of the Walnut Street Pres- 
byterian Church, Louis- 
ville, Ky 126, 327 



Chapter III. Of the Officers of the Church. 
Sections 1-2 142 



Chapter IV. Of Bishops or Pastors. 



1. The pastoral relation. 

1. Fidelity in pastoral duties en- 

joined 143 

2. The pastoral relation empha- 

sized and encouraged. 144 

3. Ministerial rights unaffected 

by being honorably retired. .145 

4. Installation of pastors-elect 

insisted on 146 

2. Supplies. 

1. Stated supplies to be discour- 

aged 146 

2. Presbytery can terminate sta- 

ted supply at discretion 147 



3. Evangelists not to be ordain- 

ed to serve as stated supplies. 147 

4. Stated supplies have no pasto- 

ral powers 147 

5. Have only such rights as may 

be conferred by Presbytery. 147 

6. Should not preach in the pul- 

pits of any Presbytery with- 
out its consent 147 

7. A pastor-elect not stated sup- 

ply ipso facto 147 

8. Deliverances on stated sup- 

plies reaffirmed 147 

9. What is a stated supply ; and 

what is a vacant church?. . .148 



Chapter V. Of Ruling Elders. 



1. Ruling elders assistants to min- 

isters 148 

2. The eldership essential to the 

existence of a Presbyterian 
church 148 

3. Elders must be duly elected 

and set apart 148 

4. A ruling elder without charge 

has no seat in a church 
court 149 

5. An elder cannot hold office in 

two churches at the same 
time 149 

6. Nor adjudicate in a church of 

which he is not an elder 149 

7. An elder has the same right to 

sit in Synod as in Presbytery. 149 



8. When an elder has been sus- 

pended from church privi- 
leges, and is restored, he is 
not thereby restored to office. 149 

9. Elders are not to participate in 

the ordination of ministers 
by the laying on of hands. .149 

10. Ruling elders may not admin- 

ister sealing ordinances 151 

11. Ruling elders may explain the 

Scriptures and exhort in the 
absence of the pastor 151 

12 The proper court to try rul- 
ing elders in a given case. . .151 

13. Ministers not eligible to the 

ruling eldership 151 



Chapter VI. Of Deacons. 



1. Their functions. They have 

no judicial power 152 

2. The temporalities of the church 

may be committed to them. 152 

3. Appointment of deacons urged. 152 

4. One may be at once elder and 

deacon 152 

5. Deacons may distribute the 



bread and the wine at the 
communion 153 

6. To the deacons belongs exclu- 

sively the control of the 
funds for the poor 153 

7. May not represent the church 

in church courts 153 



Chapter VII. Of Ordinances in a Particular Church. 
Section 1 153 



FORM OF GOVERNMENT. 



XV 



Chapter VIII. 



Of Church Government, and the Several Kinds of 
Judicatories. 



Section 1. Need and Form 154 

Section 2. Jurisdiction 154 

1. Union of Church and State dis- 

avowed. Relation to the 
State 154 

2. Right of any judicatory to 

bear testimony against erro- 



neous and injurious publica- 
tions 156 

3. Judicial authority cannot be 
granted to bodies other than 
those established by the Con- 
stitution 156 



Chapter IX. Of the Church Session. 



Section 1. Constituent elements . .157 

1. A special Session unconstitu- 

tional. An offender must be 
tried by the constitutional 
judicatories 158 

2. A Session may consist of for- 

eign missionaries 158 

0. An elder may not adjudicate in 

any church in which he is 
not an elder 158 

4. A minister may not sit as a 

corresponding member of 
Session, nor be assigned as 
counsel for the accused 159 

5. Elders must be ordained. Neg- 

lect of ordination invali- 
dates decisions 159 

Section 2. Quorum 159 

1. A minister with one elder, if 

there be but one, may con- 
stitute a quorum . 159 

2. A single elder may constitute 

the Session 160 

3. Where elders are non-resident, 

the remaining members au- 
thorized to act 160 

4. Less than a quorum incapable 

of any organic act 160 

5. Official acts of Session can be 

performed only when it is 
regularly convened. Prayer 
in opening and closing re- 
commended 160 

6. The Session has discretion as 

to the circumstances under 
which a meeting should 
be opened and closed with 

prayer 161 

Section 3. Moderator of church 

with pastor 161 

1. A pastor-elect not moderator 

or stated supply by vir- 
tue of the call in progress. . .161 

2. Who may moderate a Session 

in the absence of a pastor ? . .162 

3. When another minister acts as 

moderator, the pastor is a 
member of the Session, and 
may be appointed a prose- 
cutor 162 

Section 4. Moderator of vacant 

church 163 



1. Where a minister is the accu- 

ser, a minister should pre- 
side 163 

2. Moderator to be of the same 

Presbytery. Session cannot 
invite a minister of another 

Presbytery 163 

Section 5. Collegiate pastors 163 

Section 6. Powers and duties of 

the Session 163 

1. The Session has original juris- 

diction over church mem- 
bers 164 

2. The Session has oversight of 

the conduct of church mem- 
bers 164 

3. The Session has oversight of 

young people's societies 164 

4. Statement of relation between 

the individual society and 
the church . 164 

5. Jurisdiction over a suspended 

member is in the church 
which suspended him 166 

6. The vote of the Session is the 

reception to membership. It 
must involve baptism. The 
use and authority of local 
confessions and covenants. .166 

7. An unbaptized person apply- 

ing for admission to the 
church must be baptized. . . .167 

8. Certificate of dismission re- 

quired 167 

9. Examination of candidates 

ought ordinarily to be in 
the presence of the Session. .168 

10. Members should be received 

to the church only by a Ses- 
sion regularly constituted. .168 

11. Session can receive persons 

only into the organized 
church of which it is the 
governing body 168 

12. T>uty of the Session in the case 

of those who have joined an- 
other church, and are in 
other respects irregular 168 

13. Sessions may not receive mem- 

bers of other churches with- 
out regular dismission 169 

14. Duty of 'the Session in case of 



SYLLABUS. 



those who doubt their per- 
sonal piety 169 

15. The examination of candidates 

for admission to sealing or- 
dinances should, except in 
special cases, be in the pres- 
ence of the Session 169 

16. The Session has no power to 

prohibit collections ordered 
by the Assembly 169 

17. Representation in the superior 

courts required 170 

18. Attendance on the superior 

courts enforced. Expenses 
of elders should be paid. 
Ruling elders should be 
called on for reasons of ab- 
sence 170 

19. The same elder must represent 

his church at an adjourned 
meeting who represented it 
at the stated meeting 170 

20. In appointing delegates to the 

higher judicatories, the Ses- ■ 
sion should designate the 
service to be performed 171 

21. Communion wine ; the purest 

attainable to be used 171 

22. Baptism of Roman Catholic 

converts discretionary 171 

23. Discretion of the Session as to 

women's part in meetings 
for prayer 171 



24. Church music is under the con- 

trol of the minister and the 
Session 172 

25. Functions and duties of trus- 

tees in their relations to Ses- 
sions 172 

26. The Session has exclusive au- 

thority over the worship of 

the church 172 

Section 7. Meetings 173 

Section 8. Records of Session 17-3 

1. The records should be full. . . .173 

2. Testimony in judicial cases 

should be engrossed upon 
the records 173 

3. Records once approved by a 

superior judicatory may not 
be altered by the inferior . . .173 
Section 9. Registers of Sessions. . .174 

1. Statistical reports should show 

only actual membership .... 174 

2. Ordained ministers not to be 

enrolled as members of the 
church they serve 174 

3. The aggregate number of elders 

and deacons to be reported. 174 

4. Acting elders only to be re- 

ported ; all communicants 
included 174 

5. Rolls of baptized children, not 

communicants, to be kept. .175 

6. Annual narrative of the state 

of religion 175, 897 



Chapter X. Op the Presbytery. 



Section 1. Importance 177 

Section 2. Constituent elements . .177 

1. The first Presbyteries consti- 

tuted of ministers 177 

2. The Assembly refuses to erect 

a Presbytery of less than the 
constitutional number 178 

3. A Presbytery with less than 

five ministers dissolved 178 

4. Mission Presbyteries with less 

than five ministers may be 
continued 178 

5. "Elective affinity" Presbyte- 

ries condemned 178 

6. Presbyteries to be defined by 

geographical lines, or lines of 
travel 179 

7. Presbyteries may not be or- 

ganized so as to cover the 
same ground 179 

8. Presbyteries and Synods in for- 

eign missionary fields 179 

i. In regions occupied by the 
Presbyterian Board of For- 
eign Missions only 179 

ii. In regions occupied by the 
Board and by the missions 
of other Presbyterian de- 
nominations 180 



9. Union Presbyteries in foreign 
fields 180 

10. Ministers without charge are 

constituent members of Pres- 
bytery 181 

11. Elders without charge and 

membership in Presbytery. .181 

12. Ministers without charge must 

unite with the Presbytery 
within whose bounds they 
reside 181 

13. The Presbytery to judge each 

case of those living out of 
their bounds 181 

14. Non-residents to be transferred 

to the Presbyteries within the 
bounds of which they reside. 182 

15. The above rules defined and 

affirmed 182 

16. Jurisdiction over members 

non-resident 183 

Section 3. Representation of con- 
gregations with pastors 183 

1. Collegiate church defined 183 

Section 4. Representation of con- 
gregations with one pastor. .183 

1. United congregations repre- 

sented by one elder 183 

2. Where a minister is pastor of 



FORM OF GOVERNMENT. 



xvn 



one church, and stated sup- 
ply of another, each is en- 
titled to be represented 183 

3. Churches in different Presby- 

teries under one pastor 184 

4. Churches in different Presby- 

teries under one pastor are 
under the care of the Pres- 
bytery to which the pastor 
belongs, while the relation 
continues 184 

5. The course to be pursued when 

the pastoral relation is to be 
constituted over churches in 
different Presbyteries or Syn- 
ods 184 

Section 5. Vacant churches 185 

1. Every congregation is vacant 
which has not a pastor duly 

installed 185 

Section 6. Certificates 185 

Section 7. Quorum 185 

1. A quorum may be constituted 

wholly of ministers 185 

2. Less than three ministers can- 

not be a quorum 186 

3. Less than a quorum can do 

no presbyterial acts other 
than to adjourn. They can- 
not receive a member, so as 
to form a quorum 186 

(a) The law of a quorum . 187 

(b) Taking up charges equiva- 
lent to entering process. . . .187 

(c) The moderator and clerk 

ministerial officers merely, 
and not necessarily members 
of the j udicatory 188 

4. Reception of a member by less 

than a quorum sanctioned 

as an exceptional case 189 

Section 8. Powers of Presbytery . 190 

I. To receive and issue appeals, 

complaints and references 

from church Sessions 190 

1. The acts of Presbytery are 
subject to appeal ; but must 
be obeyed until repealed or 
modified 190 

II. To examine and license candi- 

dates for the holy ministry .191 

1. Licentiates should be regu- 

larly received. Caution to 
be used 191 

2. Time limit for licenses 191 

3. The Assembly's constitutional 

powers in licensure 191 

4. Rights and duties of the Pres- 

byteries in licensing candi- 
dates 191 

III. To ordain ministers 192 

1. Ordination by a commission 

of Presbytery 192 

2. Ordination by a commission 

unconstitutional 192 

3. On the Sabbath inexpedient, 

B 



but left to the discretion of 
the Presbytery 192 

4. Ordination by foreign bodies 

not approved 192 

5. Lay ordination invalid 193 

6. Ordination procured by fraud 

valid, but the Presbytery 
should depose 193 

7. Presbyteries only are com- 

petent to ordain ministers . .194 

8. If one who has been deposed, 

or who has demitted the 
ministry, is restored, he must 
be reordained 194 

9. Rule in respect to receiving a 

minister from another de- 
nomination. 194 

10. The reasons for receiving an 

ordained minister from 
another denomination to be 
recorded 195 

11. Leave to ordain refused where 

there is no Presbytery 195 

12. Reception of foreign minis- 

ters. The rule.. 196 

13. The rule enforced 198 

14. Rule applies to minister seek- 

ing to be restored 198 

15. Privilege lost by a return to 

Europe " 199 

16. Rule repealed as to ministers 

from the Presbyterian 
Churches of Great Britain. .199 

17. Rule repealed as to the Pres- 

byterian Churches of Canada 199 

18. Rule waived in the case of 

ministers from Presbyteries 
in correspondence with the 
Assembly 199 

IV. To install' ministers 199 

1. The cognizance of settling 

pastors belongs to Presby- 
tery 199 

2. Presbytery may refuse to in- 

stall even where parties are 
agreed 200 

3. Presbytery may refuse to in- 

stall at it's discretion 200 

V. To remove ministers 200 

1. Presbytery has power to dis- 

solve a pastoral relation at 
its own discretion 200 

2. Synod on appeal directs the 

dissolution of the pastoral 
relation, and is sustained. . .200 

3. A pastor may not be dismissed 

to a body other than that to 
which his church belongs.. .201 

4. To dismiss by a committee is 

unconstitutional 201 

5. Presbytery may not authorize 

its Clerk* to grant letters of 
dismission during the inter 
vals of its sessions 201 

VI. To judge ministers 201 

1. The Presbytery alone must 



XV111 



SYLLABUS. 



judge of the fitness of its 
members 201 

2. The Presbytery has discretion 

in receiving members 202 

3. Presbytery may reject an ap 

plicant 202 

4. But not without sufficient rea- 

sons 202 

5. Rule as to a member of an ex- 

tinct Presbytery charged 
with an offence 203 

6. How ministers and licentiates 

from corresponding bodies 
are to be received 203 

7. Ministers dismissed in good 

standing should be received 
on their testimonials 204 

8. The right of Presbytery to 

satisfy itself 204 

9. The right of Presbytery to 

examine ministers applying 
for admission recognized 
by both Assemblies 205 

10. Examination of a minister 

bringing a letter from 
another Presbytery discre- 
tionary . . 205 

11. A Presbytery may not give a 

qualified dismission nor re- 
ceive a minister except on 
a letter of dismission . Where 
reception is void, the name 
should be stricken from the 
roll 205 

12. Ministers from other denomi- 

nations to be carefully ex- 
amined in theology 205 

13. A Presbytery may not restore 

a minister deposed by 
another 206 

14. A minister who has withdrawn 

can be restored only by the 
Presbytery from which he 
withdrew 206 

15. The name of a suspended 

minister is to remain upon 
the roll 206 

16. Deposition does not neces- 

sarily infer also excommu- 
nication. When both are 
intended, it should be so ex- 
pressed 207 

17. The name of a deposed minis- 

ter to be published in case 
he does not cease from min- 
isterial functions 207 

VII. Miscellaneous questions per- 
taining to ministers and 
churches 207 

1. Ministers who neglect their 

duty to be summoned to 
answer 207 

2. If persistent to be regularly 

excluded or deposed 208 

3. Presbyteries to inspect the 

fidelity of their members . . .208 



4. Reasons for withdrawal to be 

required and recorded 208 

5. Compliance with the rule of 

1834 enforced 208 

6. Ministers engaged in secular 

callings 208 

7. When providentially incapaci- 

tated, ministerial privileges 
remain 209 

8. Ministers without charge are 

constituent members of 
Presbytery 209 

9. All ministers are of equal 

power and privilege '209 

10. May a minister hold civil office209 

11. May hold the office of chap 

lain in the army or navy . . .210 

12. Demission of the ministry now 

permitted 211 

13. Ministers who withdraw from 

Presbytery and unite with 
another denomination 
stricken from the roll 211 

14. Names of church members 

and ministers who withdraw 
irregularly to be stricken 
from the roll under specified 
circumstances 212 

15. Duty of Presbytery in case of 

members who do not report. 212 

16. Authority for taking from the 

roll the names of ministers 
serving churches in other 
denominations 212 

VIII. To examine and approve or 
censure church records. 213 

1. Presbyteries must review the 
records of Sessions 213 

IX. To resolve questions of doc- 

trine or discipline 213 

X. To condemn erroneous opin- 

ions 213 

XI. To visit particular churches, 

to inquire and redress 213 

1. Overture on the right of a 

church to dismiss its elders ; 
to deny the right of appeal, 
and to deny the authority 
of the Presbytery 213 

2. Unconstitutional acts of a 

portion of a church are void. 214 

3. Presbytery may, without peti- 

tion, direct an elder to cease 
acting 214 

4. A church may not withdraw 

without consent of Presby- 
tery 214 

5. Course to be pursued when a 

church wishes to withdraw. 21 5 

6. Presbyteiy may dissolve a 

church " 215 

7. Dissolution is in the discretion 

of the Presbytery, subject to 
appeal 216 

8. The church must have notice 

of the proposed dissolution .216 



FORM OF GOVERNMENT. 



XIX 



XII. To organize, unite and 
divide churches 217 

1. The organizing of churches 

belongs to Presbytery 217 

2. To divide and organize on 

petition of a minority 218 

3. Presbytery may prohibit an 

organization 218 

4. When new congregations may 

be formed 218 

5. Churches should not be organ- 

ized where the people can 
be supplied with church 
privileges by existing Pres- 
byterian churches 218 

6. Presbytery has power over 

the location of a church 219 

7. Presbytery has power to 

divide a church 219 

8. Presbytery has power to 

unite churches 220 

9. Presbytery may not dismiss 

or receive a church without 
the consent of Synod 220 

XIII. To order whatever pertains 
to the spiritual welfare of 
the churches 220 

1. A Presbytery dissolves a pas- 

toral relation on its own 
discretion, for the peace and 
welfare of the church 220 

2. Power of the Presbytery over 

the pulpits of its churches . .222 

3. The power of the Presbytery 

over unemployed ministers 
and vacant churches 222 

(1) Committee of seven ap- 
pointed, 1888 222 

(2) Committees of Presbytery 

to be appointed 223 

4. The higher judicatories may 

institute process in cases in 
which the lower have been 
directed so to do and have 
refused or neglected to obey. 223 



Section 9. Records 224 

1. Narratives and all important 

papers to be recorded 224 

2. Minutes of Presbyteries may 

be kept in print 224 

3. Churches holding services in 

foreign languages to be 
designated in statistical re- 
ports 224 

4. The Stated Clerk of the As- 

sembly may on explicit 
official information correct 
errors 224 

5. Annual reports to the General 

Assembly 225 

Section 10. Meetings r2 J 

1. Presbyter}' may meet without 

its own bounds 223 

2. A meeting pro re uata must 

be called by the moderator 
chosen at a stated meeting. .226 

3. When meetings pro re n 

may be called 220 

4. Applicants for a meeting pro 

re nata may name a time 
and place which the modera- 
tor may not change 226 

5. What business may be done. .226 

6. How the place of the regu- 

larly appointed meeting may 
be changed 227 

Section 1 1. Sermon 227 

1. The preacher not necessarily a 
member of that Presbytery. .227 

Section 12. Corresponding mem- 
bers . 227 

1. Synods and Presbyteries may 

correspond with local bodies 22 3 

2. The ecclesiastical bodies must 

be named 228 

3. An elder cannot sit as a cor- 

responding member 228 

4. A Unitarian minister may not 

be invited to sit 228 



Chapter XI. Of the Syxod. 



Section 1. Constituent elements . .229 

1. Mode in which a Synod may 

become a delegated body. . .229 

2. Synod may not refuse to re- 

ceive the members of its 
Presbyteries, nor order their 
names to be erased 229 

3. The Synods as constituted in 

1870/. 229 

4. Churches of Presbyteries be- 

vond the bounds of the 
United States 229 

5. Svnods organized between 

1870 and 1881 230 

(1) Synod of Colorado 230 

(2) Synod of Nebraska 230 

(3) Synod of the Columbia 
[now Oregon] 230 



(4) Change of name, Columbia 

to Oregon 281 

(5) Synod of Texas 231 

(6) Svnods of Colorado and 
Utah 231 

(7) Svnod of Dakota [now 
South Dakota] 232 

(8) Change of name, Dakota to 
South Dakota 232 

(9) Synod of North Dakota.. . .232 

(10) Bounds of North and South 
Dakota 233 

(11) Catawba 233 

(12) Indian Territory 233 

(13) New Mexico 234 

(14) Washington 334 

(15) Montana 234 



■ 



XX 



SYLLABUS. 



(16) Pacific changed to Cali- 
fornia 235 

6. The Synods as reorganized in 

1881 236 

a. Recommendations adopted .236 

b. The Enabling Act 236 

(1) The Synod of New York. .236 

(2) Pennsylvania .237 

(3) Ohio 237 

(4) Indiana 237 

(5) Illinois 238 

(6) Iowa 238 

7. Custody of the records of the 

Synods thus consolidated. . .238 

8. The official relation of the 

Stated Clerk of a judicatory 
terminates by his removal 
from its bounds. The cus- 
tody of the records is with 
the Permanent Clerk or tfie 

Moderator 238 

Section 2. Quorum , 239 

1. When a Synod consists of 

three Presbyteries, the with- 
drawal of one of them for 
judicial business does not 
destroy the quorum 239 

2. The rule as to a quorum must 

be observed. Irregular pro- 
ceedings, how treated 239 

3. The acts of less than a quorum 

are unconstitutional and 
void 240 

4. Meetings pro re nata constitu- 

tional 240 

5 The authority torn, pro' re nata 
meeting is not found in 
Chap, x, Sec. x, Form of 
Government 241 

6. A pro re nata meeting to ap- 

prove the minutes sustained. 241 

7. The Moderator must specify 

the object of the meeting. . .241 

8. "When a Synod has failed to 

meet on its adjournment, the 
Moderator is competent to 
call a meeting 241 

9. The Assembly may fix time 

and place 242 

10. The Moderator may not 

change the time of meeting. 242 

11. Action of Synod changing 

the place of meeting, legal- 
ized 242 

12. How the place of meeting 

may be changed 242 

13. Business session on the Sab- 

bath censured 243 

Section 3. Corresponding mem- 
bers , 243 

1. The record should name the 
body to which a correspond- 
ing member belongs 243 

Section 4. Powers of Synod 243 

1. The Synod has appellate but 
not original jurisdiction 244 



2. The Synod may not institute 

judicial process 244 

3. Synod may reverse and cor 

rect the action of Presby- 
tery, but must observe the 
rules of discipline 244 

4. The Synod has jurisdiction 

over the members of an ex- 
tinct Presbytery not re- 
ceived by any other Presby- 
tery 245 

5. A Synod visits a church to 

ascertain the acceptability 
of its elders 245 

6. Synod may direct the dissolu- 

tion of the pastoral relation. 245 

7. Synod has power to direct a 

Presbytery to issue a certifi- 
cate of dismission 245 

8. The Assembly will not enter- 

tain appeals which do not 
affect the doctrine or Consti- 
tution of the Church 245 

Section 5. Meetings 246 

1. The above rule construed 

literally and must be obeyed246 

2. The records should state that 

the meetings were opened 

and closed with prayer 246 

Section 6. Records 246 

1. The records must be full and 

fair. Reasons for decisions 
must be recorded 246 

2. The subject matter of com- 

plaints must be recorded . . . 247 

3. Reasons for judicial action 

must be recorded 247 

4. Synod of Atlantic, defects ex- 

cepted to and the Synod re- 
quired to review and correct 
its proceedings, which were 
of a judicial character 248 

5. Records should show a com- 

plete roll, and action upon 
reports ; censure may not 
be passed without trial or 
self-accusation 248 

6. Judicial cases must be de- 

scribed ; their character de- 
fined and the significance of 
and reasons for the judg- 
ment set forth 249 

7. The subject-matter of a com- 

plaint, and the disposal 
made of it, must be re- 
corded. 250 

8. Synod directed to correct its 

records so as to conform to 
the facts in the case 250 

9. A special record must be sent 

up of all judicial decisions 251 

10. The records must be full 

and fair 251 

11. Records should be fair and 

without abbreviations 251 



FORM OF GOVERNMENT. 



XXI 



12. Corrections may not be made 

after review by the Assem- 
bly 251 

13. Sundry omissions- and irregu- 

larities censured 252 

14. Papers must be preserved, 

pages numbered 252 

15. Overture answered must be 

described 253 

16. The record must state the 

character of a complaint and 
whether due notice was 
given. Reports adopted 
must be recorded. Record 
must be made of action 
taken 253 

17. A narrative of the state of 

religion should be prepared 
and recorded 254 

18. The records must be pre- 

sented annually 255 

19. Synod of Tennessee directed 

to expunge certain matter. .256 

20. The records must show all 

changes in the Presbyteries. 256 

21. Absentees must be called to 



answer, and reasons given 
for tardiness 256 

22. Names of absentees should be 

recorded, and excuse for 
absence required 256 

23. Synod may not suspend ab- 

sentees without trial 256 

24. The minutes should be read 

and approved 257 

25. No second approval of the 

minutes required 257 

26. The minutes must be attested 

by the Stated or Permanent 
Clerk 257 

27. Records should be kept in 

handwriting 258 

28. Permission to present printed 

records; conditions pre- 
scribed 258 

29. All the church judicatories 

may follow the above rule. .258 

30. The prescribed conditions 

must be complied with 258 

31. Synodical reports to the As- 

sembly 259 



Chapter XII. Of the General Assembly. 



Section 1 . Definition 259 

1. Formation of the General 

Assembly 260 

2. Organization of the Assembly. 260 

3. Rules of organization. Com- 

mittee on Commissions 260 

Standing order 260 

4. Mode of choosing the Mod- 

erator . . 261 

5. Manner of installing the Mod- 

erator 261 

Rules relating to the Moderator.261 

6. Communications addressed to 

the Moderator 262 

7. Moderator may not have a 

double vote 262 

8. Moderator, when a member 

of a court appealed from, or 
a party in the case, will not 
preside 262 

9. Standing orders and rules 1-21|262 

10. Rules of order for the Gen- 

eral Assembly 264 

11. General rules for judicatories, 

Rules I-XLIII 265 

12. Officers of the General As- 

sembly 269 

i. The Moderator 269 

ii. The Stated Clerk 269 

Appointment of 269 

Duties of 269 

To act as Treasurer 270 

To arrange for transportation 

of commissioners 270 

Duties and salary 270 

To secure needed clerical assist- 
ance 271 



iii. The Permanent Recording 
Clerk. Appointment and 
duties 272 

Salary 272 

iv. The Temporary Clerks 272 

Nominated by the Stated and 
Permanent Clerks 272 

Choice of Clerks not confined 
to members of the Assembly. 272 

Moderator and Clerk are minis- 
terial officers of the judica- 
tory 273 

13. Standing Committees of each 
Assembly. The Standing 
and Permanent Committees 
of the judicatories should 
consist of ordained men. 
Numbers of members of 
each Committee 273 

(1) Committee of Bills and 
Overtures 273 

(2) The Judicial Committee. . .275 

(3) On the Polity of the 
Church 275 

(4) On Foreign Missions 275 

(5) On Home Missions 275 

(6) On Education 275 

(7) On Publication and Sab- 
bath-school Work 275 

(8) On Church Erection 275 

(9) On Theological Seminaries. 275 

(10) On Ministerial Relief 275 

(11) On Freedmen 275 

(12) On Aid for Colleges and 
Academies 275 

(13) On Correspondence 275 

(14) On Benevolence 276 



SYLLABUS. 



(15) On the Narrative 276 

(16) On Temperance 276 

( 17) On Leave of Absence 276 

(18) On Mileage 276 

(19) On Finance 276 

(20) On the Records of the 
Synods 277 

14. Corresponding members. 

Ministers casually present 
not invited 277 

15. Delegates from correspond- 

ing bodies 277 

16. Secretaries of the Boards ; 

Stated and Permanent 
Clerks have privileges of 
corresponding members . . . .277 

17. Manual of the General As- 

sembly 277 

Section 2. Representation 278 

1. The former ratios of repre- 

sentation 278 

2. Where a Presbytery sends 

more than its proper repre- 
sentation, the last elected 
are refused 278 

3. Section 2 is mandatory both 

as to the proportion of min- 
isters and elders, and as to 
sending the full number. . . .278 

4. An elder who is a member of 

a church under the care of 
the Presbytery may be 

elected.. 279 

Section 3. Quorum 279 

Section 4. Appellate powers 279 

1. The Assembly will not ordi- 

narily decide cases in then. . 279 

2. The Assembly cannot remit 

the final decision of any 
matter affecting the doctrine 
of the Church to an inferior 

judicatory 2 C 

Section 5. Original powers 281 

I. Decisions and deliverances on 

doctrine 281 

II. Testimony against doctrinal 

errors 281 

1. Deliverance of the Assembly 

of 1837 281 

2. Explication of doctrines 283 

Protest to the Assembly of 

1837, including the Auburn 
Declaration so called 283 

3. Action of the Old School As- 

sembly of 1869, on alleged 
toleration of doctrinal errors 
by the New School 285 

4. Answer to this Protest 285 

III. To receive petitions, memo- 

rials, appeals, complaints, 
etc 288 

1. The right to petition and to 

memorialize the Assembly 
affirmed 288 

2. One who does not submit is 



debarred the right to peti- 
tion 289 

3. Overtures on any pending 

judicial case will not be re- 
ceived 289 

4. The rule as adopted at the 

Reunion of 1870 : Bills, over- 
tures, etc., received only 
from Presbyteries and 
Synods 290 

5. The rule of 1870 affirmed and 

enforced 290 

6. The rule does not deny the 

right of petition; i's repeal 
inexpedient 291 

7. Memorial from an individual 

received 291 

8. Overtures contemplated by 

the rule of 1870 defined ....*. 292 

9. Memorials, overtures, etc., 

received 292 

IV. Power of visitation 292 

1. The power of visitation exer- 

cised by the Assembly 292 

2. Case of Lane Seminary 293 

V. Pastoral letters and deliver- 

ances 293 

1. On Missions 293 

2. On occasion of the old French 

War 293 

3. On the repeal of the Stamp 

Act 293 

4. Upon the occasion of the 

Revolutionary War . . 294 

5. Address to Washington on 

his election to the Presi- 
dency and his reply 294 

6. On the results of the French 

Revolution 294 

7. On the disturbances in Ken- 

tucky, etc 294 

8. On the Sabbath 294 

9. On Christian activity 294 

10. On prevalent vices and im- 

moralities 294 

11. On revivals and their abuses. 294 

12. On the maintenance of doc- 

trinal purity 294 

13. On revivals of religion 294 

14. On repairing the wastes of 

the Civil War 294 

15. On the observance of the 

Sabbath 294 

16. On the Civil War 294 

17. Report on the perils which 

beset the system of popular 
education 294 

18. Testimony against the sup- 

port of Roman Catholic and 
other denominational insti- 
tutions by public funds 297 

19. Protest against appropriation 

of public funds for ecclesias- 
tical uses 298 

VI. Power of the Assembly over 

its own members 298 



FORM OF GOVERNMENT. 



XX111 



1. To exclude from the rights of 

membership pending pro- 
cess 298 

2. To expel a commissioner from 

membership 299 

VII. Of erecting, changing and 
dissolving Synods 299 

1. To dissolve a Synod and 
transfer its Presbyteries. . . .299 

VIII. Of erecting, changing and 
dissolving Presbyteries 300 

1. Cases before 1870 300 

2. Presbyteries formed or recog- 

nized by the Assembly 
since the Reunion, 1870 303 

3. Presbyteries dissolved 303 

IX. To transfer churches from 

one Presbytery and Synod 

to another 303 

1. Cases adjudicated 303 

X. To transfer ministers from one 

Presbytery to another, or to 

a new one 304 

1. Cases adjudicated 304 

XI. To receive other ecclesiatical 

bodies 304 

XII. To define the succession of 
Presbyteries.... 305 

XIII. To correspond with foreign 
churches 306 

i. Churches in general 306 

1. Bodies with which the As- 
sembly is at present in cor- 
respondence 306 

2. Churches in Great Britain 
and Ireland 306 

(1) Report on foreign cor- 
respondence 306 

3. The Presbyterian Alliance. .307 

(1) Report of the delegates to 
the London Conference of 
1875 307 

(2) The Constitution of the 
Alliance 308 

(3) Provision for expenses of 
the Standing Committee and 
Secretary 310 

(4) The Assembly will not ap- 
point delegates to Churches 
represented in the Alliance. 
Exceptions 310 

(5) Basis of representatiou 
altered 311 

(6) Plan of cooperation in work 
on the North American Con- 
tinent 311 

ii. Churches in America 311 

1. Proposals for correspondence 

with the New England 
churches 311 

2. Plan of correspondence with 
the General Association of 
Connecticut 311 

3. The plan of union and action 
under it 312 



4. Correspondence with the Re- 
formed Churches 312 

5. Proposal of the Reformed 

(Dutch) Church in America 
declined 312 

6. Complaint against the Pres- 
bytery of North River 312 

7. Relations to the Presbyterian 
Church in the United 
States 312 

(1) The Presbyterian Church 
in the U. S. (South) recog- 
nized as an independent 
body 312 

(2) Correspondence with the 
Presbyterian Church in the 

U. S 313 

(3) Action touching those 
adhering to the General 
Assembly of the Presbyte- 
rian Church in the U. S. 
and Old School Synod of 
Missouri declared mill and 
void 315 

(4) Correspondence with the 
General Assembly of the 
Presbvterian Church in the 

U. S 316 

Special Committee on Coopera- 
tion appointed 317 

(5) Cooperation with the Pres- 
byterian Church in theU. S.318 

i. Foreign Mission 319 

ii. Home field 320 

iii. Evangelization of the 

Colored People 321 

iv. Publication 322 

(6) Committee of Conference 
with the Presbyterian 
Church in the U. S. on 
Colored Work 323 

(7) Cooperation in Foreign 
Missions with the Presby- 
terian Church in the U. S. . .323 

(8) Overtures for organic union 
with the Presbyterian 
Church, U. S 324 

Fraternal letter and answer. .325 

XIV. Relations to non-ecclesias- 
tical bodies 325 

1. The Assembly will not peti- 

tion partisan conventions. .325 

2. Receives and appoints dele- 

gates only in case of eccle- 
siastical bodies 325 

XV. Powers in determining 
which are true and lawful 
judicatories, and who are 
church officers 326 

1. Synods and Presbyteries in 

Kentucky and Missouri 326 

2. Case of the Walnut Street 

Church, Louisville, Ky. The 
Assembly passes upon the 
validity of the election of 
ruling elders 327 



XXIV 



SYLLABUS. 



XVI. The Assembly may pro- 
pose rules regulative of the 
Constitutional powers of 
Presbyteries and Synods . . .330 
Section 6. Constitutional rules 330 

1. Local evangelists 330 

2. Examination for licensure... .331 
Constitutional Rule No. 2 331 

Section 7. Meetings 331 

1. Adjourned meetings of the 

Assembly. Opinion of 
Chancellor Kent 331 

2. The adjourned meetings of 

1869 332 

3. Who may sit as commissioners 

at an adjourned Assembly. .333 
Section 8. Dissolution. Place of 

meeting 333 

1. The place of meeting deter- 

mined by the vote of the 
Assembly 333 

2. Permanent Committee on the 

place of meeting of the next 
Assembly 334 

3. Form of minute of dissolving 

the Assembly 334 

The Trustees, the Boards, 
and the Seminaries. 

I. The Trustees of the General 

Assembly 334 

1. The charter of the Trustees. 334 

2. The charter accepted 336 

3. Trustees of the Presbyterian 

House 337 

4. Consolidation and merger of 
the Trustees of the General 
Assembly and of the Pres- 
byterian House 338 

5. Business regulations 338 

6. Manner of election of Trus- 
tees 338 

7. Record of election by the 
Assembly . " 339 

8. The Trustees authorized to 
receive and hold in trust be- 
quests made to the Presby- 
terian Historical Society .... 339 

9. The official seal of the 
Church 339 

II. The Boards of the Church. .340 

1. Concurrent declarations, 
Assembly of 1869 340 

2. Regulations as to minutes, 
reports and membership 341 

3. Regulations as to use of 
legacies 341 

4. No trustee or director may 
receive any salary or emolu- 
ment from the Board 341 

i. The Board of Home Missions. 342 

1. History 342 

2. Consolidated Board as estab- 
lished at Reunion 342 

3. The act of incorporation 343 

4. First amendment of the act. 345 



5. Second amendment of the 
act 345 

6. Pennsylvania act authoriz- 
ing transfer of property . . . .346 

7. Principles and rules for the 
work of Home Missions. . . .347 

8. The school work: Woman's 
Board 848 

9. The sustentation scheme. . .349 
ii. The Board of Foreign Mis- 
sions 349 

1. History' 349 

2. The organization of the 
Board ; ..*50 

3. Alterations necessitated by 
legislation 350 

4. Charter of the Board of For- 
eign Missions 350 

5. Amendment of the charter. 351 
iii. The Board of Education 351 

1. History 351 

2. Board of Education of the 
reunited Church 352 

3. Constitution of the Board.. 352 

4. Act of incorporation of the 
Board (Legislature of Penn- 
sylvania) 354 

5. Act authorizing the transfer 
of property of the Perma- 
nent Committee on Educa- 
tion to the Board of Educa- 
tion (Legislature of New 
York) 356 

6. Rules, candidates for the 
ministry 357 

(1) Dependence of the Board 
upon the Presbyteries 357 

(2) Reception of candidates. .357 

(3) Scholarships 357 

(4) Care of candidates 359 

(5) Particular duties of candi- 
dates 360 

(6) Exceptional cases 361 

7. Plan for the encouragement 
of a missionary spirit in 
candidates 361 

iv. The Board of Publication 
and Sabbath-school Work. 362 

1. History 362 

2. The Board of Publication, 
organized 1870 362 

3. The Sabbath-school work of 
the Board, three branches. .366 

4. Charter of the Board 366 

5. Relations of the missionary 
and publishing depart- 
ments 367 

6. The Sabbath-school work 
of the Board 368 

7. Blanks printedby the Board 
to be approved by the 
proper authority and so in- 
dorsed 370 

8. Reorganization of the Board, 
1887 370 

v. Board of Church Erection . .372 



FORM OF GOVERNMENT. 



xxv 



The Trustees of the Church 
Erection Fund 372 

1. The organization . . . .372 

2. The plan for the custody, 
care and management of 

the Church Erection Fund. .374 ! 

3. Acts of incorporation 380 

4. The charter amended 381 

5. Plan and rules for the Gen- 
eral Fund 382 

6. Plan and rules for the Loan 
Fund 385 

7. Plan and rules for the 
Manse Fund 386 

vi. Relief Fund for Disabled 
Ministers, and the Widows 
and Orphans of Deceased 
Ministers 387 

1. Early History 387 

2. The Board of Relief consti- 
tuted 389 

3. The charter obtained 389 

4. The charter 389 

5. Rules of the Board of Re- 
lief 391 

vii. The Board of Missions for 
Freedmen 393 

1. The plan of the Committee 
adopted in 1870 393 

2. Relative duties and author- 
ity of the Board and the 
Presbyteries 394 

3. Charter of the Board 394 

viii. The Board of Aid for Col- 
leges and Academies 396 

1. Establishment and Consti- 
tution of the Board 396 

2. The Bible to be used as a 
text-book 397 

3. The charter of the Board of 
Aid for Colleges and Acade- 
mies 397 

ix. The Special Committee on 
Systematic Beneficence ....400 

1. History and appointment. .400 

2. Committee enlarged t o 
twelve 400 

3. Name changed. Work and 
expenses 400 

x. The Permanent Committee 
on Temperance 401 

1. Organization and work 401 

2. Reorganized and located in 
Pittsburgh 401 

3. Cooperation with the com- 
mittee. Provision for ex- 
penses 402 

xi. The Church at Home and 
Abroad 403 

1. The magazine established. .403 

2. The special committee con- 
tinued, with powers 403 

3. The committee enlarged. . .404 
xii. The Assembly Herald 404 

1. The paper established 404 



2. Report of the special com- 
mittee, 1895, 189tf 405 

3. Authority for editing 406 

xiii. Woman's Work for Mis- 
sions 406 

1. Home missions 406 

2. Foreign missions 406 

3. Freedmen's missions 406 

III. Theological Instruction . . . .407 
i. General matters 407 

1. Overtures for the establish- 
ment of a theological school. 407 

2. Answer to a memorial on en- 
tire uniformity in the gov- 
ernment and course of study 
in the theological schools of 
our Church 408 

3. Plans proposed 409 

4. Report on theological semi- 
naries, 1870 410 

5. Proposal of Union Theo- 
logical Seminary, 1870 413 

6. Limitations of the time with- 
in which the Assembly may 
exercise its veto in the elec- 
tion of a professor 415 

7. Committee on the Relations 
of the Assembly and the 
Seminaries 415 

8. Committee on Theological 
Seminaries. Report, 1893 . . .416 

9. Report, 1894 417 

10. Report, 1895 419 

11. Report, 1896 420 

12. Report, 1897 421 

13. Approval or veto of elec- 
tions of officers and pro- 
fessors 421 

IV. The Theological Seminaries. 422 
i. Princeton Theological Semi- 
nary 422 

1. Plan of Princeton Theo- 
logical Seminary 422 

2. Property to be held by the 
trustees of the Assembly... .429 

3 Directors to secure a char- 
ter 429 

4. Charter at first declined by 
the Assembly 429 

5. Orders given in connection 
with the charter 429 

6. Trustees elected by the As- 
sembly * 430 

7. Agreement with the trus- 
tees of New Jersey College. 430 

8. The charter 432 

9. Answer of the Princeton 
Boards to the Assembly of 
1895 435 

10. Action of the Assembly of 
1895 440 

11. Answer of the Princeton 
Boards, 1896 440 

12. Action of the Assembly, 
1896 440 



XXVI 



SYLLABUS. 



13. Request of the Princeton 
Boards, 1897 440 

14. Action of the Assembly, 
1897 441 

ii. The Theological Seminary 
at Auburn 441 

1. The charter 441 

2. Action of the trustees and 
commissioners of Auburn, 
1871 443 

3. The Assembly approves 
professors 443 

4. Answer of the Auburn 
Boards, 1895 444 

5. Action of the Assembly, 
1895 444 

6. Answer of the Auburn 
Boards, 1896 445 

7. Action of the Assembly, 
1896 447 

8. Answer of the Auburn 
Boards, 1897 448 

9. Action of the Assembly, 
1897 449 

iii. Western Theological Semi- 
nary at Allegheny, Pa 449 

1. Plan of the Western Semi- 
nary 449 

2. The charter of the Wes- 
tern Seminary 456 

3. Acceptance by the direc- 
tors of the plan of 1870 459 

4. The Assembly to approve 
the election of trustees 459 

5. Answer of the Boards, 
1895 459 

6. Action of the Assembly, 
1895 460 

7. Answer of the Boards, 
1896 460 

iv. Lane Theological Semi- 
nary 461 

1. Charter and amendments. 461 

2. The plan of the Assem- 
bly adopted by the trustees. 463 

3. Report of the Standing 
Committee on Theological 
Seminaries, 1893. Approval 
withheld 463 

4. Reorganization recom- 
mended, Committee of Visi- 
tation appointed. The semi- 
nary restored to full stand- 
ing 463 

5. Report of the Special Com- 
mittee to visit Lane, 1895. . .464 

6. Final report of the Special 
Committee to visit Lane, 
1896 465 

7. Answer of the trustees to 
the Assembly,, 1895 466 

8. Answer of the trustees, 
1896 466 

9. Answer of the trustees, 1897.466 
10. Action of the Assembly, 

1897 468 



v. Union Theological Semi- 
nary 468 

1. The agreement of 1870 . . .468 

2. The veto of Prof. Charles 
A. Briggs, D.D 468 

3. Report of Committee of 
Conference, 1892 469 

4. Agreement recognized as 
binding 469 

5. Paper adopted by the joint 
conference, 1892 469 

6. Report of Union Seminary 
on the status of Prof. Briggs, 
1892 470 

7. Request of Union Semi- 
nary for the annulment of 
the agreement of 1870 470 

8. The Assembly declines to 
break the agreement of 1870.470 

9. The Assembly proffers 
arbitration 471 

10. Report on arbitration, 
1893 471 

11. The resolution of the direc- 
tors, May 16, 187C, rescinded, 
and the arrangement be- 
tween the Union Theologi- 
cal Seminary and the Gen- 
eral Assembly alleged to be 
terminated 472 

12. Action of the Assembly, 
1893. All responsibility for 
teaching disavowed. Re- 
ports declined 473 

13. The Board of Education 
enjoined to aid such students 
only as are in attendance 
upon seminaries approved by 
the Assembly 475 

14. Action of the directors on 
the Assembly's plan of 1894.475 

15. Action of the Assemblv, 
1896 '..475 

vi. Danville Theological 
Seminary 476 

1. Plan as amended by the 
Assembly, 1873 476 

2. Charter 486 

3. Action of the Assembly of 
1873 489 

4. Answer of the Board of 
Directors, 1894 489 

5. Answer of the Board of 
Trustees, 1894 490 

6. Action of the Assembly, 
1895 491 

vii. The McCormick Theo- 
logical Seminary 491 

1. Constitution 491 

2. Charter and supplements. 495 

3. Relations to the General 
Assembly 499 

4. Answer of the McCormick 
Boards, 1895 499 

5. Answer of the Board of 
Directors, 1896 500 



FORM OF GOVERNMENT. 



XXV11 



6. Answer of the Board of 
Directors, 1897 500 

7. Answers of the Assembly.501 
viii. Blackburn University . . .501 

1. History of relation to the 

General Assembly 501 

ix. San Francisco Theological 
Seminary 502 

1. Revised plan 502 

2. Action on the Assembly's 
plan of 1894 508 

x. German Theological School 
of the Northwest 510 

1. Articles of incorporation. .510 

2. Action on the Assembly's 
plan of 1894 512 

xi. German Theological 
School of Newark, N. J .... 512 
1. The charter 512 



2. Supplement 513 

3. Constitution 514 

4. Action on Assembly's plan 

of 1894 516 

xii. Lincoln University 516 

1. The charter 516 

2. Supplements to the charter 517 
Amendments, 1897 519 

3. Action on the Assembly's 
plan, 1894 519 

xiii. Biddle University 520 

1. The charter 520 

xiv. Presbyterian Theological 
Seminary at Omaha 522 

1. Articles of incorporation. .522 

2. Act of Legislature of 
Nebraska 523 

3. Action of Board of Direc- 
tors, 1895 524 



Chapter XIII. 



Of Electing and Ordaining Ruling Elders and 
Deacons. 



Section 1. Necessity for regula- 
tions 524 

Section 2. Mode of election. Quali- 
fications 525 

1. Elders must be duly elected 

and set apart 525 

2. The Session may propose 

names to the congregation. .525 

3. A meeting for the election of 

elders can be called regu- 
larly only by the Session, 
or by some higher court . . . .525 

4. Relation of the Session to the 

meeting of the electors 526 

5. The pastor is Moderator ex- 

officio of a meeting to elect 
elders and deacons 526 

6. A superior judicature may 

authorize the meeting 526 

7. The remedy in case the Ses- 

sion refuse to convene the 
congregation is to complain 
to Presbytery 526 

8. Irregularity in call of meeting 

does not necessarily invali- 
date the election 526 

9. Ministers are not eligible to 

the eldership 527 

An exception allowed in the 
case of foreign missionaries. .529 

10. Uniformity in the mode of 

election deemed impractica- 
ble 529 

11. The mode most approved and 

in use may be changed by 
the congregation. Direct 
vote advised 529 

12. The right of the superior judi- 

catory to interfere with the 
mode in use disavowed 530 

13. Who are the electors of ruling 

elders and deacons? 530 



(a) Members not communicants, 
where such is the usage . . . .530 

(&) Only baptized persons al- 
lowed to vote for ruling 
elders 530 

(c) Neither the presiding officer 
nor the Session may dis- 
qualify voters whose stand- 
ing has not been impaired by 
judicial process .531 

(d) Most consonant to our form 
of government that commu- 
nicants only be the electors. 531 

(e) No distinction to be made as 

to the age of elector 531 

(/) The roll of members is the 

list of voters 531 

(g) Two-thirds vote recom- 
mended in some cases 532 

14. All office-bearers must faith- 

fully accept the Standards. .532 

15. Mode of electing for a term of 

years 532 

16. No authority for the election 

and ordination of deacon- 
esses 532 

17. Systematic training of women 

workers commended 532 

Sections 3-5. Mode of ordination.. 533 

1. Mode of ordination. Laying 

on of hands approved 534 

2. Ordination essential to the 

validity of the judicial acts 
of an elder 534 

3. Irregularity in mode of elec- 

tion does not invalidate 
ordination 534 

4. Installation required on re- 

suming the office 534 

5. An elder who has removed or 

resigned, if reelected, must 
be again installed 535 



XXV111 



SYLLABUS. 



6. Mode of installation of an 

elder already ordained 535 

Section 6. Perpetuity of office . . . .535 

1. Perpetuity of the office 

affirmed 536 

Length of service left to the 
decision of the church 536 

2. Restoration to church privi- 

leges does not restore to the 
eldership 536 

3. An elder without charge can 

sit in no church court 537 

Section 7. Withdrawal from ser- 
vice 537 

1. Elders who cannot acquiesce 

in the decisions of the 
superior courts should re- 
sign 537 

2. Elders may cease to act in 

order to promote the peace 
of the church 537 

3. The superior court directs an 

elder to cease to act 538 

4. The Presbytery without the 

request of the Session or of 
the members of the church, 
may declare that an elder 
shall cease to act 538 

5. If a member of Session be un- 

acceptable, and the matter 
cannot be arranged by con- 
sent, the proper step is to 
memorialize Presbytery 538 

6. Resignation of an elder or 

deacon to be tendered to 
the Session, and to take effect 
when accepted 538 



7. The removal of suspension 

restores all rights and privi- 
leges to an elder 538 

8. When an elder resigns, the 

Presbytery is not competent 
to order his restoration 539 

9. The official relations of an 

elder to his church terminate 

with his dismission 540 

Section 8. Term service 541 

1. Elders not reelected on the 

adoption of term service 
cease to be acting elders in 
that particular church. .... .541 

2. When reelected, should be re- 

installed 541 

3. The above not retroactive, 

and does not invalidate the 
action of the Session 541 

4. Reinstallation of a reelected 

elder not essential to the 
validity of his office, but is 
more orderly 543 

5. One or two elders may be 

elected under Sec. 8 542 

6. In introducing term service, 

one or more classes may be 
elected for less than three 
years 542 

7. The term must be three years 

and the classes three . .*. 543 

8. Elders not reelected under 

this section may be dele- 
gates to the superior judi- 
catories 543 



Chapter XIV. 



Op Licensing Candidates or Probationers to Preach 
the Gospel. 



Section 1. Need for probation . . . .543 

1. Preaching without licensure 

condemned as irregular . . . .543 

2. On the licensing and ordain- 

ing of women to preach the 
Gospel 544 

3. Women may not fulfill the 

offices of public preachers . .544 
The above reaffirmed 544 

4. The Board of Education 545 

Section 2. Presbytery with which 

connected 545 

1. The usage under the Synod, 

prior to the adoption of the 
Constitution 545 

2. Licensure by bodies other 

than those within whose 
bounds the candidate ex- 
pects to labor disapproved. .545 

3. Candidates should be placed 

under the care of Presbytery 546 

4. Instructions to the Presbytery 

of New York in the case of 
theological students pur- 



suing studies in certain 
theological seminaries 546 

5. The above action explained 

and reaffirmed ; does not 
relate to the licensing of 
candidates 547 

6. The above action (4 and 5) 

universal in application 548 

7. Careful supervision to be ex- 

ercised both in receiving 
candidates and over their 
studies 548 

8. No candidate to be received 

by the Board until he has 
been a church member one 
year, and passed classical 
studies for one year 549 

9. Candidates must connect 

themselves with the Presby- 
tery to which they naturally 

belon g 549 

Should retain their connection 
with that Presbytery 549 



FORM OF GOVERNMENT. 



XXIX 



Exceptional case where no 
Presbytery exists 549 

10. A mission has no authority to 

license or ordain 549 

11. Deliverance on the relation 

sustained by students who 
have been taken under the 
care of a Presbytery to the 
Presbytery receiving them. .550 

12. The Assembly's power over 

the education of students. 
Presbyteries directed to 
supervise 551 

13. Presbyteries to choose semi- 

naries, etc., for all students. 552 

14. Rules of the Board of Educa- 

tion in relation to students.. 552 
Section 3. Testimonials 552 

1. A liberal education required. .552 
To keep pace with the progress 

of society and of letters 552 

Letter to David Rice on thorough 
literary training for the 
ministry 553 

2. Liberal education waived in 

certain cases 553 

Case of John Griffith 553 

Case of John Gloucester, a 

colored man . .553 

3. Great caution prescribed in 

exceptional licensures 553 

4. In what cases aid shall be 

withdrawn 553 

5. A candidate must be a mem- 

ber of some particular Pres- 
byterian church 554 

Section 4. Examination of candi- 
dates 554 

1. The "Latin Exegesis" not 

stricken out 554 

2. Presbytery has discretion as 

to a substitute 555 

3. Examination in the English 

Bible mandatory (Constitu- 
tional Rule No. 2) 555 



Section 5. Examination continued555 
1. Examination in the Cate- 
chisms recommended 555 

Section 6. Academic and theologi- 
cal studies 555 

1. Effort to extend the time of 

study to three years 555 

Rule of a lower judicature un- 
constitutional 556 

Overture sent down, but not 
adopted 556 

2. Full term of three years 

urgently recommended 556 

3. A pledge to a three years' 

course not unconstitutional. 556 

4. Regulations as to extraor- 

dinary cases. 557 

Section 7. Manner of licensure . . .557 
1. Form for licensure of local 

evangelists 557 

Section 8. Form of licensure 557 

1. Record of licensure may be 

made in " like form " 558 

Section 9. Candidate removing out 

of bounds 558 

Section 10. Licentiate removing out 

of bounds . . .558 

Section 11. Recalling of license.. .559 

1. Limitation of the time to 

which a license may extend 
to four years 559 

2. Length of license of local 

evangelists 559 

3. The above rule does not 

abridge the power of the 
Presbyteries to license in 
extraordinary cases 559 

4. Discretion of the Presbytery 

in granting and recalling 
licenses ^560 

5. Licentiates belong to the laity 

and are subject to the Ses- 
sion 560 

6. A licentiate may solemnize 

marriage if authorized by law561 



Chapter XV. 



Op the Election and Ordination of Bishops or Pas- 
tors, and Evangelists. 



Section 1. Meetings for election of 

pastors, how called 561 

1. Steps to be taken by a vacant 
congregation looking to the 

election of a pastor 561 

Section 2. Minister to assist 563 

Section 3. Notice of election 563 

Section 4. Procedure at election . .563 
1. Who may vote in the elec- 
tion of a pastor 563 

(a) Action of the General Pres- 
bytery, 1711 563 

(b) The presiding officer may 
not disqualify voters whose 
standing has not been im- 
paired by judicial process. . .563 



(c) Right of voting not limited 
to communicants unless ex- 
pressly so declared 563 

(d) Overture confining the vote 
to communicants not adopt- 
ed 564 

(e) All communicant members 
have right to vote in electing 

a pastor ^564 

(/) Members of the congrega- 
tion who contribute to the 
support of the church en- 
titled to vote in the election 

of a pastor 564 

(g) Authoritative lists of voters. 565 
Section 5. Majority and minority.. 565 



XXX 



SYLLABUS. 



Section 6. Form of call 565 

1. Early action. Glebe and 

parsonage recommended . . .565 

2. Adequate provision to be 

urged 566 

3. Liberality in the support of 

the ministry urged 566 

4. Presbytery may refuse to in- 

stall when the salary is in- 
sufficient 567 

5. Congregation urged to pro- 

cure parsonages 567 

Section 7. Subscription to call. . . .568 

Section 8. Installation 568 

1. Installation of pastors-elect in- 
sisted on, and none to be 
designated as P. E. whose 
call has not been regularly 
acted on. Who may not be 

reported as P. E 568 

Section 9. Presbytery and the call. 568 
1. The Presbytery may refuse 

to permit a call 569 

Complaint of the Rev. Mr. 

Edgar 569 

Section 10. Call to licentiate of an- 
other Presbytery 569 

Section 11. Trials for ordination. .569 
1. Ordination on the Sabbath 
discouraged, but at the dis- 
cretion of the Presbytery. . .570 
Section 12. Questions to candidate 

at ordination 570 

1. The assent embraces the 

Larger and Shorter Cate- 
chisms 571 

2. Ordination by a commission 

unconstitutional 571 



Section 13. Questions to people at 

ordination 571 

Section 14. Form of ordination . . .571 

1. Lay ordination invalid 572 

2. Elders not to participate in 

the ordination of ministers 
by the laying on of hands. .572 

3. An elder, being moderator 

of Presbytery, cannot pre- 
side at the ordination of a 
minister, nor propound the 
constitutional questions, nor 
take part in the laying on of 
hands of the Presbytery, nor 
make the ordaining prayer.. 572 

4. The part which ministers of 

other bodies may take in or- 
dinations and installations. .573 
Section 15. Ordination of evange- 
lists 573 

1. Ordination as an evangelist 

to labor in feeble churches. .573 

2. Ordination of a licentiate 

who proposed to continue 
teaching 573 

3. Presbyteries should not or- 

dain the candidates of other 
Presbyteries 573 

4. Ordination sine titulo 574 

5. Ordination sine titulo. Over- 

ture on, rejected 574 

6. Censure of Synod for ordina- 

tion sine titulo not sustained. 575 

7. Missionaries may not ordain 

ministers 575 

8. Nor organize a church with- 

in the limits of a Presbytery 
without its leave 575 



Chapter XVI. Of Translation, or Removing a Minister from One 
Charge to Another. 



Section 1. Translation only by 

Presbytery 575 

1. Removal without consent of 

Presbytery 575 

Section 2. Mode of translation in 

same Presbytery 575 

1. Consent of parties may 
shorten process 576 



Section 3. Mode of translation in 

another Presbytery 576 

1. Pastor and church must be- 
long to the same Presbytery.576 

Sections 4-7. Manner of installa- 
tion 576 



Chapter XVII. Of Resigning a Pastoral Charge. 



1. Whether the relation shall be 

dissolved at the meeting 
where the request is made, 
left to the discretion of the 
Presbytery 578 

2. If the parties are agreed, the 

relation may be dissolved at 
the first meeting 578 

3. A pastoral relation ceases 

with the action -of the Pres- 
bytery dissolving it, when 
no other time is designated.. 578 

4. A meeting of the congrega- 

tion without the presence 



and cooperation of the pas- 
tor is valid, he having re- 
quested the dissolution .. .578 

5. Where a Synod, on appeal, 

dissolves the pastoral rela- 
tion on petition of a minority, 
it is sustained 579 

6. The rule should be strictly 

observed and enforced 580 

7. Presbytery may dissolve a 

pastoral relation without a 
meeting of the congregation 
being held 580 



FORM OF GOVERNMENT. 



XXXI 



Chapter XVIII. Of Missions. 



1. The Standing Committee of 

Missions appointed 581 

2. The Board of Missions 582 

3. Enlargement of powers 583 



4. Synodical sustentation 583 

5. Presbyterial oversight of va- 

cant churches 584 



Chapter XIX. Of Moderators. 



Section 1. Need of Moderator . . . .584 
Section 2. Powers of Moderator . .584 

1. The Vice-Moderator 584 

2. The Moderator not necessa- 



rily a member of the judica- 
tory 584 

Section 3. Who may be Moderator. 5s5 



Chapter XX. Of Clerks. 



1. The term of service of their 
Stated Clerks is at the discre- 
tion of the several judicato- 
ries 586 



2. The Clerk not necessarily a 
member of the j udicatory . . . 586 



Chapter XXI. Of Vacant Congregations Assembling for Public 

Worship. 



Vacant congregations to meet 
for worship on the Lord's 
Day 587 

Elders of vacant congrega- 
tions should be interrogated 
as to the observance of this 
rule 587 



3. Right of ruling elders, in the 

absence of the pastor, to ex- 
plain the Scriptures and to 
exhort 587 

4. Presbyterial oversight of va- 

cant churches 588 



Chapter XXII. Of Commissioners to the General Assembly. 



Section 1. Time for appointment,. 588 

1. The rule not enforced in the 

case of missionary Presbyte- 
ries 588 

2. No election through the Pres- 

bytery failing to meet 589 

3. Commissioner enrolled on 

petition of members of his 
Presbytery 590 

4. Commissioners from new 

Presbyteries 590 

5. Commissioners, not ruling 

elders, under the Plan of 
Union 591 

6. Commissioners should attend 

to the close of the Session.. 
Presbyteries to call their 
commissioners to account.. .591 

7. A commissioner, havin g taken 

his seat, may not resign it 
to his alternate or principal. 592 

8. Rule dispensed with under 

peculiar circumstances 593 

9. The right of alternates to sit 

is at the discretion of the 
judicatory 594 

10. At an adjourned meeting alter- 

nates enrolled 594 

11. Ratios and excess of represen- 

tation 595 

12. Ruling elder need not be a 

member of the Presbytery. .595 



13. Ruling elders who have been 

dismissed from the church 
in which they served, to an- 
other, cannot be elected. . . .595 

14. Power to expel commissioners. 595 
Section 2. Commissions 595 

1. The rule must be complied 

with. A certificate of ap- 
pointment is not a commis- 
sion 595 

2. Irregularities and defects in 

commissions, commissioners 
received. The usage 596 

3. Some evidence of appoint- 

ment necessary 597 

4. The Assembly will not go be- 

hind a commission .597 

5. Assembly's Permanent Com- 

mittee on Commissions 597 

6. Advisory members 597 

7. Corresponding members 598 

(a) Officers of the Assembly. . .598 
(&) Secretaries of the Boards.. .598 
(c) Delegates from correspond- 
ing bodies. Ministers casu- 
ally present are not 598 

Section 3. Provision for expenses. 598 

1. The Commissioners' Fund. 

Former plans 598 

2. Mileage and Contingent 

Funds 598 

Entertainment Fund 600 



XXX11 



SYLLABUS. 



When the apportionment should 
be forwarded to the Stated 

Clerk 600 

3. None of the church judicato- 
ries have power to assess a 
tax upon the churches 600 

Chapter XXIII. Of Amendments 

Sections 1-7 602 

1. Duty of the Stated Clerk in 
reference to answers to over- 



Stated Clerk authorized to 
pay additional bills 601 

Power of the Assembly over 
these funds 601 



tures. Committee of Can- 
vass, and action of the As- 
sembly 602 



PART IV. THE BOOK OF DISCIPLINE. 



[Chapter I. Op Discipline : Its Nature, Ends, and Subjects. 



Section 1. Definition of discipline. 604 
Section 2. The ends of discipline. .604 

1. Prompt discipline best fitted 

to secure a happy issue 604 

2. The censure must be propor- 

tionate to the offence. Sen- 
tence reversed where the 
censure was too severe 604 

3. The decisions of the civil 

courts not conclusive in the 
judicatories of the Church. 
Every member of the Pres- 
byterian Church entitled to 
a fair trial according to the 
methods of his church, be- 
fore condemnation 605 

4. Great tenderness enjoined . . .606 
Section 3. An offence defined 606 

I. Doctrine 606 

II. Morals 606 

1. Breach of Sabbath observance. 606 

2. Theatrical exhibitions and 

dancing condemned 607 

3. Popular amusements in gen- 

eral 609 

4. Card -playing and games of 

chance. The dance and the 
theatre. Progressive euchre. 612 
The theatre and the opera 612 

5. Gambling, lotteries, horse- 

racing, betting, etc 615 

6. Duelists excluded from church 

privileges. Ministers should 
not attend the funeral of a 
fallen duelist 617 

7. Slavery and slaveholding 617 

8. On the lynching of Negroes. .617 

9. Intemperance 618 

10. Total abstinence from the use 

of wines, liquors, etc., urged 619 

11. Manufacture and traffic in 

ardent spirits condemned. . .621 

12. The manufacture and sale of 

intoxicating drinks an 
offence... 621 



Those engaged in the manu- 
facture or traffic in intoxi- 
cating liquors should not be 
received or retained in the 
church 624 

13. Prohibitory laws 624 

14. Against the manufacture and 

sale of intoxicating liquors 
and renting property for 
such uses 625 

15. The "saloon," licensed or 

unlicensed, a curse to our 
land 626 

16. The Presbyterian Woman's 

Temperance Association in- 
dorsed 626 

17. The deliverances of the past 

eighty years to be printed . .626 

18. Temperance training and edu- 

cation for the young 627 

19. Men of intemperate habits 

and official position 627 

20. Political parties and licenses. 628 

21. Temperance Sabbath 628 

22. Communion wine 628 

23. Permanent Committee on 

Temperance.. 628 

24. Relation of temperance and 

other moral societies to the 
Church 628 

25. Temperance delegates 630 

26. Purity in literature and art . .6 30 

27. Cruelty to animals 630 

Section 4. The Holy Scriptures 

and offences 631 

1. New terms of communion 

cannot be sanctioned 631 

2. Each case must be judged by 

its own circumstances. .631 

3. Sins forbidden in the Ten 

Commandments, Larger 

Catechism 632 

Section 5. Church membership of 

children 634 



BOOK OF DISCIPLINE, 



XXX111 



Chapter II. Of the Parties in Cases op Process. 



Section 6. Prosecutor necessary. . .635 

Section 7. Evidence necessary to 

process 635 

Section 8. Reconciliation in private 

cases 635 

1. No testimony may be intro- 
duced injurious to parties 
not on trial 635 

Section 9. Private conference 636 

Section 10. Prosecutor in public 

cases 636 

Section 11. Prosecuting Committee636 
1. The right of the Prosecuting 
Committee to appeal and to 
conduct the prosecution as 
representing an original 
party maintained 637 

Section 12. Investigation of slan- 
der 637 



1. Such investigation is at the 
discretion of the Presbytery, 
subject to review as to mis- 
use or abuse ... 638 

Section 13. Caution as to accusa- 
tions 638 

1. Admonition to prosecutors. . .638 
Section 14. Censure on rash prose- 
cutor 639 

1. Failure to show probable 

cause for charges, involves 
censure for slander 639 

2. The character of one absent 

and not on trial not to be 
impeached 640 

3. Censure for slander may not 

be inflicted upon a private 
prosecutor unless the case be 
fully issued 640 



Chapter III. Op Charges and Specifications. 



Section 15. Contents of charges 

and specifications 640 

1. The charge must be specific. .640 

2. All charges in cases cf heresy 

must be as definite as pos- 
sible 641 



Section 16. Number of charges and 

votes 641 

Section 17. Proof of attempted rec- 
onciliation 641 



Chapter IV. Of Process : General Rules Pertaining to all Cases. 



Section 18. Original jurisdiction. .642 
Section 19. Procedure at first meet- 
ing 642 

1. Censure without trial is un- 

constitutional 642 

2. A judicatory may not suspend 

a minister without trial 642 

3. Censure upon an absent per- 

son without citation disap- 
proved 642 

4. Exclusion from the pulpit or 

from communion may not be 
without trial and conviction. 643 

5. The accused may not be re- 

quired to declare what he 
expects to prove by his wit- 
nesses 643 

Section 20. Service of citations 643 

Section 21. Procedure with absen- 
tees 643 

1. Contumacy not to be hastily 

inferred. One may excuse 
himself by letter 643 

2. Contumacy not to be charged 

on first citation 644 

3. Contumacious person may be 

restored on submission 644 

4. To proceed in the absence of 

the accused without a second 
citation irregular ; but the 
right to complain waived by 
appearing afterward and 
pleading 644 

C 



5. In the absence of the accused, 

counsel must be assigned . . .645 

6. When the judicatory has 

taken the testimony as 
above, it may proceed to 
trial and final judgment as 
if the accused were present.. 645 

Section 22. Procedure at adjourn- 
ed meeting 650 

1. Judicial cases should be con- 
tinued without interruption. 650 

Section 23. Procedure continued. .651 

1. The withdrawal of parties, 

counsel, etc., construed lit- 
erally 651 

2. Exclusion cf stenographer of 

the accused questionable . . .652 

3. Testimony not on record ad- 

mitted by consent 652 

Section 24. Record of the case 652 

1. Everything influencing the 

judgment of the judicatory 
must be spread upon the 
records 653 

2. Minutes of interlocutory meet- 

ings in judicial cases should 
be recorded ; also report of 
judicial committee in the 
case 653 

3. Reasons not recorded and 

records deficient. Case re- 
manded 653 

Section 25. Exceptions 654 



XXXIV 



SYLLABUS. 



Section 26. Counsel 654 

1. Counsel assigned by request 

of the parties 654 

2. No one not a member of the 

judicatory may act as counsel. 654 

3. Professional counsel under all 

circumstances excluded 655 

Section 27. Questions of procedure. 655 

Section 28. Voters. Calling of roll. 655 

1. By consent, members who 

had been absent for brief 

periods allowed to vote 655 

Section 29. Copies of the record 

and transmission 655 



1. Appellants entitled to a copy 

of the sentence 655 

2. The records of church judica- 

tories are public documents. 655 

Section 30. Forms of censure 656 

Section 31. Private sessions 656 

Section 32. Suspension of accused 

pending trial 656 

1. The accused may be suspend- 

ed pending the issuing of 
the case 656 

2. Suspension from the ministry 

during process 656 

3. Suspension from privileges of 

membership 657 



Chapter V. Special Rules Pertaining to Cases Before Sessions. 



Section 33. Contumacy 657 

Section 34. Kinds of censure 657 

1. Censure is not to be removed 
without evidence of repent- 



ance 657 

2. Deposition and excommuni- 
cation are distinct acts 657 

Section 35. Publication of sentence. 658 



Chapter VI. General Rules Pertaining to the Trial op a Minis- 
ter, Elder, or Deacon. 



Section 36. Honor of the ministry. 658 
Section 37. Offences committed in 

distant places 658 

1. Discipline of a minister can 

be only by his own Presby- 
tery ".658 

2. Even when non-resident . . . .658 

3. Boards have no authority to 

sit in judgment on ministers. 659 

4. Discipline by Boards of Mis- 

sions, etc., not recognized. .659 

5. Ecclesiastical power of a mis- 

sion 659 

6. Duty of a Presbytery to give 

notice of an offence 659 

7. A suspended licentiate can be 

restored only by the Presby- 
tery which suspended him. 
Another may take testi- 
mony 660 

8. Such Presbytery has no power 

to try, but only to take tes- 
timony 660 

Section 38. Contumacy 660 

Section 39. Judicatory may with- 
draw rights of accused 660 

Section 40. Form of sentence 660 

1. Sentence may be passed on 

confession 660 

A suspended minister may not 
exercise any function of the 
ministry 661 



2. 



3. Does not rank as a " common 

Christian in good standing ".661 

4. The name of a suspended 

minister is to remain upon 

the roll 661 

Section 41. Heresy and schism 661 

Section 42. Acts of infirmity 661 

Section 43. Restoration 661 

1. One Presbytery may not re- 

store a minister deposed by 
another 662 

2. Restoration of a deposed min- 

ister conditioned on conduct 
under sentence 662 

3. The Assembly recommends 

restoration, the ends of dis- 
cipline being gained 663 

4. When the names of deposed 

ministers are to be pub- 
lished 663 

Section 44. Effect of sentences 663 

1. A minister who has been de- 
posed returns to the condi- 
tion of a private member, 
and must be reordained if 
restored 664 

Section 45. Suspension pending 

trial 664 

Section 46. Provisions applicable 

to elders and deacons 664 



Chapter VII. Of Cases without Process 

1 



Section 47. Self-accused persons. .664 
Section 48. Members declining 

communion 665 

Section 49. Absentee communi- 
cants 665 



When one whose name is 
erased may be received by 

another church 665 

Section 50. Communicant neglect- 
ing ordinances 665 



BOOK OF DISCIPLINE. 



XXXV 



1. Willful absenting one's self 

from the ordinances of God's 
house is an offence 665 

2. Disagreement with a pastor 

no excuse for willful ab- 
sence 666 

3. Discipline enjoined for will- 

ful absence 666 

4. Excommunication may not 

be without trial 666 

Section 51. Demission of the min- 
istry 667 

Section 52. Communicant with- 
drawing irregularly 667 

Section 53. Minister withdrawing 

irregularly 667 

1. To strike from the roll the 
name of a minister with- 
drawing while under investi- 



gation, is unconstitutional 
and void 667 

2. A minister's name may not 

be stricken from the roll, 
except by his consent, or by 
discipline, or by his having 
recognized some other juris- 
diction, or by becoming in- 
dependent 668 

3. Those who entertain views 

irreconcilable with our 
Standards urged to with- 
draw 668 

4. Names of ministers whose 

residence is unknown to be 
kept on a reserved roll 668 

5. Minister absent and residence 

unknown, stricken from the 
roll without prejudice to 
ministerial standing 669 



Chapter VIII 

Section 54. Care as to testimony. .669 
Section 55. Competent witnesses .669 

1. A prosecutor may testify 669 

Section 56. Credibility of witnesses669 
1 . The credibility of a witness to 
be determined by the judi- 
catory 669 

Section 57. Married persons 670 

1. Husband and wife are compe- 
tent witnesses in the same 

case 670 

Section 58. Kinds of evidence and 

number of witnesses 670 

1. When one of two specifica- 

tions of a charge is proved 
the charge itself is proved. .670 

2. When the offence charged is 

not sustained the verdict 

should be " not guilty" 671 

Section 59. Exclusion of witnesses672 
Section 60. Examination of wit- 
nesses 672 

Section 61. Oath or affirmation.. 672 

1. The authority for administer- 

ing a judicial oath 672 

2. Testimony should be under 

oath aucl recorded . ... .673 
Section 62. Record of testimony . .673 
Section 63. Records are evidence .673 
Section 64. Testimony valid in all 

judicatories 673 

Section 65. Commission to take 

testimony 673 

Section 66. Members of judicatories 

as witnesses 673 



Of Evidence. 

1. A member of the judicatory 
required to testify ; to refuse 

is contumacy 674 

Section 67. Contumacious wit- 
nesses 674 

1. A minister cited to testify be- 
fore a Session 674 

Section 68. New evidence 674 

1. New trial may be had on the 

allegation of new testimony. 674 

2. If the judicatory refuse to 

grant a new trial upon the 
allegation of neAv testimony 
a complaint will lie 675 

3. Appeal remitted for new trial 

on new testimony 675 

4. A superior judicatory may 

not order a new trial with- 
out the allegation of new 

testimony 675 

Section 69. New evidence 675 

1. On the ground of new testi- 

mony, the case referred 676 

2. The fact and importance of 

new evidence must be 

shown 676 

On examining the new testi- 
mony the decision affirmed.. 676 

3. The Assembly, afier investi- 

gation, refuses to refer the 
case, despite alleged new 
testimony, or to grant any 
further judicial trial 677 



Chapter IX. Of the Ways in which a Cause may be Carried from 
a Lower to a Higher Judicatory. 



Section 70. Extent of review 677 

1. A judicial case can come be- 
fore the Assembly only in 



some one of the above men- 
mentioned ways 678 



XXXVI 



SYLLABUS. 



I. Of general review and 

CONTROL. 

Section 71. Proceedings of the 
church. Frequency of review. 678 

1. The incorporation of church 

proceedings is mandatory. 
Explanation of the meaning 
of this rule 678 

2. The incorporation in Session 
records of the minutes of the 
Board of Deacons is discre- 
tionary 679 

3. Annual review of the records 
of all the judicatories re- 
quired 679 

4. The Synods required to send 
up their records annually. . .679 

5. After records have been ap- 
proved corrections can be 
made only by recurrence to 
the judicatory approving . . .680 

6. Leave given to correct the 

record on error shown 680 

7. A minute recording a fact 
can be amended or stricken 
out only by a unanimous 
vote or by reconsideration 

of the original action 680 

8. A case judicially issued may 
be reviewed 680 

9. Copies of original records 
accepted in certain cases 681 

10. Records in print must con- 
form to the requirements.. . 681 
Section 72. Purposes of review. . .681 
i. Whether the proceedings are 
correctly recorded 681 

1. Omitting to record the open- 
ing and closing with prayer.681 

2. Failing to record absentees. 681 

3. Churches not represented 
must be recorded 682 

4. The roll should be called 
prior to adjournment 682 

5. The narrative of the state of 
religion to be recorded 682 

6. Cases acted upon must be 
described, and the disposal 
made of them indicated 682 

ii. Whether they have been con- 
stitutional and regular 683 

1. Unconstitutional and irregu- 
lar proceedings 683 

2. A Synod may not institute 
and prosecute judicial pro- 
ceedings 683 

3. A Synod may not refuse to 
receive the members of its 
Presbyteries 683 

4. A superior judicatory may 
not compel an inferior court 
to reverse its decision, with- 
out assigning specific rea- 
sons 684 

5. The reasons assigned are 
subject to review 684 



6. Censure without due exami- 
nation condemned 684 

7. No second approval of the 
minutes necessary 684 

iii. Whether they have been 
wise, equitable, and for the 
edification of the Church. . .685 

1. The lower judicatories must 
respect the decisions of the 
superior 685 

2. Synods censured for insub- 
ordination and disrespect . . . 685 

3. Irregularities recited and 
animadverted on. Com- 
plaint will lie against de- 
cisions not judicial. Action 
insufficient and unjust. A 
member of the court may 
be called as a witness. Min- 
utes should be approved be- 
fore adjournment 686 

4. Approval of the minutes 
does not affect the right of 
appeal or complaint against 
any action taken 687 

5. The approval of the minutes 
does not validate all action 
had 687 

6. Review and control does 
not extend to statistical 
items in Session records. . . .688 

7. Nor to the agreement of the 
action of Sessions with Pres- 
byterial rules for Sessions, 
not warranted by the Con- 
stitution 688 

8. Action modified or reversed 
by the reviewing judicatory 
may be excepted to .688 

Section 73. Voters on review. . . .688 

1. Cases cited 688 

Section 74. Action in review . . . .688 

1. The Assembly may not re- 
verse the judicial acts of a 
former Assembly, except in 
case of manifest injustice . . . 689 

2. But will correct error when 
shown to exist 689 

3. The Assembly, on memorial, 
and error proven, revokes 
its action and remands the 
case 690 

4. Exceptions must be recorded 
by the judicatory excepting. 690 

5. Irregular and injurious pro- 
ceedings censured. Reasons 
for discipline must be given. 691 

6. Judicial decisions may not 
be reversed on review, but 
must be respected until 
passed upon b}^ the superior 
judicatory 691 

7. On review a Synod is directed 
to review and correct its 
proceedings 691 



BOOK OF DISCIPLINE. 



XXXV11 



Section 75. Unconstitutional pro- 

ceedin gs of lo wer j udicatory 692 

Section 76. Neglect of duty by 

lower judicatory 692 

1. Citation of judicatories on 
review or on advice 692 

II. Of refekences. 
Section 77. Definition of refer- 
ence 692 

1. Reference is voluntary 693 

Section 78. Subjects of references693 

1. Cases in which references 
have been entertained 693 

2. When the review of a de- 
cision without new testi- 
mony is desirable, the case 
should be referred to the 
next higher judicatory 693 

Section 79. Objects of references. 694 

1. Reference. Disposal of the 
Barnes case 694 

2. When reference has been 
made the judicatory refer- 
ring can regain jurisdiction 
only by the action of the 
superior judicatory 695 

3. Reference must be carried 
to the next higher judica- 
tory 696 

Section 80. Voters on references. 696 
Section 81. Higher judicatory 

may remit references 696 

1. A memorial treated as a 

reference 696 

Section 82. Transmission of 

record 696 

1. Testimony attested by the 
Moderator and Clerk suffi- 
cient 696 

2. A superior judicatory may 
entertain a reference which 
is not accompanied by the 
testimony and proceed itself 

to take it 697 

III. Of complaints. 
Section 83. Definition of com- 
plaint 697 

1. Complaints by judicatories. .697 

2. The distinction between an 
appeal and a complaint 
must be observed 697 

3. The same matter may be the 
subject both of appeal and 
complaint 698 

4. Complaint not allowed 
against a judicatory for 
obeying the orders of the 
superior judicatory 698 

5. Complaint not allowed 
against advice given on 
memorial 698 

6. Complaint not allowed 
against a refusal to adopt a 
proposed paper 698 

7. Complaint not allowed 



against an opinion expressed 
by the superior judicatory. .702 

8. Nor against a judicatory for 
the exercise of its discretion. 702 

9. Discretion is reviewable as 

to its abuse or misuse 702 

10. Complaint not allowed in a 
case already decided by the 
Assembly 703 

11. Nor against a decision of the 
Moderator unappealed from 

at the time 703 

12. Nor from the decision of a 
commission not yet con- 
firmed 704 

13. Nor where the action com- 
plained of does not con- 
travene the doctrine or the 
Constitution of the Church. 704 

14. Nor where there is do suffi- 
cient ground of complaint. .705 

15. Nor where the complainant 
is not subject and submit- 
ting to the judicatory com- 
plainedof 705 

16. Nor in a case of mere review 

of records 705 

17. Nor against the refusal to 
read the printed minutes... .706 

18. Nor against postponement 
of action on a report of a 
Committee 706 

19. Complainant has have to 
withdraw with or without 
reasons 706 

20. Withdrawal of complaint 
may have the same effect as 
its dismissal 707 

21. Leave to withdraw, the end 
desired being accomplished. 707 

22. Complainants have leave to 
withdraw because : 1 . The 
proceedings of a civil court 
are not conclusive as against 
the ecclesiastical; 2/ Trial 
by a commission is not 
ground of complaint ; 3. In- 
formality in the decision 
does not invalidate the re- 
sult intended to be reached. 707 

23. Complaints dismissed and 
leave to withdraw, because, 
1. Of the indefiniteness of 
the complaints, and 2. That 
the matters should be left to 
the wisdom and discretion 

of the Synod ....709 

24. Leave to withdraw on re- 
quest of the parties 710 

25. Complaint dismissed because 
no parties were aggrieved . .711 

26. Complaint dismissed as not 
in due form. To strike from 
the roll without notice or 
citation disapproved 711 



XXXV111 



SYLLABUS. 



27. Subject matter of complaints 
entertained - 711 

28. Complainants satisfied by- 
conference and leave to 
withdraw 713 

Section 84. Notice and records. .714 

1. Reasons as well as notice 
must be given 714 

2. Notice and reasons must be 
given within ten days after 
the action is taken 714 

3. Complaint dismissed when 
no notice has been given. . .714 

4. Complaint against the ac- 
tion of a judicatory can law- 
fully be signed only by those 
who signed it, or gave no- 
tice of their intent within 
the constitutional limit of 
time 715 

5. Complaint and appeal dis- 
missed as not lodged in time 
and no one appearing to 
prosecute the complaint . . . 715 

6. Dismissed because no notice 

of complaint given 715 

7. Evidence must be furnished 
that notice was given 716 

8. Right to complain lost by 
failure to observe the rules .716 

9. A judicial case once adjudi- 
cated may not be revived on 
memorial 716 

Section 85. Effect of complaint in 

certain cases 717 

Section 86. Lodgment of com- 
plaint 717 

Section 87. Steps in hearing 717 

Section 88. Effect of complaint, if 
sustained 717 

1. The judicatory issuing a com- 
plaint may not decline to 
adjudicate the merits of the 
case, and must observe the 
alternatives of the Book. It 
may not assume original 
jurisdiction 717 

2. Reversal places matters in 
statu quo 718 

3. Does a complaint suspend 
the dissolution of a pastoral 
relation? 718 

4. Censure of the lower j udica- 
tories 718 

5. Complaint sustained and the 
errors of the inferior judica- 
tories detailed 719 

Section 89. Parties in cases non- 
judicial 719 

Section 90. Voters on complaints. 719 

Section 91. Right of appeal 719 

Section 92. Papers and records to 

be sent up 719 

1. In the absence of the respon- 
dent and of the papers in the 



case decision suspended un- 
til the record is produced . .720 

Section 93. Consolidation of ap- 
peal and complaint 720 

IV. Of Appeals. 

Section 94. Definition of appeal. 

Parties 720 

1. The death of the appellee 
bars the prosecution of an 
appeal 721 

2. Appeals limited to judicial 
cases 721 

3. Original parties only may 
appeal, others may com- 
plain 721 

4. Decisions as to original par- 
ties 721 

(a) The person prosecutedand 
the prosecutor 721 

(6) The person claiming to be 
aggrieved and the judicatory 
appealed from 722 

(c) The prosecuting commit- 
tee and the appellee 722 

(d) The appellant and the ap- 
pellee 722 

5. Members of the judicatory 
trying a case are not parties 
in the case and may not ap- 
peal 722 

6. An appeal may be made to 
the next superior judicatory 
by either of the parties to a 
complaint 723 

7. No constitutional provision 
for a second appeal 723 

Section 95. Grounds of appeal . . .723 

1. Appeals have been enter- 
tained and issued for refus- 
ing to permit a call 724 

2. Appeal against an installa- 
tion in the face of a protest .724 

3. Appeal against a refusal to 
obe}^ the superior judicatory. 724 

4. Appeal for refusing to re- 
ceive an applicant 725 

5. Against an order or decision 

of a judicatory 725 

6. An appeal will not lie 
against a judicatory for 
obeying the order of its 
superior 725 

7. An appeal dismissed because 
no evidence is presented to 
sustain the allegation 726 

8. Appeal will not lie against a 
refusal to adopt a paper or 
to determine a constitutional 
question in thesi 726 

9. Nor where a judicatory acts 
within the limits of its power 
and authority 727 

10, Nor where Uie action was 
regular and equitable 727 

11 Nor when the appeal is in- 
definite and general 727 



BOOK OF DISCIPLINE. 



XXXIX 



12. Where no question of doc- 
trine or law is assigned, the 

appeal not entertained 728 

Section 96. Notice and records.. .729 

1. Notice of appeal, with rea- 
sons in writing, must be 
given within ten days after 
judgment 729 

2. Evidence required that no- 
tice has been given 730 

3. When a new trial is granted 
by the superior judicatory, 
notice must be given by the 
appellant of his intent to 
prosecute 730 

4. Failure of the judicatory to 
receive notice does not bar 
the appellant 731 

5. Leave to show that notice 
has been given to the judi- 
catory appealed from 731 

6. On evidence of notice the 
case reinstated 731 

Section 97. Appearance of appel- 
lant and lodgment of appeal. 731 

1. Personal attendance of the 
appellant is not necessary. .732 

2. Where neither the appellant 
nor any one in his behalf 
appears the appeal is dis- 
missed 732 

3. In the absence of the appel- 
lant the judicatory assigns 
counsel 732 

4. In the failure of the com- 
plainant to appear and prose- 
cute, the complaint dismiss- 
ed and defendant sustained. 733 

5. Case continued on satisfac- 
tory reasons given 733 

6. Dismissed as not lodged in 
time 733 

7. Right to appeal lost by de- 
fault of the appellant 734 

8. The appellant must furnish 
the necessary documents. . .734 

9. Deferred in the absence of 
necessary documents 735 

10. Where the appeal was in the 
house in season the rule is 
virtually complied with.... 735 

11. The rule interpreted liber- 
ally where due diligence has 
been used 735 

12. In the absence of records 
through the non-attendance 
of the commissioner, the ap- 
peal received and referred. .736 

13. Where the appeal failed to 
be lodged in due time 
through mistake of the ap- 
pellant, it was entered and 
referred 736 

14. Where the case is continued 
at the request of the appel- 
lant, the sentence remains 



in full force until the case is 
issued 737 

15. Dismissed in absence of the 
appellant, with privilege of 
renewal 737 

16. When an appeal has been 
dismissed in error, the As- 
sembly grant a restoration 
when satisfied of the error. .737 

17. The original rule as to 
abandonment of an appeal ..738 

Section 98. Voters on appeals 739 

1. The Moderator, being a mem- 
ber of the judicatory appeal- 
ed from, will not sit 739 

2. An interested party should 
not sit on a trial 739 

3. Members of the judicatory 
appealed from may not vote. 740 

4. Members of a judicatory ap- 
pealed from may speak on 
postponement . .740 

5. An elder belonging to the 
judicatory appealed from, 
though not a member of the 
judicatory when the case 
was issued, may not sit 740 

6. Ministers who have been dis- 
missed to other bodies be- 
fore the action complained 

of are not excluded 741 

7. A case is remanded where 
members of the judicatory 
appealed from, act in their 
own case .... 741 

Section 99. Steps in hearing ap- 
peal 741 

i. Initiation of proceedings. 

1. The appeal or complaint is 
transmitted to the Judicial 
Committee 742 

2. The Judicial Committee and 
its duties . .742 

3. In the absence of records 
the decision of the appeal 
should be suspended. Parol 
evidence will not supply the 
place of the records 743 

4. The appeal (or complaint) 
found in order 743 

5. The judgment notice of ap- 
peal, etc, read 745 

6. The appeal entertained 745 

ii. Reading the record. 

1. Reading of the documents 
by consent dispensed with. 745 

2. Certified copies distributed 
by consent 747 

3. Matters foreign to the issue 
may by consent be omitted 

in the reading 747 

4. Documents not read may be 
used in pleading 747 

5. Reasons assigned by an ap- 
pellant must be recorded. 
They must be couched in 



xl 



SYLLABUS. 



decent and respectful lan- 
guage .« 748 

iii. Hearing the parties. 

1. Case remanded for new- 
trial because the original 
parties had not been heard. 748 

2. Case issued and complaint 
sustained where no person 
appears on behalf of the re- 
spondent 748 

3. Time limit for hearing 748 

4. Case of Charles A. Briggs, 
D.D., 1892 748 

5. Case of Charles A. Briggs, 
D.D.,1893 749 

6. Case of Henry Preserved 
Smith, D.D., 1894 749 

iv. Hearing members of the judi- 
catory appealed from. 

1. Interpretation and applica- 
tion of section 99 749 

v. Hearing members of the supe- 
rior judicatory. 

1. Limitation of time to speak- 
ers 750 

2. Constitutional right to be 
heard cannot be destroyed 
though time limit may be 
set. Speeches by roll call. .750 

vi. Taking the vote. 

1. The final vote must be 
taken 750 

2. It is taken separately on 
each charge 751 

3. The final vote taken and 
the appeal sustained 751 

vii. Case may be submitted to a 
judicial commission. 

1. The Judicial Committee ap- 
pointed such commission.. . .752 

2. Report of judicial commis- 
sion 752 

3. Findings of judicial com- 
mission , 752 

4. Case of William P. Craig, 
complainant, vs. the Synod 

of California 755 

5. Complaint of David R. 
Breed et al. vs. the Synod 

of Pennsylvania 756 

viii. Decisions and their effect. 

(1) The decision may confirm 
that of the lower judicatory. 

1. Section 99 (5) explained... .757 

2. Decision confirmed 757 

3. In confirming the decision 
the Assembly directs that if 
a new trial as ordered be not 
instituted within six months 
the decision shall be final.. .758 

(2) The decision may reverse 
that of the lower judicatory. 

1. Reversed on review of tes- 
timony 759 

2. Reversed without assigning 

a reason for its action. . . , . . .759 



3. Reversed because of dispro- 
portionate censure 759 

4. Reversal on the ground of 
undue severity, does not 
determine the innocence of 
the accused nor relieve him 
from other process 759 

5. Decision of Synod reversed 
as in error in prescribing a 
form of dismission 760 

6. Reversed because of uncon- 
stitutional action of the judi- 
catory appealed from 760 

7. Where sentence is reversed 
for irregularity either party 
may institute a new trial. If 
process be not commenced 
within the time limited he 
may demand a letter as in 
good standing 761 

8. Reversed for haste and un- 
constitutional action 761 

9. Sentence reversed and the 
appellant declared to be in 
regular standing 762 

10. The decision may declare 
the acts of the lower judica- 
tories void 762 

11. The reversal annuls the 
acts complained of . 762 

12. The decision reversed and 
the case remanded 763 

(3) The decision may confirm 
or reverse in part. 

1. Reversed in part on the 
ground of irregularity. Sus- 
tained in part 763 

2. Reversed in part on the 
ground that irregularity of 
proceedings does not neces- 
sarily invalidate 764 

3. Sustained in part, reversed 

in part. Minute in the case. 764 

4. The decision censures the 
irregular excommunication 
of a member and prescribes 
the steps which should have 
been taken 765 

5. The decision finds error in 
the judicatories below. A 
Presbytery may not unduly 
direct and control a Session. 
Synod may not refuse an 
appeal from a party ag- 
grieved 766 

(4) The decision may remit 
the case to the lower judi- 
catory. 

1. It may remand the cause 
for reconsideration 767 

2. A Synod required to re- 
mand the case to a Presby- 
tery for rehearing 767 

3. Complaint sustained and 
Synod ordered to hear and 
issue the case 768 



BOOK OF DISCIPLINE. 



Xli 



4. Judgment reversed and case 
remanded for new trial 768 

5. Judgment reversed and case 
remitted on grounds stated.. 768 

6. Referred back to the judi- 
catory below with instruc- 
tions 769 

7. The decision details the ir- 
regularities of the judica- 
tories below 769 

8. The case remitted with in- 
structions 771 

9. Unconstitutional acts de- 
tailed. The case remanded. 772 

10. Referred back by consent of 
parties 773 

11. Discretion of a judicatory 
not subject to review 773 

12. Remitted on the recom- 
mendation of the Judicial 
Committee 773 

13. In passing judgment a judi- 
catory may not open a case 
already settled 773 

14. The decision sustains the 
lower judicatory in part, but 
a person once restored can 
be condemned again only 
by new process and convic- 
tion 774 

15. The decision reverses all 
the judicatories below and 
restores the appellant 774 

16. The decision declares and 
decides the several issues in- 
volved 774 

17. The decision restores the 
status quo 775 

18. A superior judicatory may 
not compel an inferior to 
reverse its decision without 
assigning reasons 775 

19. The decision explains the 
true intent of the action com- 
plained of. Deposition by 
another denomination after 
reception to membership in 
Presbytery does not impair 
good standing 776 

Section 100. Effect of notice of 
appeal 777 

1. An appeal arrests all further 
proceedings until it be is- 
sued 777 

2. Interpretation of Section 100.777 

3. To proceed to trial while the 
appeal is pending is uncon- 
stitutional and void. The 
Assembly and not the in- 
ferior judicatories is the 
judge of the question of con- 
stitutionality 778 



4. Suspension is continued until 
the issue of the appeal, which 
must be at the next meeting 

of the judicatory above 778 

5. An appeal against a certain 
action does not debar the 
judicatory from acting on 
the continued disturbed state 

of the church 778 

6. Where a Session is dissolved 
an appeal continues the 
rights of the elders as to the 
higher judicatories until it is 
issued 779 

Section 101. Records must be 
sent up 779 

1. Copies made by an appel- 
lant not sufficient. The rec- 
ords or authenticated copies 
required 779 

2. On the failure of the judica- 
tory to send up authenticated 
copies of the testimony the 
appeal is sustained 779 

3. Where judicatories fail to 
send up documents the case 
is remanded 780 

4. The judicatory directed to 
perfect its records and send 
up to the Assembly its rea- 
sons for the action com- 
plained of. 780 

5. Judgment suspended until a 
record is supplied on which 
the issue may be tried 780 

6. In the absence of papers re- 
ferred to in the records and 
of attested copies of the 
charges the case postponed.. 781 

7. Case remanded with direc- 
tions as to procedure and as 

to the records 781 

8. In the absence of records 
the Synod censured and the 
case postponed 781 

9. The case dismissed and the 
papers returned. . ... .781 

10. Where the absence of papers 
is the fault of the defendant, 
the case dismissed and the 

judgment affirmed 782 

Section 102. Appeals to next 
superior judicatory 782 

1. Appeals may be carried di- 
rectly to the" Assembly 782 

2. Appeals dismissed because 
not first brought in the lower 
judicatories and no sufficient 
reasons given 784 

3. Where there is no common 
relation a complaint is 
allowed 785 



xlii 



SYLLABUS. 



Chapter X. Op Dissents and Protests. 



Section 103. Definition of a dissent. 786 
1. Dissent entered without re- 
ply. Dissent with reasons 
is a virtual protest 786 

Section 104. Definition of protest. 786 

1. The right to protest for the 
relief of conscience 786 

2. The dissent or protest must 
be entered before the rising 

of the Assembly 786 

3. A protest arguing the case is 
refused 786 

4. The protest must confine 
itself to the reasons on which 

it is founded 786 

5. A protest calls attention to 
the action protested against. 787 

Section 105. To be entered on 
records 787 

1. Protests admitted to record 
without answer 787 

2. Protests refused record as 
being disrespectful 788 

3. A protest should be recorded 



only by order of the judica- 
tory 789 

4. Protest received and put on 
record 789 

5. Protest, if in order, must be 
recorded and filed with the 
clerk. A printed copy duly 
signed is valid 789 

Section 106. Answers to protests.790 

1. No answer deemed necessary 
when the assumptions have 
been refuted 790 

2. The answer denies the im- 
putations of the protest 790 

3. The answer defines the ac- 
tion protested against 790 

Section 107. Who may dissent or 
protest 791 

1. Protests will not be received 
from those not members of 
the body 791 

2. A protest can be brought 
only by the minority of a 
judicatory itself 791 



Chapter XI. Op Jurisdiction in Cases op Dismission. 



Section 108. Jurisdiction over 

offences 791 

1. Cases connected with extinct 

Presbytery 791 

2. Reception of a member on a 

qualified letter is void 791 

3. Jurisdiction over one charged 

with an offence is in that 
Presbytery of w T hich he is a 
member 791 

4. A Presbytery within whose 

bounds an offence is com- 
mitted fulfills its duty in 
notifying the Presbytery to 
which the offender belongs. 792 
Section 109. Jurisdiction over dis- 
missed members 792 

1. A suspended member may 

not be received on profession 
by another church. If re- 
ceived without knowledge 
of the facts, his name to be 
stricken from the roll 793 

2. A letter of dismission takes 

effect as soon as granted so 
far as rights and privileges 

are concerned 793 

Section 110. Jurisdiction over dis- 
missed ministers 793 

1. Jurisdiction over a deposed 

minister is in the Presbytery 
which deposed him 794 

2. Where a minister is deposed 

the name should not be 
formally stricken from the 
roll until the proceedings 
are finally issued 794 



3. The privileges of membership 

cease with the granting of 
the letter 795 

4. While a minister is in transitu 

he is a member of the Pres- 
bytery which gave him his 
letter 795 

5. A suspended minister is under 

the jurisdiction of the Pres- 
bytery which suspended 
him. When sentence has 
been reversed for infor- 
mality, if process is not 
commenced in six months, a 
dismission in good standing 
may be claimed 795 

6. A minister holding a letter 

of dismission is a member of 
the Presbytery dismissing 
him until received by 
another body 796 

7. Where the reception was in- 

valid by reason of fraud he 
remains under the jurisdic- 
tion of the Presbytery dis- 
missing him 796 

Section 111. Certificates of dismis- 
sion must name body 796 

1. Presbytery must specify the 

body to which a member is 
dismissed . . 796 

2. He must unite with the body 

designated 796 

3. The Presbytery receiving a 

minister on a certificate must 
notify the Presbytery that 
dismissed him 796 



DIRECTORY FOR WORSHIP. 



xliii 



4.. The dismission may not be 
by a standing committee... .796 
Section 112. Extinct church 796 



1. Members of an extinct church 
amenable to Presbytery. . . .797 
Section 113. Extinct Presbytery. .797 



Chapter XII. Op Removals, and Limitations of Time. 



Section 114. Rules as to certificates 

of members 797 

1. A certificate of dismission 

should be required 797 

2. Names of baptized children, 

not adults or communicants, 
should be included 798 

3. To receive members of 

churches of our own con- 
nection without a certificate 
is irregular 798 

4. Members received from other 

denominations without tes- 
timonials or evidence, to be 
received on profession 798 

5. Dismission to join another 

denomination 798 

The form of dismission to 
other denominations left to 
the discretion of the Session798 

Dismission of a suspended 
member 799 

A suspended person being 
restored by the superior 
judicatories may claim dis- 
mission in good standing. . .799 

A dismission may be irregular 
and yet valid 799 

Members removing should be 
furnished with testimonials 
of standing, and should be 
counseled to transfer their 
relation 799 

Churches receiving members 
by letter should notify the 
church from which they 
come. Blank forms of the 



6. 



8. 



10. 



11. 



Board of Publication com- 
mended 800 

12. The limit of one year does 

not ordinarily exclude, 
where the Session has knowl- 
edge of the reasons and of 
the religious life 800 

13. Certificate of dismission 

granted only by vote of the 
Session regularly constituted800 

14. The above modified. The 

Moderator or Stated Clerk 
may be authorized to issue 
letters in the interim 801 

Section 115. Rules as to certificates 

of ministers 801 

1. Notice of reception to be 
given 801 

Section 116. Certificates of ab- 
sentee members 801 

1. The standing of members ab- 
sent and unknown. Such 
absence without a certificate 
is itself censurable. If will- 
ful, they should be cen- 
sured 801 

Section 117. Limitation on prose- 
cutions 802 

1. Limitation not to be pleaded 

against the order of a superior 
judicatory 802 

2. The plea is good where the 

offence was known to mem- 
bers of the judicatory more 
than a year before process 
was begun 803 



Chapter XIII. Of Judicial Commissions. 



Section 118. What judicatories 

may appoint 803 

1. The Judicial Committee may 
be appointed a Judicial 
Commission 803 



Section 119. Cases to be submitted, 

and powers 803 

1. Matters of law referred to the 
appointing judicatory 803 

Section 120. Times of meeting and 

quorum 805 



Chapter XIV. Of Differences between Judicatories. 



Section 121. Steps in procedure. . .805 
Section 122. Committee of prose- 
cution 805 



Section 123. Power of judicatory 

having jurisdiction 805 



PART V. THE DIRECTORY FOR THE WORSHIP OF GOD. 
Chapter I. Of the Sanctification of the Lord's Day. 

Section 1. The duty 806 J distributing the mails upon 

1. The Assembly petition Con- the Sabbath 806 

gress against carrying and | Section 2. The whole day to be kept. 808 



xliv 



SYLLABUS. 



1. Deliverance on the profana- 

tion of the Sabbath Disci- 
pline enjoined 808 

2. The observance of the Sab- 

bath indispensable to the 
preservation of civil and re- 
ligious liberty 809 

3. For the better observance of 

the Sabbath 810 

4. Church Sessions enjoined to 

greater fidelity 811 

5. Resolutions on the sanctifica- 

tion of the Sabbath 812 

6. The opening of art galleries 

on the Sabbath disapproved. 
Deliverances of former As- 
semblies reaffirmed 812 

7. Traveling on the Sabbath con- 

demned 812 

8. Duty of all to sanctify the 

Sabbath. Testimony against 
its desecration by railroads 
and by recreations 813 

9. Former deliverances affirmed 

and enlarged upon 814 

10. The divine sanction and obli- 

gation of the Sabbath 815 

11. Reading of secular newspa- 

pers on the Sabbath discoun- 
tenanced 816 

12. The value and necessity of 

Sabbath observance 816 

13. American Sabbath Union. . . .817 
14 The Columbian Exposition. .818 

15. The divine authority and uni- 

versal and perpetual obliga- 
tion of the Sabbath. Na- 
tional Sabbath Societies 819 

16. Decoration of soldiers' graves 

on the Sabbath disapproved .821 
Section 3. Family arrangements. .821 



Section 4. Private devotions 821 

Section 5. Attendance on religious 

services 821 

Section 6. Use of time after relig- 
ious services 821 

1. Instruction in the Holy Scrip- 

tures 821 

2. On Sabbath-schools and in- 

struction of the young 822 

3. Pastoral letter on Sabbath- 

schools 824 

4. Catechetical instruction en- 

joined 826 

5. Relation of Sabbath-schools 

to the family 826 

6. Relation of the Sabbath- 

school to the Session 827 

7. Superintendents to be ap- 

pointed or approved by the 
Session 829 

8. Teachers to be approved by 

Session 829 

9. Primary instruction to be 

given 829 

10. The Shorter Catechism to be 

taught in the schools 829 

11. The schools to be supported 

by the churches 830 

12. Sessions to supervise the con- 

tributions of the schools. . . .830 

13. Children's day commended. .830 

14. Presbyterian Lesson Helps to 

be used 830 

15. Loyalty to our own Sabbath- 

school agencies recom- 
mended 830 

16. Standing Committees of Pres- 

byteries and Synods on Sab- 
bath-school work 830 

17. Systematic Bible study by the 

whole congregation* 831 



Chapter II. 



Of the Assembling of the Congregation and Their 
Behavior During Divine Service. 



Sections 1, 2 831 | 1. Posture in public prayer 831 

Chapter III. Of the Public Reading of the Holy Scriptures. 



Section 1. Ministers' duty 832 

Section 2. Most approved transla- 
tion 832 

The Revised Version. 

1. The Assembly expresses 
neither approval nor disap- 
proval 832 

2. Inexpedient to authorize its 
use in public worship 832 

3. Inexpedient to direct its use 

in public worship 832 

4. No official sanction of its use 
necessary 833 

5. Appointment of commission 
declined 833 



Section 3. Extent of reading 833 

1. The early rule for the reading 

of the Scriptures 833 

2. Responsive services in public 

worship unwise 833 

3. Responsive reading not a sub- 

ject of church discipline. . . .834 

4. Responsive reading judicially 

declared not to be a viola- 
tion of the Constitution 834 

5. The present freedom of wor- 

ship under the Directory re- 
liable and edifying 8'35 

6. The Apostles' Creed may be 

used in public worship 835 



DIRECTORY FOR WORSHIP. 



xlv 



Chapter IV. Of the 

Section 1. The duty of praise 835 

1. Early action on the subject of 

psalmody 835 

Section 2. Manner of praise 836 

1. The Book of Tunes 836 

2. The Hymnal 836 

3. The " Social Hymn and Tune 

Book" 836 

4. The report on sacred music. 

The Hymnal commended... 837 



Singing of Psalms. 

5. The Presbyterian Hymnal ac- 

cepted and approved 837 

6. Hymns for social meetings 

and the Sunday-school 837 

7. The new Hymnal 837 

Section 3. Congregational singing. 837 
Section 4. Amount of time allowed. 837 

1. Church music is under the 
control of the minister and 
the Session 837 



Chapter V. Of Public Prayer. 



Section 1. Invocation 838 

Section 2. Prayer before sermon. .838 
Section 3. Prayer after sermon. . . .839 
Section 4. Minister's duty and au- 
thority 839 



1. Liturgical forms not needed.. 839 

2. Book of Forms. Liberty to 

use the forms of the Re- 
formed Churches 840 



Chapter VI. Of the Worship of God by Offerings. 



Section 1. The duty 840 

Section 2. Order and nature 840 

1. General recommendations . . .840 

2. Inquiry to be made by the 

Presbytery as to compliance 
with the recommendations 
of the Assembly 841 

3. Plan for securing pledges and 

contributions from each 
member of each congrega- 
tion 841 

4. Collections ordered must be 

taken 842 

5. Proportionate giving 842 

6. Individual pledges 842 



8. 

9. 

10. 



11. 



7. Combination of collections 

discouraged 842 

Fairs, etc., discountenanced .842 

Money value of boxes 842 

Public announcement of offer- 
ings 843 

Offerings to be made as acts 

of worship 843 

Section 3. Distribution 843 

1. Schedule for contributions .. .843 

2. Designated months for the 

Boards 843 

Section 4. Duty of minister 843 

1. Ministers to furnish informa- 
tion t , 844 



Chapter VII. Of the Preaching of the Word. 

Section 1. Importance 844 j Section 3. Method of preaching.. .845 

1. Reading sermons 844 j Section 4. Sermons not to be 

Section 2. Subjects of sermons . . .844 | lengthy 845 

1. Expository preaching com- | Section 5. Close of service 845 

mended 844 I Section 6. Who may preach 845 

Chapter VIII. Of the Administration of Baptism. 



Section 1. When and by whom to 

be performed 845 

1. Age of infancy not deter- 

mined 845 

2. Baptism by Unitarians, Ro- 

mish baptism, etc 846 

Section 2. Where usually to be 

administered 846 

Section 3. Presentation of chil- 
dren 846 

1. Who may be presented for 

baptism 846 

2. The duty of Christian mas- 

ters to have their servants 
baptized, etc 846 



3. Orphan children of heathen 
parents in the care of our 

missions 846 

Section 4. Addresses preceding 

baptism 847 

1. Obligations and qualifications 

of parents 848 

2. Parents required to enter into 

engagements 848 

3. Instruction to be given and 

discipline urged for neglect. 848 
Section 5. Order of administra- 
tion 849 

1. Mode of baptism 849 



xlvi SYLLABUS. 


Chapter IX. Op the Administration of the Lord's Supper. 


Section 1. Times of celebration.. 849 


plied in the invitation to 


1. Where there is no church 


commune 851 


organized 849 


4. Baptism with water is essen- 


2. Not usually in the bounds of 


tial to communion in the 


a congregation without con- 


Presbyterian Church 851 


sent 849 


5. Communicants' classes com- 


3. Where a minister may stated- 


mended 852 


ly preach he may administer 


Section 5. Order of administra- 


the Lord's Supper 850 


tion 852 


4. Administered in a private 


1. Communion wine, the purest 


house in sickness 850 


attainable to be used 853 


Section 2. Who to be excluded. . .850 


2. Unfermented fruit of the vine 


Section 3. Public notice and in- 


fulfills every condition 853 


struction 850 


3. Individual communion cups 


Section 4. Address before ad- 


not approved 853 


ministration 850 


4. The number of cups left to 


1. The ignorant and scandalous 


the discretion of the Session. 854 


excluded 851 


5. No rule as to persons to aid 


2. Not the custom to invite 


the minister 854 


those who have not pro- 


6. Deacons may aid in the dis- 


fessed Christ 851 


tribution of the elements. . .854 


3. Church membership is im- 


Section 6. Preparatory services . 854 



Chapter X. Of the Admission op Persons to Sealing Ordinances. 



Section 1. Duties and privileges 

of baptized children 854 

1. Pastoral care over baptized 

children 855 

2. Discipline of baptized chil- 

dren. The subject post- 
poned 855 

3. Diligent oversight enjoined 

in the care of the baptized 
children 855 

4. The duty of home training 

urged upon the attention of 
the Church 855 

5. Children should be trained in 

the faith of our fathers 856 

6. Catechetical instruction en- 

joined on parents 856 

7. Family training essential to 

the increase of the ministry 
and of the Church 856 

8. Placing children in Romanist 

schools a violation of cove- 
nant engagements. 856 

Section 2. Years of discretion 857 

Section 3. Examinations of appli- 
cants . 857 

1. Universalists not to be ad- 

mitted to sealing ordinances. 857 

2. Persons refusing to present 

their children in baptism not 
to be refused communion, 
but the expediency of re- 
ceiving them to be judged of 
by the Session 857 

3. Duelists to be received only 

on evidence of repentance. .858 



4. Postmasters officiating on the 

Sabbath 858 

5. Proprietor of mail stages run 

ning on the Sabbath 858 

6. Persons engaged in the sale of 

intoxicating drink 858 

7. Subjection to the discipline of 

the church requisite 859 

8. To be admitted only by a Ses- 

sion regularly constituted.. .859 

9. Session the judge of the quali- 

fication of candidates for 
membership . 859 

10. Question as to the baptism of 

a member of the Society of 
Friends 859 

11. Intercommunion with those 

who maintain an irregular 
ministry discouraged 859 

12. Polygamists cannot be re- 

ceived into the church while 
remaining in that relation. .860 

13. Examination of candidates 

ought ordinarily to be in the 

presence of the Session 860 

Section 4. Public profession by 

unbaptized persons 861 

1. Baptism may follow upon 

a general profession of faith. 861 

2. An excommunicated member, 

if restored, is not to be rebap- 
tized 861 

3. To admit to sealing ordinances 

belongs exclusively to the 
Session. Forms of admis- 
sion 861 



DIRECTORY FOR WORSHIP. XlVll 

Chapter XL Op the Mode op Inflicting and Removing Censures. 

Section 6. Form of excommunica- 



Section 1. Tenderness toward of- 
fenders 862 

Section 2. Form of sentence 862 

Section 3. Prayers for offenders . .862 
Section 4. Restoration upon re- 
pentance 863 

Section 5. Excommunication may 

be necessary 863 



tion 863 

Section 7. Restoration after ex- 
communication 863 

Section 8. Discretion of judicatory 

as to censures 864 



Chapter XII. Op the Solemnization of Marriage. 



Section 1. Marriage not a sacra- 
ment 864 

Section 2. Christian marriage to 

be by a minister 864 

1. Marriage solemnized by licen- 

tiates' 864 

2. Marrying in the Lord defined864 

Section 3. Who may marry 864 

Section 4. Consent of parents and 

guardians 864 

1. Clandestine marriage dis- 
couraged 865 



Section 5. Rights of parents 865 

Section 6. Public notice and obe- 
dience to the law 865 

1. Publication of purpose of 

marriage 865 

2. Caution enjoined in solemniz- 

ing marriages 865 

Section 7. Witnesses and certifi- 
cate 866 

Section 8. Form of marriage 866 



Chapter XIII. Of the Visitation of the Sick. 
Sections 1-10 867, 868 



Chapter XIV. Of the Burial of the Dead. 



Sections 1, 2. 
1. Carousin« 



and ostentatious 



869 



parades discountenanced .. .869 



Chapter XV. Of Fasting, and of the Observation of the Days of 

Thanksgiving. 



Section 1. The Lord's Day the 

only holy day 869 

Section 2. Fasting and thanks- 
giving Scriptural 869 

1. The duty of fasting 869 

2. Churches should observe days 

appointed by the local au- 
thorities 870 

Section 3. Who should observe. . .870 

Section 4. Who may appoint 870 

Special days appointed by the 
supreme judicatory. 

1. Upon the occasion of the 
French War 870 

2. On the war with Spain 870 

3. On account of trouble with 
England 870 

4. Before the second war with 
England 870 

5. During the second war with 
England 871 



6. On the outbreak of the 
Civil War 871 

7. On account of the profana- 
tion of the Sabbath 872 

8. For the conversion of the 
world 872 

9. The week of prayer. The 
first entire week in January. 872 

10. Day of prayer for colleges, 
theological seminaries, etc. .874 

11. Monthly concert of prayer 
for missions 874 

12. Children's day, special ser- 
vices to be held 874 

Section 5. Public notice 875 

Section 6. Public worship obliga- 
tory 875 

Section 7. Method of observing 

fast days 875 

Section 8. Method of observing 

thanksgiving days 875 



xlviii SYLLABUS. 

Chapter XVI. The Directory for Secret and Family Worship. 



Sections 1-5 875, 876 

1. Duty of ministers to urge 

family religion 876 

2. The evening of the Lord's 



Day especially set apart for 
family training. The Stand- 
ards need no change to fit 
them for the present time. . .876 



ADDITIONS TO ACTS, DECISIONS, AND DELIVERANCES. 



1. Qualifications of voters for pas- 

tors, elders, and other offi- 
cers 878 

2. Close of the ecclesiastical year. .880 

3. Annual Narrative of the State 

of Religion 880 



4. Reorganization of the Board of ■ 

Home Missions 881 

5. Action as to legacies, etc., Board 

of Relief. 881 

6. Act relating to the reception and 

probation of ministers from 
other Churches 881 



Index 883-909 






DIGEST 



OF THE 



ACTS AND DELIVERANCES 

OF THE GENERAL ASSEMBLY OF THE 

PRESBYTERIAN CHURCH IN THE UNITED STATES 

OF AMERICA. 



PART I. 

HISTORICAL DOCUMENTS. 



I. THE ORGANIZATION OF THE CHURCH. 

1. The General Presbytery. 

[Note.— We have no history of the organization of the First Presbytery in what is 
now " The United States of America." No record is to be found prior to Decem- 
ber 27, 1706, when we find the Presbytery in session engaged in the work of examin- 
ing Mr. John Boyd as a candidate for ordination, in the manner and form familiar 
to us at this day. — Records of the Presbyterian Church, 1706, p. 9. 

It seems to have had no other designation than " The Presbytery," and was, until 
1717, the supreme judicatory of our Church.] 

2. The General Synod. 

In 1716 the Presbytery adopted the following: 

It having pleased divine Providence so to increase our number, as 
that, after much deliberation, we judge it may be more serviceable to the 
interest of religion, to divide ourselves into subordinate meetings or Pres- 
byteries, constituting one annually as a Synod, to meet at Philadelphia 
or elsewhere, to consist of all the members of each subordinate Presby- 
tery or meeting for this year at least: Therefore it is agreed by the 
Presbytery, after serious deliberation, that the first subordinate meeting 
or Presbytery, to meet at Philadelphia or elsewhere, as they shall see fit, 
do consist of these following members, viz. : Masters Andrews, Jones, 
Powell, Orr, Bradner and Morgan. And the second to meet at New 
Castle or elsewhere, as they shall see fit, to consist of these, viz. : Masters 
Anderson, McGill, Gillespie, Wotherspoon, Evans, and Conn. The 
third to meet at Snow Hill or elsewhere, to consist of these, viz. : 
Masters Davis, Hampton and Henry. And in consideration that only 
1 1 



Z HISTORICAL DOCUMENTS. 

our brethren Mr. McNish and Mr. Pumry are of our number upon 
Long Island at present, we earnestly recommend it to them to use their 
best endeavors with the neighboring brethren that are settled there, 
which as yet join not with us, to join with them in erecting a fourth 
Presbytery. And as to the time of the meeting of the respective Pres- 
byteries, it is ordered that that be left to their own discretion. — 1716, 
p. 45. 

Our next meeting being appointed as a Synod, it was ordered that the 
present Moderator (Rev. George McNish) open the same by preaching. 
.... Appointed that the first meeting of our said Synod be at Phila- 
delphia, on the third Tuesday of September in the year 1717. — 1716, 
p. 46. 

3. The General Assembly. 

a. Preparatory act. 

The Synod, considering the number and extent of the churches under 
their care, and the inconvenience of the present mode of government 
by one Synod, 

Resolved, That this Synod will establish out of its own body three or 
more subordinate Synods, out of which shall be composed a General 
Assembly, Synod or Council, agreeably to a system hereafter to be 
adopted.— 1786, p. 517. , 

b. The Synod divided and the General Assembly constituted. 

Resolved unanimously, That this Synod be divided, and it is hereby 
divided, into four Synods, agreeably to an act made and provided for 
that purpose in the sessions of Synod in the year one thousand seven 
hundred and eighty -six; and that this division shall commence on the 
dissolution of the present Synod. 

Resolved, That the first meeting of the General Assembly, to be con- 
stituted out of the above said four Synods, be held, and it is hereby 
appointed to be held, on the third Thursday of May, one thousand 
seven hundred and eighty -nine, in the Second Presbyterian Church in 
the city of Philadelphia, at eleven o' clock a. m. ; and that Dr. Wither- 
spoon, or, in his absence, Dr. Rogers, open the General Assembly with 
a sermon, and preside till a Moderator be chosen. — 1788, pp. 547, 548. 



II. ADOPTION, ETC., OF THE STANDARDS. 

I. THE ADOPTING ACTS OF 1729 AND 
EXPLANATORY ACTS. 

1. The Overture laid over for a year. 

There being an overture presented to the Synod in writing, having 
reference to the subscribing to the Confession of Faith, etc. , the Synod, 
judging this to be a very important affair, unanimously concluded to 
defer the consideration of it till the next Synod, withal recommending 
it to the members of each Presbytery present to give timeous notice 
thereof to the absent members. — 1728, p. 91. 



ADOPTION OF THE STANDARDS. 6 

2. The Confession of Faith, Larger and Shorter Catechisms of the 
Westminster Assembly adopted. 

a. Act relating to Subscription. 

The committee brought in an overture upon the affair of the Confes- 
sion, which was agreed upon in hcec verba : 

Although the Synod do not claim or pretend to any authority of 
imposing our faith upon other men's consciences, but do profess our just 
dissatisfaction with and abhorrence of such impositions, and do utterly 
disclaim all legislative power and authority in the Church, being willing 
to receive one another as Christ has received us to the glory of God, and 
admit to fellowship in sacred ordinances all such as we have grounds to 
believe Christ will at last admit to the kingdom of heaven, yet we are 
undoubtedly obliged to take care that the faith once delivered to the 
saints be kept pure and uncorrupt among us, and so handed down to our 
posterity. And do therefore agree that all the ministers of this Synod, 
or that shall hereafter be admitted into this Synod, shall declare their 
agreement in and approbation of the Confession of Faith, with the 
Larger and Shorter Catechisms of the Assembly of Divines at Westmin- 
ster, as being, in all the essential and necessary articles, good forms of sound 
words and systems of Christian doctrine, and do also adopt the said 
Confession and Catechisms as the confession of our faith. And we do 
also agree, that all the Presbyteries within our bounds shall always take 
care not to admit any candidate for the ministry into the exercise of the 
sacred function, but what declares his agreement in opinion with all the 
essential and necessary articles of said Confession, either by subscribing 
the said Confession of Faith and Catechisms, or by a verbal declaration 
of their assent thereto, as such minister or candidate shall think best. 
And in case any minister of this Synod, or any candidate for the minis- 
try, shall have any scruple with respect to any article or articles of said 
Confession or Catechisms, he shall at the time of his making said declar- 
ation declare his sentiments to the Presbytery or Synod, who shall, 
notwithstanding, admit him to the exercise of the ministry within our 
bounds, and to ministerial communion, if the Synod or Presbytery shall 
judge his scruple or mistake to be only about articles not essential and 
necessary in doctrine, worship or government. But if the Synod or 
Presbytery shall judge such ministers or candidates erroneous in essential 
and necessary articles of faith, the Synod or Presbytery shall declare 
them uncapable of communion with them. And the Synod do solemnly 
agree that none of us will traduce or use any opprobrious term of those that 
differ from us in these extra -essential and not necessary points of doc- 
trine, but treat them with the same friendship, kindness and brotherly 
love, as if they had not differed from us in such sentiments. — 1729, 
p94. 

b. The Adopting Act proper, f 

On the afternoon of the same day, 

All the ministers of this Synod now present, except one * that declared 
himself not prepared, viz. : Masters Jedidiah Andrews, Thomas Craig- 
head, John Thomson, James Anderson, John Pierson, Samuel Gelston, 
Joseph Houston, Gilbert Tennent, Adam Boyd, Jonathan Dickinson, 
John Bradner, Alexander Hutchinson, Thomas Evans, Hugh Stevenson, 
* Daniel Elmer, who subscribed the next year.— 1730, p. 97. t See p. 5. 



4 HISTORICAL DOCUMENTS. 

William Tennent, Hugh Conn, George Gillespie and John Wilson, after 
proposing all the scruples that any of them had to make against any 
articles and expressions in the Confession of Faith and Larger and 
Shorter Catechisms of the Assembly of Divines at Westminster, have 
unanimously agreed in the solution of those scruples, and in declaring 
the said Confession and Catechisms to be the confession of their faith, 
excepting only some clauses in the twentieth and twenty -third chapters, 
concerning which clauses the Synod do unanimously declare that they 
do not receive those articles in any such sense as to suppose the civil 
magistrate hath a controlling power over Synods with respect to the 
exercise of their ministerial authority, or power to persecute any for their 
religion, or in any sense contrary to the Protestant succession to the 
throne of Great Britain. 

The Synod, observing that unanimity, peace and unity which appeared 
in all their consultations and determinations relating to the affair of the 
Confession, did unanimously agree in giving thanks to God in solemn 
prayer and praises. — 1729, p. 95. 
i 
3. The ''Directory" recommended. 

The Synod do unanimously acknowledge and declare, that they judge 
the Directory for Worship, discipline and government of the Church, 
commonly annexed to the Westminster Confession, to be agreeable in 
substance to the word of God, and founded thereupon, and therefore do 
earnestly recommend the same to all their members, to be by them 
served as near as circumstances will allow and Christian prudence 
direct.— 1729, p. 95. 

4. Intrants and candidates to adopt the Confession in the same 
manner and as fully as those then present. 

a. Whereas some persons have been dissatisfied at the manner of 
wording our last year's agreement about the Confession, etc.; supposing 
some expressions not sufficiently obligatory upon intrants ; Overtured, That 
the Synod do now declare that they understand these clauses that 
respect the admission of intrants or candidates in such a sense as to 
oblige them to receive and adopt the Confession and Catechisms at their 
admission in the same manner and as fully as the members of the Synod 
did that were then present. Which overture was unanimously agreed to 
by the Synod.— 1730, p. 98. 

b. Ordered, That the Synod make a particular inquiry during the 
time of their meeting every year, whether such ministers as have been 
received as members since the foregoing meeting of the Synod have 
adopted, or have been required by the Synod, or by the respective 
Presbyteries, to adopt the Westminster Confession and Catechisms with 
the Directory, according to the acts of the Synod made some years since 
for that purpose, and that also the report made to the Synod in answer 
to said inquiry be recorded in our minutes. — 1734, p. 109. 

5. To be inscribed in the book of each Presbytery. 

Ordered, That each Presbytery have the whole Adopting Act inserted 
in their Presbytery book. — 1735, p. 115. 






ADOPTION OF THE STANDARDS. 5 

6. An act explaining the Adopting Act. 

An overture of the committee upon the supplication of the people of 
Paxton and Derry was brought in and is as followeth: That the Synod 
do declare, that inasmuch as we understand that many persons of our 
persuasion, both more lately and formerly, have been offended with some 
expressions or distinctions in the first or preliminary act of our Synod 
contained in the printed paper, relating to our receiving or adopting the 
Westminster Confession and Catechisms, etc. ; That in order to remove 
said offense, and all jealousies that have arisen or may arise in any of 
our people's minds on occasion of said distinctions and expressions, the 
Synod doth declare that the Synod have adopted and still do adhere to 
the Westminster Confession, Catechisms and Directory, without the least 
variation or alteration, and without any regard to said distinctions. 
And we do further declare that this was our meaning and true intent in 
our first adopting of said Confession, as may particularly appear by our 
Adopting Act which is as followeth : ' 'All the ministers of the Synod now 
present (which were eighteen in number, except one that declared 
himself not prepared), after proposing all the scruples any of them had 
to make against any articles and expressions in the Confession of Faith 
and Larger and Shorter Catechisms of the Assembly of Divines at 
Westminster, have unanimously agreed in the solution of these scruples, 
and in declaring the said Confession and Catechisms to be the confession 
of their faith, except only some clauses in the twentieth and twenty- 
third chapters, concerning which clauses the Synod do unanimously 
declare, that they do not receive these articles in any such sense as to 
suppose the civil magistrate hath a controlling power over Synods with 
respect to the exercise of their ministerial authority, or power to perse- 
cute any for their religion, or in any sense contrary to the Protestant 
succession to the throne of Great Britain. ' ' 

And we hope and desire that this our Synodical declaration and 
explication may satisfy all our people, as to our firm attachment to our 
good old received doctrines contained in said confession, without the least 
variation or alteration, and that they will lay aside their jealousies that 
have been entertained through occasion of the above hinted expressions 
and declarations as groundless. This overture approved nemine contra- 
dicente.— 1736, p. 126. 

7. Mode of adopting the Confession. 

The Synod of New York and Philadelphia adopt, according to the 
known and established meaning of the terms, the Westminster Confession 
of Faith as the confession of their faith, save that every candidate for 
the gospel ministry is permitted to except against so much of the twenty - 
third chapter as gives authority to the civil magistrates in matters of 
religion. The Presbyterian Church in America considers the Church of 
Christ as a spiritual society, entirely distinct from the civil government, 
having a right to regulate their own ecclesiastical policy, independently 
of the interposition of the magistrate. — 1786, p. 519. 

8. The Directory for Worship and Form of Government. 

The Synod also receives the Directory for public worship and the 
Form of church government recommended by the Westminster Assembly 
as in substance agreeable to the institutions of the New Testament. This 
mode of adoption we use, because we believe the general platform of our 



6 HISTORICAL DOCUMENTS. 

government to be agreeable to the sacred Scriptures; but we do not 
believe that God has been pleased so to reveal and enjoin every minute 
circumstance of ecclesiastic government and discipline as not to leave 
room for orthodox churches of Christ, in these minutiae, to differ with 
charity from one another. — 1786, p. 519. 

9. Authority of Par do van's Collections. 

The rules of our discipline and the form of process in our Church 
judicatures are contained in Pardovan's (alias Stewart's) Collections, id 
conjunction with the acts of our own Synod, the power of which, in 
matters purely ecclesiastical, we consider as equal to the power of any 
Synod or General Assembly in the world. Our Church judicatures, like 
those in the Church of Scotland, from which we derive our origin, are 
Church Sessions, Presbyteries and Synods, to which it is now in contem- 
plation to add a National and General Assembly. — 1786, p. 519. 

It was moved and carried, That the Form of Process in Stewart of 
Pardovan's Collections, be read and considered as a basis of deliberation 
along with the draught. — 1787, p. 535. 

II. THE CONSTITUTION OF 1788. 
1. The Constitution revised and amended. 

[Note.— In 1786 the " Book of Discipline and Government" was referred to a com- 
mittee " to digest such a system as they shall think to be accommodated to the state 
of the Presbyterian Church in America." The committee consisted of Drs. Wither- 
spoon, McWhorter, Rodgers, Sproat, Dufheld, Alison and Ewing, Mr. Matthew 
Wilson and Dr. Smith, with Isaac Snowden, Esq., Mr. Robert Taggart and John 
Pinkerton, Elders— 1786, p. 525. 

In 1787, the Synod, preparatory to forming the General Assembly, ordered a thor- 
ough revision of the standards, altering the articles excepted to in the Adopting Act 
of 1729, and making such amendments as were found to be necessary.— 1787, p. 539.] 

2. Form of Government, Discipline, and Confession of Faith, 
ratified and adopted. 

The Synod having fully considered the draught of the Form of Gov- 
ernment and Discipline, did, on a review of the whole, and hereby do 
ratify and adopt the same, as now altered and amended, as the Constitu- 
tion of the Presbyterian Church in America, and order the same to be 
considered and strictly observed as the rule of their proceedings, by all 
the inferior judicatories belonging to the body. And they order that a 
correct copy be printed, and that the Westminster Confession of Faith, 
as now altered, be printed in full along with it, as making a part of the 
Constitution. 

Resolved, That the true intent and meaning of the above ratification 
by the Synod is, that the Form of Government and Discipline and the 
Confession of Faith, as now ratified, is to continue to be our Constitution 
and the confession of our faith and practice unalterable, unless two- 
thirds of the Presbyteries under the care of the General Assembly shall 
propose alterations or amendments, and such alterations or amendments 
shall be agreed to and enacted by the General Assembly. — 1788, p. 546. 

3. Directory for Worship and Catechisms, Larger and Shorter. 

The Synod having now revised and corrected the draught of a Directory 
for Worship, did approve and ratify the same, and do hereby appoint the 



OBLIGATION OF THE STANDARDS. 7 

said Directory, as now amended, to be the Directory for the worship of 
God in the Presbyterian Church in the United States of America. 
They also took into consideration the Westminster Larger and Shorter 
Catechisms, and having made a small amendment of the Larger, did 
approve, and do hereby approve and ratify the said Catechisms, as now 
agreed on, as the Catechisms of the Presbyterian Church in the said 
United States. And the Synod order that the said Directory and Cate- 
chisms be printed and bound up in the same volume with the Confession 
of Faith and the Form of Government and Discipline, and that the 
whole be considered as the standard of our doctrine, government, disci- 
pline and worship, agreeably to the resolutions of the Synod at their 
present sessions. — 1788, p. 547. 

4. Assembly enacts part of the Directory. 

Dr. Witherspoon, Dr. Smith, and the Moderator, were appointed a 
committee to revise the chapter of the draught of the directory, respect- 
ing the mode of inflicting church censures, and to lay it, as by them 
revised, before the General Assembly at their first meeting, to be by 
them considered and finally enacted. — 1788, p. 547. 

The committee appointed by the late Synod of New York and Phila- 
delphia, to revise the chapter of the Directory entitled, ' ' Of the mode 
of inflicting church censures," laid before the Assembly the chapter, as 
by them revised; which, being considered and amended, was finally 
enacted, and ordered to be printed and published with the Constitution. 
—1789, p. 9. 

III. THE OBLIGATION, ETC., OF THE STANDARDS. 
1. The Adopting Acts and their force. 

[Note.— For the text of the adopting acts and the acts explanatory of them, see 
pp. 2 and 5.] 

2. Use and obligation of the Standards. 

1. That, in the opinion of this Assembly, Confessions of Faith, 
containing formulas of doctrine, and rules for conducting the discipline 
and worship proper to be maintained in the house of God, are not only 
recognized as necessary and expedient, but as the character of human 
nature is continually aiming at innovation, absolutely requisite to the 
settled peace of the Church, and to the happy and orderly existence of 
Christian communion. Within the limits of Christendom, few are to 
be found in the attitude of avowed hostility to Christianity, The name 
of Christian is claimed by all, and all are ready to profess their belief in 
the Holy Scriptures, too many reserving to themselves the right of 
putting upon them what construction they please. In such a state of 
things, without the aid of Confessions, Christian fellowship can exist 
only in a very limited degree, and the disorder of the Corinthian Church, 
condemned by the apostle, would be realized : ' ' I am of Paid and I of 
Apollos. ' ' 

2. That, though the Confession of Faith and Standards of our Church 
are of no original authority, independent of the Scriptures, yet we 
regard them as a summary of those divine truths which are diffused 
throughout the sacred volume. 

They, as a system of doctrines, therefore, cannot be abandoned, in 



8 HISTORICAL DOCUMENTS. 

our opinion, without an abandonment of the word of God. They form 
a bond of fellowship in the faith of the Gospel, and the General Assem- 
bly cannot but believe the precious immortals under their care to be 
more safe in receiving the truth of God's holy word, as exhibited in the 
standards of our Church, than in being subject to the guidance of any 
instructor, whoever he may be, who may have confidence enough to set 
up his own opinions in opposition to the system of doctrines which men 
of sound learning, full of the Holy Ghost, and mighty in the Scriptures, 
have devised from the oracles of the living God. It should never be 
forgotten, that the Church is solemnly cautioned against the danger of 
being carried about by every wind of doctrine. 

3. This Confession of Faith, adopted by our Church, contains a 
system of doctrines professedly believed by the people and the pastors 
under the care of the General Assembly, nor can it be traduced by any 
in the communion of our Church, without subjecting the erring parties 
to that salutary discipline which hath for its object the maintenance of 
the peace and purity of the Church, under the government of her great 
Master.— 1824, p. 114. 

3. Adoption of the Standards in every case required. 

The committee appointed on an overture respecting the consistency of 
admitting into this Church ministers who manifest a decided hostility to 
ecclesiastical creeds, confessions, and formularies, make the following 
report, which was adopted, viz. : 

1. That the Constitution, as is well known, expressly requires of all 
candidates for admission, a solemn declaration that they sincerely receive 
and adopt the Confession of Faith of this Church, as containing the 
system of doctrine taught in the Holy Scriptures. 

2 That the last Assembly, in a report of their committee, to be seen 
on the minutes, have so explicitly and fully declared the sentiments of 
this Church in regard to her ecclesiastical standards, and all within her 
communion who may traduce them, that no further expression of our 
views on this subject is deemed necessary. — 1825, p. 155. 

4. The Catechisms an integral part of the Standards of the Church. 

a. The committee to whom was referred Overture No. 5, viz.: " On 
subscribing the Confession of Faith," made the following report, which 
was unanimously adopted, viz. : 

That, in their judgment, any further legislation on the subject by the 
Assembly would be unnecessary and inexpedient. They consider the 
formula contained in our book, and the rule adopted by the Assembly in 
1830 — viz. : " That, in their judgment, every licentiate coming by certifi- 
cate to any Presbytery, in connection with the General Assembly, from 
any portion of a corresponding ecclesiastical body, should be required to 
answer in the affirmative, the constitutional questions directed by chapter 
fourteenth of our Form of Government, to be put to our candidates 
before they are licensed; and that in like manner every ordained minister 
of the Gospel, coming from any church in correspondence with the 
General Assembly by certificate of dismission and recommendation, 
should be required to answer affirmatively the first seven questions 
directed by chapter fifteenth of our Form of Government, to be put to 
one of our own licentiates when about to be ordained to the sacred 
office" (p. 287, 1830)— sufficiently explicit; and would earnestly 



OBLIGATION' OF THE STANDARDS. 9 

recommend these to the attention of the Presbyteries under the care of 
the Assembly. 

b. As to the question submitted to them, "Whether the Catechisms, 
Larger and Shorter, are to be considered a.- a part of the Standards of 
our Church, and are comprehended in the words, Confession of Faith of 
this Church ?" the committee feel no hesitation in answering that ques- 
tion in the affirmative. It does not appear that any doubts on that sub- 
ject have ever been entertained until very recently. The committee find 
in the minutes of the old Synod, at the union of the Synod of Philadel- 
phia with the Synod of New York, in 1758, that the first article of the 
Plan of Union contains the following words (Digest 1820, p. 118), viz. : 
" Both Synods, having always approved and received the Westminster 
Confession of Faith and Larger and Shorter Catechisms as an orthodox 
and excellent system of Christian doctrine founded on the word of God, 
we do still receive the same as the Confession of our Faith; and also the 
plan of worship, government and discipline, contained in the Westmin- 
ster Directory, strictly enjoining it on all our members and probationers 
for the ministry that they preach and teach according to the form of 
sound words in said Confession and Catechism-, and avoid and oppose all 
error contrary thereto." In the recital of the manner in which a 
Presbytery was received by the Synod of New York, 1763, we have the 
following record, which is contained in the Assembly's Digest, p. 50: 
" It was agreed to grant their request, provided that they agree to adopt 
our Westminster Confession of Faith and Catechisms, and engage to 
observe the Directory as a plan of worship, discipline and government, 
according to the agreement of this Synod." 

In 1788, in the Adopting Act of the Confession, as entered in the 
Digest, p. 124, the Catechisms are distinctly mentioned as a part of our 
standards. " They also took into consideration the Westminster Larger 
and Shorter Catechisms, and having made a small amendment of the 
Larger, did approve, and do hereby approve and ratify the said Cate- 
chisms as now agreed on, as the Catechisms of the Presbyterian Church 
in the said United States. And the Synod order that the said Directory 
and Catechisms be printed and bound up in the same volume with the 
Confession of Faith and the Form of Government and Discipline; and 
that the whole be considered as the standard of our doctrine, govern- 
ment, discipline and worship, agreeably to the resolutions of the Synod 
at their present sessions" — one of which resolutions was (p. 123), 
" that the Form of Government and Discipline, and the Confession of 
Faith, as now ratified, is to continue to be our constitution and the 
confession of our faith and practice unalterably, unless two-thirds of 
the Presbyteries under the care of the General Assembly shall propose 
alterations or amendments, and such alterations or amendments shall be 
agreed to and enacted by the General Assembly. ' ' Accordingly, in the 
Directory for the administration of baptism, the Larger and Shorter 
Catechisms of the Westminster Assembly are mentioned in connection 
with the Confession of Faith, as adopted by this Church, and are to be 
recommended as containing a summary of the principles of our holy 
religion, taught in the Scriptures of the Old and New Testaments. 

The committee therefore recommend to the Assembly the adoption of 
the following resolution, viz. : 

Resolved, by the Assembly, that in receiving and adopting the 
Confession of Faith, as containing the system of doctrine taught in the 



10 HISTORICAL DOCUMENTS. 

Holy Scriptures, the Larger and Shorter Catechisms of the Westminster 
Assembly of Divines are included, and do constitute an integral part of 
the standards of this Church.— 1832, p. 372. 

5. Adoption of the Confession includes the Catechisms. 

When ministers and other officers are ordained in the Presbyterian 
Church, and give an affirmative answer to the question : Do you sincerely 
receive and adopt the Confession of this Church as containing the 
system of doctrines taught in the Holy Scriptures ? are such ministers 
and officers to be understood as embracing and assenting to the doctrines, 
principles, precepts and statements contained in the Larger and Shorter 
Catechisms, in the same unqualified sense in which they are understood 
to embrace and assent to the doctrines, principles, precepts and state- 
ments contained in other parts of the Confession of Faith ? 

The committee recommend that the question be answered in the 
affirmative, and the recommendation was adopted. — 1848, p. 18, O. S. 

6. Ministers who cannot adopt the Standards, not to be received. 

On an overture from the Presbytery of Bethel relative to a Union 
with the Independent Presbyterian Church, the Assembly answers, 
" The privilege claimed by the Independent ministers, of holding and 
teaching doctrines not in harmony with the Confession of Faith, is a 
privilege, which, even if harmless in this particular case, might be 
abused as a precedent, and lead in other quarters and in other relations 
to serious mischief. The Assembly expresses the desire that these minis- 
ters may soon be able to embrace our standards, without reservation, and 
in that case the Presbytery of Bethel is hereby authorized to ratify the 
Union, without further application to this body; but in the event that 
the Independent ministers and churches cannot relinquish their peculiari- 
ties, with a good conscience, this Assembly will cherish them in the 
bonds of a Christian love, but it cannot see its way clear to embrace them 
in the same Denomination." — 1857, p. 42, O. S. 

7. The "Heidelberg Catechism" approved. 

The resolutions reported by the Committee on the Heidelberg Cate- 
chism were adopted, as follows, viz. : 

1. Resolved, That this General Assembly recognizes, in the Heidelberg 
Catechism, a valuable Scriptural compendium of Christian doctrine and 
duty. 

2. Resolved, That if any churches desire to employ the Heidelberg 
Catechism in the instruction of their children, they may do so with the 
approbation of this Assembly. 

3. Resolved, That this Assembly cordially rejoices at the continued 
and increasing evidences of agreement and union, among those whose 
symbols maintain in common the faith once delivered to the saints. — 
1870, p. 120. 

8. The Standards subordinate to and in harmony with the Word of God. 

The grounds for the insertion in this title [Constitution] of the words 
" Standards subordinate to the Word of God," are as follows: 
The Presbyterian Church acknowledges and maintains: 
1. That " all the books of the Old and New Testaments are given by 
inspiration of God to be the rule of faith and life" (Confession of 



OBLIGATION OF THE STANDARDS. 11 

Faith, Chap, i, Sec. 2); and "that the Holy Scriptures are the only 
rule of faith and manners " (Form of Government, Chap, i, Sec. 7). 

2. That all Church power, whether exercised by the body in general, 
or in the way of representation by delegated authority, is only minis- 
terial and declarative; that is to say, that no Church judicatory ought to 
pretend to make laws to bind the conscience in virtue of their own 
authority, and that all their decisions should be founded upon the 
revealed will of God (Form of Government, Chap, i, Sec. 7). 

3. That " all Synods or Councils since the apostles' times, whether 
general or particular, may err and many have erred; therefore they are 
not to be made the rule of faith and practice, but to be used as a help 
in both" (Confession of Faith, Chap, xxxi, Sec. 13). 

4. That " the supreme judge by which all controversies of religion 
are to be determined, and all decrees of councils, opinions of ancient 
writers, doctrines of men, and private spirits are to be examined, and in 
whose sentence we are to rest, can be no other but the Holy Spirit, 
speaking in the Scripture. ' ' 

These principles set forth clearly the fact that the Holy Scriptures in 
their entirety have been and are held by this Church to be the only and 
infallible rule of religious faith and practice. This Christian Church 
requires its standards of doctrine and government to contain as essential 
and necessary articles only those things which are " either expressly set 
down in Scripture, or by good and necessary consequences may be 
deduced from Scripture" (Confession of Faith, Chap, i, Sec. 6). In 
matters which are non-essential, and which may be " ordered by the 
light of nature and Christian prudence, " it is the law of the Church, 
that in their ordering the ' ' general rules of the Word are always to be 
observed" (Confession of Faith, Chap, i, Sec. 6). 

Along with this insistence upon the unique supremacy of the Holy 
Scriptures there is in the Standards the acknowledgment of human 
fallibility. Christian Churches and their judicatories, being composed of 
fallible men, may err. This admission of liability to error, however, is 
not to be used as if it lessened the authority of the doctrinal and govern- 
mental Standards of the Church over those who have voluntarily 
accepted them. Far otherwise! It is simply the declaration by the 
Church of its dependence upon the Divine Author of the Scriptures, for 
the guidance of His Spirit in the interpretation of His Word and in the 
formulation and application of its Standards. This Church holds not 
only to the Word of God as the supreme and infallible rule of faith and 
practice, but further, that its Confession of Faith contains the system of 
doctrine taught in the Holy Scriptures (Form of Government, Chap, 
xiv, Sec. 1), and that its government, discipline and worship are agree- 
able to and founded upon the Scriptures (Form of Government, Chap, 
viii, Sec. 1; Book of Discipline, Sees. 3 and 4; Confession of Faith, 
Chap, xxi, Sec. 1). The Holy Scriptures are acknowledged as alike 
the source and sanction in all matters of faith and practice. 

In view of these statements the following resolutions are offered for 
adoption : 

Resolved, 1. That this Assembly, in directing the insertion in the title 
to the Constitution of the words ' ' Standards subordinate to the Word of 
God, " is to be understood as setting forth the relation of the Confession 
of Faith and the other Standards of the Church to the Word of God aa 
their sole source and sanction. 



12 HISTORICAL DOCUMENTS. 

Resolved, 2. That this Assembly draws the attention of the judicato- 
ries and members of the Church to the declarations of the Standards 
above quoted, which set forth in explicit terms the belief of the Church, 
that all the Standards are founded upon and in accordance with the Holy 
Scriptures.— 1896, pp. 168, 169. 

IV. THE AMENDMENTS OF THE STANDARDS. 

1. Method of amendments. 

The General Assembly of 1887 appointed a Committee on " The 
mode of effecting changes in the Constitution of the Church," consisting 
of Ministers — William Henry Koberts, D.D., Chairman, James T. 
Leftwich, D.D. ; and Ruling Elders — Hon. William Strong and Hon. 
Robert N. Willson. This Committee was increased in the General As- 
sembly of 1890 by the addition of the following members: Ministers — 
Everard Kempshall, D.D., Henry J. Van Dyke, D.D., Francis L. 
Patton, D.D., Herrick Johnson, D.D., and Robert M. Patterson, D.D. ; 
and Ruling Elders — George Junkin, Henry B. Sayler and Henry Day. 
This Committee reported to that Assembly [Minutes, pp. 62-64] an 
overture containing an amendment to the Form of Government, being 
Chapter xxiii. Of Amendments. This chapter was adopted by the Presby- 
teries, and formally declared by the Moderator of the Assembly of 1891, 
to be a part of the Constitution of the Church. See for the text of the 
chapter in the proper place in the Form of Government, and also in the 
same place the law enacted by the Assembly of 1891, with reference to 
the mode of action upon the returns of the Presbyteries to overtures from 
the Assembly. See also, Adopting Act of 1788, p. 6. 

2. List of amendments. 
The following list of amendments to the Standards of the Church is 
given here for information. The subject matter of each amendment 
will be found in other parts of this Digest under the proper head. 

(1) The Confession of Faith, adopted 1729, amended 1788 and 1887. 
1887, p. 98. — Chap, xxiv, Sec. iv, the last clause stricken out. 

[Note.— The intent was declared to be " To remove any obstacle which may have 
existed to the marrying of a deceased wife's sister.] 

(2) The Form of Government, adopted 1788, amended 1805 and 1821. 

1803, p. 282.— The Rev. Drs. Blair, Tennent and Green, the Rev. 
Messrs. Irwin, Milledoler, Potts, Linn and Janeway, were appointed a 
Committee to report alterations in the Constitution. 

1805, p. 333. — Chap, viii (now ix), Sec. i (now ii); Chap, x (now 
xi), Sees, i, ii; Chap, xi (now xii), Sec. vi; Chap, xii (now xiii), Sec. 
ii; Chap, xiv, Sec. i; Chap, xiv (now xv), Sees, i, ii, iii, iv, v; Chap, 
xv (now xvi). 

1819, p. 700. — Chap, xi (now xii), Sec. ii — the ratio of representa- 
tion was altered. 

1820, p. 737. — A Committee appointed 1816, ''To revise the Forms of 
Government and Process, ' ' made its final report, which was adopted by 
the Assembly, and sent to the Presbyteries as an overture (p. 739). 
The Committee consisted of John B. Romeyn, D.D., A. Alexander, 
D.D., S. Miller, D.D., and E. Nott, D.D. 



ADOPTION OF THE STANDARDS. 13 

1821, p. 9. — " The whole of the proposed amendments sent down by 
the last Assembly to the Presbyteries ratified and declared to be a part of 
the Constitution." 

(3) Amendments Form of Government since Reunion. 

1871, p. 593— Chap, x, Sec. ii; 1894, p. 176— Sec. viii. 

1881, p. 523— Chap, xi, Sec. i; 1881, p. 523— Sec. iv; 1885, p. 637. 

1826, p. 168— Chap, xii, Sec. ii; 1885, p. 630— Sec. ii; 1885, p. 
637— Sec. iv. 

1891, p. 142 — Chap, xii, Sec. vi, stricken out. 

1892, p. 172 — Chap, xii, Sec. iv, new, adopted. 

1875, p. 521— Chap, xiii, Sec. viii, added; 1886, p. 108— amended. 
1891, p. 139 — Chap, xxiii, " Of Amendments," added. 

(4) The Book of Discipline, adopted 188J/., amended 1885 to 1894-. 

In 1878, Minutes, p. 70, in answer to certain overtures, the Com- 
mittee on the Polity of the Church recommended, that a Committee of 
six ministers and five elders be appointed to consider whether any 
changes, amendments or additions should be made in our present Form 
of Government and Book of Discipline, and if so, what; to report to 
the next Assembly. The recommendation was adopted, and the Com- 
mittee appointed: 

Ministers— Elijah R. Craven, D.D., Edwin F. Hatfield, D.D., 
Alexander T. McGill, D.D., LL.D., William E. Moore, D.D., 
Nathaniel West, D.D., Robert W. Patterson, D.D., Francis L. Patton, 
D.D., LL.D. Elders — Hon. William Strong, LL.D., Hon. Joseph 
Allison, LL.D., Hon. Samuel M. Breckenridge, LL.D., Hon. Samuel 
M. Moore, LL.D., Hon. John T. Nixon, LL.D.— p. 119. 

The Committee made report in 1879 (Minutes, pp. 550, 551), and was 
continued. Also 1880, pp. 34, 35; 1881, pp. 527, 528. This report 
was recommitted with instructions (pp. 573, 574). The revision of 
the Form of Government was withdrawn from the Committee. 

The following action was taken with reference to the final report of 
the Special Committee on the Revision of the Form of Government and 
Book of Discipline: 

Resolved, That the consideration of the report of the Committee on 
the Revision of the Form of Government and Book of Discipline be 
postponed until the next Assembly, and that the printed report be sent 
down to the Presbyteries for their consideration and examination, and 
that the Stated Clerk be instructed to send a copy to every minister and 
church Session. — 1882, p. 52. 

In 1883 (3Iinutes, p. 685), it was 

Resolved, That the proposed revision of the Book of Discipline, and 
of Chap, x of the Directory for Worship, be overtured to the Presby- 
teries for their adoption as a part of the Constitution of the Church, in 
place of the existing Book of Discipline and the existing Chap, x of the 
Directory for Worship. 

1884 (Minutes, p. 27) — The Special Committee on the Answers of the 
Presbyteries to the Overtures on the Book of Discipline, reported their 
adoption by a vote of 131 affirmatives to 36 negatives. 

The Moderator then made a formal declaration that the Revised Book 



14 HISTORICAL DOCUMENTS. 

of Discipline with the revision of Chap, x of the Directory for Worship, 
have been adopted, and are now a part of the Constitution of the Church. 
—1884, p. 31. 

For the Revised Book as adopted in 1884, see Minutes, pp. 658-673. 

Effect of the adoption of the revised Discipline on cases pending. 

The following paper was adopted with reference to the Eevised Book 
of Discipline: 

' ' The General Assembly does hereby declare that no process heretofore 
commenced should abate by reason of the adoption of the Revised Book 
of Discipline, and all judicatories before which such process is now pend- 
ing are hereby advised to issue and determine such cases in accordance 
with the mode of procedure and under the provisions of the Revised 
Book of Discipline."— 1884, p. 111. 

1885. — Chap, i, Sec. v, was adopted, as found below. — p. 601. 

Chap, iv, Sec. xviii, was amended, so as to read as below. — p. 601. 

Chap, iv, Sec. xxvi, was substituted, so as to read as below. — p. 601. 

Chap, vi, Sec. xlvi, was amended by striking out Acting Elder.— p. 
601. 

Chap, viii, Sec. lxv, was omitted, and numbers following changed. — 
p. 602. 

Chap, ix, Sec. iii, sub -Sec. lxxxiii, was changed so as to read as Sec. 
lxxxiv below. — p. 602. 

Chap, xii, Sec. cxii, was amended, so as to read as below. — p. 602. 

Chap, xiii, Sec. cxviii, on Judicial Commissions, was added. — p. 638. 

1894. — Chap, xiii, Sec. cxviii, was amended, and Sees, cxix and exx 
were added. — p. 176. 

1895. — Chap, xiv, on Differences between Judicatories, was added, 
—p. 108. 

(5) Directory for Worship, adopted 1788-89, amended 1881^-1886. 

1884, p. 31. — Chap, x (now xi), revised and adopted. 
1886, p. 107. — Chap, vi adopted, and the numbers of all succeeding 
sections made higher by one. 

1886, p. 107. — Chap, vi (now vii), Sec. v, amended. 

III. PUBLICATION OF THE CONSTITUTION. 

1. Committee to supervise publication, 1788. 

Ordered, That Dr. Duffield, Mr. Armstrong and Mr. Green, be a ' 
committee to superintend the printing and publishing the above said 
Confession of Faith and Catechisms, with the Form of Government 
and Discipline and the Directory for the Worship of God, as now 
adopted and ratified by the Synod, as the Constitution of the Presby- 
terian Church in the United States of America, and that they divide the 
several parts into chapters and sections properly numbered. — 1788, p. 
547. 

2. Committee authorized to publish. 

The committee appointed to superintend the printing and publishing 
of the Constitution, etc., was ordered to call on Mr. Bradford, the 



PUBLICATION OF THE CONSTITUTION. 15 

printer, whom they employed to print said Constitution, and to inquire of 
him the reasons why the publication has been so long delayed. — 1789, 
p. 6. 

Resolved, That the Constitution be printed at the expense of the Gen- 
eral Assembly; and that the committee, or a majority of them, enter 
into an agreement with Mr. Bradford; and that, on the best terms they 
can, they have a number of copies, not less than a thousand, nor greater 
than fifteen hundred, printed and bound in such a manner as may best 
promote the sale; and that the committee draw, for the price of printing 
and binding, on the Treasurer of the Assembly, who is hereby ordered 
to pay it out of the present moneys in the funds. And the Assembly 
earnestly recommend it to the different Presbyteries, to pay particular 
atteution to have the fund reimbursed out of the sale of the book. — 
1789, p. 13. 

3. Committee of 1792. 

1. Edition with proof -texts added. . 

a. The committee appointed to consider the expediency of a new 
impression of the Confession of Faith, Form of Government and 
Discipline of this Church, reported .... that another impression 
appeared expedient, in which, if the Scripture proofs were inserted at 
length, it would become more acceptable, and might be of greater utility 
to the churches; -and proposed that a committee be appointed properly to 
select and arrange the Scripture texts to be adduced in support of the 
articles in the Confession of Faith, Form of Government and Discipline, 
and prepare the same to be laid before the next General Assembly. 

Resolved, That Dr. Robert Smith, and Messrs. Mitchell and Grier, be 
a committee to carry the above into execution. — 1792, p. 58. 

b. A letter was received and read from Mr. Mitchell, one of the 
members of a committee appointed by the Assembly of 1792, to revise 
and prepare for publication an edition of the Confession of Faith, Cate- 
chisms, and Form of Government and Discipline of this Church, 
informing this Assembly that considerable progress had been made in the 
business, but that it was still incomplete. Whereupon the business was 
recommitted, and the Moderator (the Rev. James Latta) added to the 
committee in the place of the Rev. Dr. Robert Smith, deceased, and 
they were directed to report to the Assembly in 1794. — 1793, p. 66. 

C. The committee appointed to prepare the Scripture proofs in sup- 
port of the doctrines of the Confession of Faith, the Catechisms, etc., 
of the Presbyterian Church, submitted their report, which was read, 
examined, and approved as a specimen of the work. Whereupon Dr. 
Green, Messrs. John B. Smith, James Boyd, William M. Tennent, 
Nathaniel Irwin and Andrew Hunter, were appointed a committee to 
compare the proofs prepared by said committee, and now reported to the 
General Assembly, with the proofs annexed to the Westminster Confes- 
sion of Faith, Catechisms and Directory; to revise the whole, prepare it 
for the press, to agree with the printer for its publication, and to super- 
intend the printing and vending of the same. — 1794, p. 88. 

2. Authority of the notes. — The text alone contains the Constitution. 

[Note. — The "Notes" referred to are not found in the constitution as revised in 
1820. For the history concerning them see Digest, 1886, pp. 52-54.] 



16 HISTORICAL DOCUMENTS. 

4. Unauthorized editions discountenanced. 

Resolved, That the Rev. Drs. Blair, Tennent, and Green, the Rev. 
Messrs. Irwin, Milledoler, Potts, Linn and Janeway, be a committee to 
take into consideration the expediency of publishing a new edition of the 
Confession of Faith, etc., of this Church; to consider whether any, and 
if any, what alterations ought to be made in the said Confession of 
Faith, etc., to make such preparatory arrangements on this subject as 
they shall judge proper, and to report to next Assembly. 

Whereas, This Assembly have been informed, that one or more 
unauthorized editions of the Confession of Faith, and the Form of Gov- 
ernment and Discipline of this Church, have been published within a 
short period, 

Resolved, That the Assembly cannot recognize as accurate, or recom- 
mend to the churches under their care, any edition of the said Confession 
of Faith, published since that which was printed by Robert Aitken, in 
the year 1797, under the direction of the General Assembly. And the 
Assembly would further declare to the churches in their communion, that 
no edition of the said Confession of Faith ought, in future, to be 
purchased or encouraged by them, except such as may be published by 
the authority of the Assembly. — 1803, p. 282. 

5. Committee on circulation. 
Resolved, That Mr. Hotchkin, Drs. Blatchford and Romeyn, Messrs. 
Potts, Patterson, John H. Rice, Drs. Blythe, Hall, Thompson and Mr. 
Kemper, be a committee to report some plan for more extensively circu- 
lating the Confession of Faith and the Book of Discipline of our 
Church.— 1816, p. 613. 

6. Presbyteries and churches to stimulate circulation. 

The committee appointed to inquire whether some plan cannot be 
devised for the wider circulation of the Confession of Faith, and of the 
Constitution of the Presbyterian Church, reported, and their report being 
read and amended, was adopted, and is as follows, viz. : 

1. That it be strictly enjoined on all the Presbyteries under the Gen- 
eral Assembly, to endeavor, by such means as upon careful examination 
shall to them appear best, to promote the diffusion and wider circulation 
of the Confession of Faith, and Book of Discipline of the Presbyterian 
Church. 

2. That it be recommended to the congregations in our connection to 
take measures to supply their own poor with the Confession of Faith, 
Catechisms, and Book of Discipline of our Church. 

7. Committee of supervision of 1821. 
Drs. Blatchford, M'Dowell and Wilson, and Messrs. Herron and 
William Williams, were appointed a committee to determine upon the 
plan of printing a new edition of the Confession of Faith, and Constitu- 
tion of the Church.— 1821, p. 9. 

8. Committees of supervision appointed from the Synods. 

The committee appointed to determine upon the plan of printing a new 
edition of the Confession of Faith and Constitution of the Church, 
presented a report, which was accepted; whereupon the Assembly 

Resolved, 1. That the Rev. Dr. Ely be appointed a committee to pro- 



PUBLICATION OF THE CONSTITUTION. 17 

cure in the name of the Trustees of the General Assembly, the privilege 
of a copyright for the publishing of the Confession of Faith, and 
Constitution of the Church; and that he be charged with seeing that 
every part of the law concerning the securing said right be fully 
complied with. 

2. That any printer so disposed, may print any number of copies of 
said book, as he shall think proper, subject to the following restrictions: 

3. That to secure authentic copies of so important a publication three 
ministers of each of the Synods of our Church be designated as a com- 
mittee in their respective bounds, whose duty it shall be to form contracts 
for the payment of the premium hereinafter mentioned, and carefully to 
examine the proof sheets of said book. Their signatures shall be 
regarded as necessary certificates of authenticity. 

4. That each printer of said book, for the privilege of printing, shall 
pay the sum of three cents per copy, to the Treasurer of the General 
Assembly; to be equally divided between the missionary funds belonging 
to this Assembly, and the funds of the Theological Seminary at Prince- 
ton. 

5. That the committee of the Synod of Philadelphia be directed to 
have the book printed as speedily as possible. 

The Assembly then proceeded to appoint the following committees 
in their respective Synods, to act in conformity with the preceding resolu- 
tions, viz. — 1821, p. 18. 

9. Committees responsible for accuracy. 

Resolved, That the members of these several committees, respectively, 
shall be considered as responsible to the Church for the accuracy of the 
editions which may be printed under their superintendency. — 1821, 
p. 18. 

10. Board of Publication to print and sell. 

Resolved, That the permission heretofore granted by the Assembly to 
publish the Confession of Faith in contravention of the copyright, be, 
and the same is, hereby revoked. 

Resolved, That the Presbyterian Board of Publication is hereby 
directed to take the charge, oversight, and agency of printing and selling 
the authorized copy of the Constitution of the Presbyterian Church in 
the United States of America.— 1839, p. 177, O. S. 

11. Synodical committees abolished. 

Resolved, That the standing committees to supervise the publication of 
the Constitution, within the bounds of the several Synods, be, and the 
same are, hereby abolished. — 1839, p. 177, O. S. 

12. Permanent committee of supervision appointed. 

Resolved, That the Stated and Permanent Clerks be a committee to 
supervise the publication of any and all editions of the Constitution 
hereafter issued by the Board of Publication, and also of the Rules for 
Judicatories. — 1886, p. 113. 

Resolved, 1. That the Permanent Committee on Editions of the Constitu- 
tion be enlarged by the addition, ex-officio, of the Rev. E. R. Craven, 
D.D., LL.D. 

Resolved, 2. That no change of the text of any of the several 
Standards of Doctrine, Government, Discipline and Worship, included 
2 



18 HISTORICAL DOCUMENTS. 

in the Constitution, shall hereafter be made except after report to the 
General Assembly, and due constitutional procedure. — 1891, p. 37. 

13. Attestation by the committee of supervision. 

The Permanent Committee appointed to supervise all editions of the 
Constitution, having carefully examined this edition, herewith state that 
the text has been carefully compared with those of the editions of 1789, 
1797, 1815, 1821, 1885 and 1888, the edition of 1789 being regarded 
as the Princeps, and also with the texts of the amendments as they 
appear in the Minutes of the General Assembly. In their judgment, 
this edition contains what may be regarded as the authoritative text of 
the Standards of the Presbyterian Church in the "United States of 
America. The proof -texts are those approved by the Assembly of 1894, 
and have been carefully edited. The Index has been greatly enlarged, 
and it is believed will prove a decided help in consulting the work. 

[Edition of 1896.] Wm. H. Roberts, 

Wm. E. Moore, 
E. R. Craven. 

14. Standard copy of the Shorter Catechism. 

Resolved, That the Assembly approve the revised copy of the Shorter 
Catechism with the Ten Commandments, the Lord's Prayer, and the 
Creed, presented by the Board of Publication, and hereby adopt the 
same as the standard edition of our Church. — 1872, p. 22. 

[Note. — See Report of the Committee on Proof-texts, 1894, p. 24.] 

15. Report on corrections in punctuation, etc. 

The Special Committee on a New Edition of the Constitution pre- 
sented its Report, which was accepted, and adopted, and is as follows: 

The Permanent Committee, consisting of the Stated and Permanent 
Clerks, appointed to supervise the editions of the Constitution of the 
Church, would respectfully report to the General Assembly of 1891 that 
a new edition of the Constitution has been prepared under the super- 
vision of the Committee, and published by the Board of Publication and 
Sabbath -school Work. Great care has been taken in the preparation of 
this edition, and it is believed to be more accurate than any preceding 
issue. The text has been carefully compared with the editions of 1789, 
1797, 1815, 1885 and 1888, the edition of 1789 being regarded as the 
Princeps, and also with the texts of the several amendments as they 
appear in the Minutes of the General Assembly. In the judgment 
of the Committee this edition contains what may be regarded as the 
authoritative text of the Standards of the Presbyterian Church in the 
United States of America. The proof- texts have been carefully com- 
pared with those contained in the edition of 1797. The Index has 
been enlarged, and it is believed will prove a decided help in consulting 
the work. 

The Committee thankfully acknowledge the faithful, painstaking 
services and valuable assistance rendered in the preparation and publica- 
tion of this edition by the Rev. Elijah R. Craven, D.D., LL.D. 

As a result of the work done by him and your Committee, the following 
restorations of the true text of the Constitution have been made. 



PUBLICATION OF THE CONSTITUTION. 19 

The principal emendations of the text of the Constitution are as 
follows : 

Confession. 

1. The title of Chapter iii is altered from " Of God's Eternal 
Decrees " to " Of God's Eternal Decree.'" 

2. Chapter vii, 3 — " offered " changed to " offereth." 

3. Chapter xi, 3 — the punctuation altered so as to read: " Yet, 
inasmuch as He was given by the Father for them; and His obedience 
and satisfaction accepted in their stead; and, both freely," etc. 

4. Chapter xiii, 1 — a colon (:) after " dwelling in them:" and a 
semi-colon (;) after " weakened and mortified;". 

5. Chapter xv, 6 — a semi-colon (;) after " the pardon thereof;". 

6. Chapter xxi, 6 — "into" is altered to "unto" in the phrase 
" either tied unto." 

7. Chapter xxiii, 4 — the article " the " is omitted in the first clause 
before ' ' people " so as to read : " It is the duty of people. ' ' 

8. Chapter xxix, 2 — " one " changed to " once " in the clause: " a 
commemoration of the once offering up of himself." (This change is 
made in accordance with the American Princeps. The British editions, 
so far as they have been examined, all read ' ' one. ' ' ) 

Larger Catechism. 

9. Answer 113 — altering "the" to "His" in the clause: "using 
His titles, attributes, ' ' etc. 

10. Answer 113 (near end) — substituting "wise" for "ways" in 
the clause: " or any wise opposing," etc. 

11. Answer 120 — inserting " day" in the clause: " the seventh day 
is the Sabbath, ' ' etc. 

12. Answer 135 (near end) — substituting "forbearing" for "for- 
bearance. ' ' 

13. Answer 139 (near end) — substituting semi-colon (;) for comma 
( , ) after ' ' stage-plays. ' ' 

14. Answer 142 — substituting " depredation " for " depopulations." 
(The word employed by the Westminster divines was " depopulations," 
and it was appropriately used in thickly settled Britain. In this coun- 
try, however, which was sparsely settled, the word ' l depredation ' ' 
appears in the Princeps, and, beyond doubt, was the term designed by 
the Synod. The change to * l depopulations ' ' was made subsequent to 
the year 1842, doubtless to bring the Catechism into conformity with the 
original Westminster. ) 

15. Question 164 — inserting " in his church " after " instituted." 

16. Answer 172 (near middle) — substituting "desires" for "desir- 
ous ' ' in the clause : ' ' unfeignedly desires to be found in Christ. ' ' 

17. Answer 175 — substituting "relapses" for "relapse." 

Shorter Catechism. 

18. Answer 19 — the reading of the American Princeps, restored so 
that the third clause shall read: " and so made liable to all the miseries 
of this life." 

(There are three forms of this answer: (1) The American Princeps, 



20 HISTORICAL DOCUMENTS. 

as above, which was continued in all editions until 1842. (2) The 
Westminster and Scotch, adopted in the N. S. edition of 1850, and 
introduced into the editions of the Presbyterian Board after 1872 — 
11 and so made liable to all miseries in this life. (3) A form introduced 
subsequent to 1842, and which seems to have been an attempted compro- 
mise between the American and Westminster forms — " and so made 
liable to all the miseries in this life. ' ' ) 

19. The words " End of the Catechism" restored after the Creed. 
(These words appear in the American Princeps, and in all editions 

previous to those of 1821.) 

Form of Government. 

20. Chapter viii, 1 — last line, " or in " substituted for " and " in the 
clause : " in opinion or in practice. ' ' 

21. Chapter xiv, 7 — in Question 1, substituting " the " for " and " 
in clauses: " the word of God, the only infallible rule." 

22. Chapter xxii, 1 — substituting " their" for " the " in the clause: 
" for their commissioners to attend to their duty." 

The Committee has also prepared a summary, setting forth in brief the 
history of the Standards of the Church, and this has been published on 
page 4 of the new edition. 

Your Committee would recommend the passage and adoption of the 
following resolutions: 

Resolved , 1. That the Permanent Committee on Editions of the Con- 
stitution be enlarged by the addition, ex-offieio, of the Rev. E. R. 
Craven, D.D., LL.D. 

Resolved, 2. That no change of the text of any of the several Stand- 
ards of Doctrine, Government, Discipline and Worship, included in the 
Constitution, shall hereafter be made except after report to the General 
Assembly, and due constitutional procedure. 

Respectfully submitted, 

Wm. H. Roberts, 
Wm. E. Moore. 
—1891, pp. 34-37. 

16. Title-page of the Constitution changed. 

The Committee on the Constitution respectfully reports that a new 
edition of the Constitution has been issued under its direction, by the 
Board of Publication; that said edition contains the revised proof -texts 
reported to and approved by the General Assembly of 1894, and also 
acts of the Assembly of a general administrative character, as directed 
by the same Assembly. 

The Committee draw particular attention to the title-page of the next 
edition, which will read: " The Constitution of the Presbyterian Church 
in the U. S. A. , being its Standards, subordinate to the Word of God, 
viz., The Confession of Faith, the Larger and Shorter Catechisms, the 
Form of Government, and the Directory for the Worship of God, " etc. 
—1896, p. 168. 

[Note. — See for full report on the change in title p. 10.] 



PROOF -TEXTS TO THE STANDARDS. 21 

IV. PROOF-TEXTS TO THE STANDARDS. 

1. Proof-texts authorized, 1794. 

The Committee appointed to prepare the Scripture proofs in support of 
the doctrines of the Confession of Faith, the Catechisms, etc., of the 
Presbyterian Church, submitted their report, which was read, examined, 
and approved as a specimen of the work. Whereupon Dr. Green, 
Messrs. John B. Smith, James Boyd, William M. Tennent, Nathaniel 
Irwin and Andrew Hunter, were appointed a Committee to compare the 
proofs prepared by said Committee, and now reported to the General 
Assembly, with the proofs annexed to the Westminster Confession of 
Faith, Catechisms and Directory; to revise the whole, prepare it for the 
press, to agree with the printer for its publication, and to superintend the 
printing and vending of the same. — 1794, p. 88. 

2. Revision of proof-texts, 1894. 

Overture from the Presbytery of Philadelphia, asking the appoint- 
ment of a Committee of competent divines to revise the proof -texts of 
our Standards, and to suggest such changes as may, on examination, be 
found desirable, to be reported to a future Assembly. 

It is recommended that the request be approved, and that the follow- 
ing Committee be appointed to report to the next Assembly : Ministers — 
Samuel T. Lowrie, William H. Green, Howard Crosby, Joseph T. 
Smith, Marvin R. Vincent, David C. Marquis, Matthew B. Riddle. 
Adopted.— 1888, p. 59. 

The next year the Committee reported that the Rev. M. R. Vincent, 
D.D., had declined to serve. On its recommendation, W. G. T. Shedd, 
D.D., Edward D. Morris, D.D., and Ransom B. Welch, D.D., were 
added to the Committee. — 1889, p. 19. 

In 1890 the Committee reported progress, and was continued. — 1890, 
pp. 117-119. 

The next year the Committee presented its report, with recommenda- 
tions which were adopted. The Moderator was empowered to fill the 
vacancies in the Committee. [Dr. R. B. Welch, and Dr. Howard 
Crosby having died since the last report.] 

The Committee also reported to the Assembly the chief rules that 
were adopted for its guidance, as follows: 

The proof -texts as they have heretofore been printed by the authority 
of the General Assembly, and the original Westminster texts, were 
taken together as the basis of the work. 

Westminster texts were restored, where they seemed better, or even as 
good as those that were substituted for them in our book. For it is 
desirable, as far as possible, to have the original texts, and thus, also, 
the same proofs as are printed by other Presbyterian Churches that have 
the Westminster Standards and retain the Westminster texts. 

Reject texts of our book (a) where such restoration or supplying new 
texts makes them redundant; or (b) where locating texts differently 
seems expedient, and occasions their redundancy, or (c) where the proof 
is defective in itself, or because of a rejected or much-disputed reading 
in the original, or 'because the sense is much debated. 

Supply texts not used before where they afford the most pertinent 
proof. 



22 HISTORICAL DOCUMENTS. 

Locate texts differently where they are more exactly adapted to other 
statements of the Confession or Catechism, than to those to which they 
are attached. 

Arrange the texts under a letter in the order that corresponds to the 
order of topics in the clause to which the letter refers. 

Print the texts in full more generally than they now appear; using 
simple references only to avoid repetition of the words in full in near 
proximity, or where the passage is long. 

The Committee took into consideration the " Note attached to the 
Title of the Shorter Catechism," which explains the omission to supply 
proof -texts to that compendium as the Westminster divines had done. 
It reads as follows: " The Shorter Catechism is simply an abridgment of 
the Larger; so that the proofs of both must be the same. The reader, 
therefore, who desires to see the Scripture authorities for any doctrine 
taught in this Catechism, will turn to that doctrine in the Larger Cate- 
chism," etc. To say that " the Shorter Catechism is simply an abridg- 
ment of the Larger," expresses a relation of the two that is inconsistent 
with the facts of their preparation, and with the differences that appear 
in their composition. We recommend that the note shall read as 
follows: " The Shorter Catechism being a brief compendium of what 
is taught in the Larger, the reader who desires to see the Scripture 
authorities," etc. 

The Committee recommend that in printing the proof -texts, the method 
of referring to them from the statements of the Confession of Faith and 
Larger Catechism, viz., by small letters, be made to conform as much as 
possible to the usage in the standard editions of the same as published 
by the Church of Scotland; especially in the following particulars: 1. 
Omit the letters j and v. 2. At the beginning of each chapter of the 
Confession of Faith, begin with the first letter of the alphabet to mark 
the references. 3. In the Confession of Faith, mark the proof -texts 
belonging to one chapter from those of another by spacing with leads; 
and the proof -texts of one section from those of another by setting the 
number of the section before the first letter that marks the texts belong- 
ing to it. 4, In the Larger Catechism, mark the proof -texts belonging 
to each question by setting the number of the question before the first 
letter referring to it. 5. That in respect to spelling, italics and punctua- 
tion, the printing of the proof -texts be made to conform to some recog- 
nized standard of printing the English Bible. 

A copy of the Confession of Faith, printed by the Board of Publi- 
cation from newly made plates, in preparation for a new and more 
correct edition of our Standards, was taken by the Committee and called 
its Official Copy. The results of their labor, viz., the changes in the 
proof -texts that they recommend, and the change in the note attached to 
jthe title of the Shorter Catechism, have been entered in the margins of 
the Official Copy of the Confession of Faith. This Official Copy we 
herewith submit to the General Assembly as the embodiment of our 
work. 

In respect to the acceptance of this report, and the disposition to be 
made of your Committee's work, the Assembly will necessarily consider 
the following subjects: 

1. Since this revision of the proof -texts was instituted, the Confession 
of Faith itself has been submitted to revision with a view to possible 
" alterations and amendments." 



PROOF-TEXTS TO THE STANDARDS. 23 

2. Shall the changes in the proof -texts recommended by your Com- 
mittee be adopted by this Assembly ? 

In respect to the first of these considerations, when it is remembered 
that the revision of the Confession of Faith now in progress is expressly 
limited " not [to] propose any alterations or amendments that will in 
any way impair the integrity of the Reformed or Calvinistic system of 
doctrine taught in the Confession of Faith" (Assembly's " Minutes," 
1890, p. 86), it appears that the most of the work done by this Com- 
mittee is unaffected by the revision of the Confession of Faith; and it 
may be assumed that for the most part the proof -texts recommended by 
this Committee will still be found appropriate in places where the text of 
the Confession of Faith may be modified. The readjustment of them, 
with such omissions or other selections as may become expedient, might 
be referred to this Committee. 

With regard to the second consideration above, your Committee would 
remind the Assembly that the present revision of the proof -texts was 
instituted in view of the following facts, viz. : 

1. Since the selection of such texts by the Westminster divines, two 
and a half centuries ago, much light has been shed on the texts used by 
them, and on others not so used, and especially much has been done to 
settle the correct text of the Scriptures, particularly of the New Testa- 
ment. Consequently some changes of the proof-texts had become 
important. 

2. The proof -texts as printed by authority of our Church differ much 
from the original proof -texts furnished by the Westminster Assembly. 
That Assembly did its work in a very thorough way. Referring it first 
to Special Committees, the proof -texts recommended by these were can- 
vassed in sessions of the Assembly extending through many days and 
even months. The finished work of that Assembly was then reported to 
Parliament, and approved and adopted by it. 

3. No one can suppose that the work of revising those texts could be 
attempted by one of our General Assemblies, in the fashion used by 
the Westminster Assembly. This was not thought necessary by the 
General Assemblies of 1792-4, that brought about the revised proof -texts 
that our Church has printed ever since. But the method used at that 
time was faulty. The preparation of proof -texts was consigned to a 
small Committee, and the actual work appears to have been done by only 
two ministers, one of whom did the work on the Confession of Faith, 
and the other that on the Larger Catechism. On their report and 
recommendation, the Assembly of 1794 adopted the proof -texts and 
ordered their printing, in the form the Church has used to the present. 
(See Presbyterian Review, July, 1888.) 

4. The Assembly that instituted the present revision of the proof -texts 
improved on the methods of the earlier revision by appointing a Com- 
mittee of nine ministers, all but one of whom have been able to devote 
much labor to the work. The Committee was intended to be fairly 
representative of the whole Church, by the character, qualification, and 
position of its members, and by their geographical distribution, and by 
numbers not too many to be practically cooperative. The Committee, as 
their reports show, have done the work of revision by methods that have 
exacted the attention of every member to the whole of it, while by parts 
it has been subjected to particular study. Leaving it to the Assembly 



24 HISTORICAL DOCUMENTS. 

to vindicate the selection of the workmen that was made, the Committee 
itself trusts that it will be approved as having used due diligence. 

Having these facts before it, the Assembly can judge whether a more 
perfect work may be achieved by a further process. For ourselves, 
having experience of the comprehensive consideration, the patient 
scrutiny, and deliberate wisdom required in this work, and supposing 
that by our combined knowledge, with the use of commentaries and 
theological works, we have been confronted with the criticisms that it 
may encounter, and that we have paid due attention to such different 
views, as it was our aim and duty to do, we are of the opinion that any 
good that might come of submitting our work to a wider scrutiny and 
judgment, would not justify the pains and cost of the printing that 
would be necessary, nor be commensurate with the confusion and trouble 
that would attend such 'a course. 

We therefore conclude with the following recommendations for adop- 
tion by this Assembly: 

1. That this report be printed in the " Minutes " of this Assembly. 

2. That, in view of the revision of the Confession of Faith, and 
other circumstances that make it impossible to treat the revision of the 
proof -texts as a completed work at present, the Committee on Proof- 
texts be continued. 

3. That when this Committee's work is finally adopted by the Assem- 
bly, the Church shall provide for the children a form of the Catechism 
with proof -texts appended. 

Respectfully submitted, 

Samuel T. Lowrie, Chairman. 

—1891, pp. 129-134. 

B. B. Warfield, D.D., Timothy G. Darling, D.D., and Wallace 
Radcliffe, D.D., were appointed to fill the vacancies in the Committee. 
—1891, p. 185. 

The Committee reported " Progress."— 1892, p. 42; 1893, p. 206. 

In 1894 the Committee presented its final report. The resolu- 
tions were adopted seriatim, and the report as a whole was adopted, and 
is as follows: 

1. The Shorter Catechism with proof -texts, as ordered by the Assem- 
bly of 1893 {Minutes, pp. 206, 207), was printed by the Board of 
Publication and Sabbath -school Work, and seven thousand copies of the 
same were by it distributed, about January 1, 1894, to ministers and 
Sessions, as a sample of the Committee's whole work on the proof -texts. 
In the same pamphlet was printed also a statement by the Committee of 
the methods used by it in its work. This pamphlet will be referred to in 
the progress of this Report as the Sample Pamphlet. A copy of the 
same is also herewith submitted to the Assembly. 

2. The action of the Assembly referred to invited criticism to be 
received and considered as the Assembly would direct. No direction, 
however, was given. It was therefore arranged by those charged with 
issuing the Sample Pamphlet that criticisms or suggestions should be 
enclosed to the Rev. E. R. Craven, D.D., Secretary of the Board of 
Publication and Sabbath-school Work, who would acknowledge receipt 
of the same and transmit them to the Committee. A notice to this effect 
appears on page 10 of the Sample Pamphlet. 

Three communications of this sort came to the Committee in the way 



PROOF-TEXTS TO THE STANDARDS. 25 

indicated. One was a criticism of the fitness of a certain text as used 
for proof; another recommended a text for a certain place; another 
suggested eleven texts as desirable proofs for places it indicated. These 
communications being few and brief, they were submitted to the mem- 
bers of the Committee by copies sent through the post-office. From the 
replies thereto returned to the Chairman it appears that four of the 
suggested texts were approved, and the same are adopted as part of 
the Committee's report of proof -texts for the Shorter Catechism; in 
token of which they are supplied at the proper places in the copy of the 
Sample Pamphlet herewith submitted, as well as in the Committee's 
official copy of the Confession of Faith, which has been referred to in 
previous reports to the Assembly as representing the results of the Com- 
mittee's work. 

3. In the Sample Pamphlet an explanatory note on page 2 states that 
the Board of Publication and Sabbath -school Work is responsible for 
editing the text of the Shorter Catechism, and the Chairman of the 
Committee for editing the proof -texts. 

In this connection there emerges a matter that the Committee deems 
important. Agreeably to rules of editing adopted by the Board, the 
text of the Shorter Catechism conforms to an American fashion of 
spelling. The proof -texts conform in spelling to the text of a Cam- 
bridge Bible used in editing them. The confusion arising from this 
appears, e.g., at Question 57, ''labor" and "labour;" Questions 
63-65, " honor" and " honour;" Questions 69-71 and 75-81, " neigh- 
bor ' ' and ' ' neighbour. ' ' This discrepancy must appear in a much 
larger degree in editing the Confession of Faith and the Larger Cate- 
chism with proof -texts, should that be done in the same way. 

It is the opinion of the Committee that uniformity in spelling should 
be observed in the text of these Standards and in the proof -texts attached 
to them. But for the proof -texts it recommends that they be printed to 
conform precisely, in text, punctuation and spelling, to the best recog- 
nized standard of printing the English Bible in England, or to the best 
and standard edition of the English Bible printed by the American 
Bible Society.* 

4. The Committee reiterates the recommendation of the Eeport of 
1891 (see iVssembly's Minutes, 1891, pp. 131-134) concerning the 
editing of the proof -texts as the same appears on pp. 6 and 7 of the 
Sample Pamphlet. 

5. The action of the Assembly of 1893, that concluded the consider- 
ation of the revision of the Confession of Faith that was initiated in 
1889, leaves the situation the same as that of 1888, when the Committee 
on Proof -texts was appointed. Having now submitted a finished work, 
and that work, as represented in the Sample Pamphlet, having in the 
appointed way been challenged in only one instance as to the fitness of 
the proof -texts it has prepared, the Committee supposes that the time has 
come for finally disposing of its work, and that the Committee may be 
discharged. 

Should the Assembly approve the work submitted, it may appear to 
some members that its adoption should be referred to the Presbyteries. 
It seems expedient, therefore, to call to mind the process by which the 
proof -texts that have been used for a century were adopted. A state - 

*See Resolution No. 2, p. 26. 



26 HISTORICAL DOCUMENTS. 

ment of this, given in the report of 1891 {Minutes, p. 132), appears on 
pp. 7-9 of the Sample Pamphlet. An authorized record of it is in 
Moore's Digest, (1886) Book i, Chap, i, 9 a. b. c. These proof -texts were 
the work of a Committee appointed by the Assembly of 1792, which the 
Assembly of 1794 approved and confided to a Committee especially 
appointed for the purpose, which was to prepare the same for the press, 
agree with the printer for publication, and superintend the printing and 
vending of the same. The second Committee was obviously the expe- 
dient of that time for doing what the Church has since then created the 
Board of Publication to do. This was doing as had been done with the 
original Westminster proof -texts, which were reported by the Westmin- 
ster Assembly to Parliament and adopted by the latter. 

These precedents make it plain that the adoption of the present work 
should take place in the same way, viz. , by action of the Assembly to 
that effect. Adopted in that way, the proof -texts will continue to have 
the same relation to the text of the Standards that such proof -texts have 
always had. And this, it is supposed, was the intention in undertaking 
the present work. 

Understanding the matter so, your Committee cherishes the hope that 
its work will now be adopted by this Assembly and that the Committee 
may be discharged. It has existed and labored for six years; an unex- 
pected duration. In that period God has called to heaven two of the 
members appointed on this Committee, viz., Drs. Crosby and Welch. It 
is reason for wonder and gratitude that all but one of those appointed in 
1888 still survive. The unexpected duration of this work has provi- 
dentially brought us to the exact centennial of the adoption of the 
proof -texts that have hitherto been printed with the Standards of our 
Church. This is a very interesting coincidence, which every one may 
point out in his own way. The Assembly will say whether it shall be 
signalized by beginning another century with the proof -texts as revised 
and amended by the work of this Committee. 

The Committee respectfully offers for adoption the following recom- 
mendations : 

1. That the General Assembly adopt the proof -texts for the Confession 
of Faith, the Larger Catechism and the Shorter Catechism as the same 
have been prepared by the Committee on Proof -texts, and authorize the 
same to be printed henceforth instead of those heretofore authorized to be 
printed with the Church's Standards. 

2. That the General Assembly require the editing of the said proof- 
texts to conform precisely in text and punctuation to the best and 
standard edition of the English Bible, printed by the American Bible 
Society, except where the Board of Publication shall order otherwise. 

3. That the General Assembly require the said proof -texts to be 
printed with the text of the Confession of Faith and of the Larger 
Catechism in the way recommended by the Committee on Proof -texts in 
its report to the Assembly of 1891 (see Minutes, pp. 131, 132), and as 
the same is set forth, pp. 6, 7, of the Sample Pamphlet; and with the 
text of the Shorter Catechism, as they appear in the Sample Pamphlet 
that accompanies this report, subject to the standard of printing the 
Bible that the Assembly shall adopt. 

That this report be spread on the minutes of the General Assembly. 
5. That the Committee on Proof -texts be discharged. — 1894, pp. 
157-160. 



SEPARATIONS AND REUNIONS. 27 

V. SEPARATIONS AND REUNIONS. 

I. 1. Withdrawal of the Synod of New York, 1745. 

[Note. — In 1745 sundry ministers and elders of the Presbyteries of New York, New- 
Brunswick and New Castle withdrew from the Synod of Philadelphia, and formed 
themselves into a Synod under the name and title of the Synod of New York.] 

The following articles were agreed upon as 

THE PLAN AND FOUNDATION OF THEIR SYNODICAL UNION. 

1. They agree that the Westminster Confession of Faith, with the 
Larger and Shorter Catechisms, be the public confession of their faith 
in such manner as was agreed unto by the Synod of Philadelphia, in the 
year 1729; and to be inserted in the latter end of this book. And they 
declare their approbation of the Directory of the Assembly of Divines 
at Westminster, as the general plan of worship and discipline. 

2. They agree that in matters of discipline, and those things that 
relate to the peace and good order of our churches, they shall be deter- 
mined according to the major vote of ministers and elders, with which 
vote every member shall actively concur or pacifically acquiesce; but if 
any member cannot in conscience agree to the determination of the 
majority, but supposes himself obliged to act contrary thereunto, and 
the Synod think themselves obliged to insist upon it as essentially neces- 
sary to the well-being of our churches, in that case such dissenting mem- 
ber promises peaceably to withdraw from the body without endeavoring 
to raise any dispute or contention upon the debated point, or any unjust 
alienation of affection from them. 

3. If any member of their body supposes that he hath anything to 
object against any of his brethren with respect to error in doctrine, immo- 
rality in life, or negligence in his ministry, he shall not, on any account, 
propagate the scandal until the person objected against is dealt with 
according to the rules of the gospel, and the known methods of their 
discipline. 

4. They agree, that all who have a competent degree of ministerial 
knowledge, are orthodox in their doctrine, regular in their lives, and 
diligent in their endeavors to promote the important designs of vital 
godliness, and that will submit to their discipline, shall be cheerfully 
admitted into their communion. 

And they do also agree, that in order to avoid all divisive methods 
among their ministers and congregations, and to strengthen the discipline 
of Christ in the churches in these parts, they will maintain a correspon- 
dence with the Synod of Philadelphia in this their first meeting, by 
appointing two of their members to meet with the said Synod of Phila- 
delphia at their next convention, and to concert with them such measures 
as may best promote the precious interests of Christ's kingdom in these 
parts. —Records, 1745, pp. 233, 234. 

[Note. — For subsequent actions of the Synod of New York until the Reunion, in 
1758, see Records, 1749, pp. 238, 239 : 1750, pp. 240, 241, 243; 1756, p. 272; 1757, p. 279, 
and Baird's Digest, pp. 609-613.] 

2. The Reunion of 1758 : forming the Synod of New York and 
Philadelphia. 

The two Synods of Philadelphia and New York, reunited in 1758, 
May 29, when the following Plan of Union was adopted, viz. : 

The Synods of New York and Philadelphia taking into serious consid- 



28 HISTORICAL DOCUMENTS. 

eration the present divided state of the Presbyterian Church in this land, 
and being deeply sensible that the division of the Church tends to weaken 
its interests, to dishonor religion, and consequently its glorious Author; 
to render government and discipline ineffectual, and finally to dissolve 
its very frame; and being desirous to pursue such measures as may most 
tend to the glory of God and the establishment and edification of His 
people, do judge it to be our indispensable duty to study the things that 
make for peace, and to endeavor the healing of that breach which has 
for some time subsisted amongst us, that so its hurtful consequences may 
not extend to posterity; that all occasion of reproach upon our society 
may be removed, and that we may carry on the great designs of religion 
to better advantage than we can do in a divided state; and since both 
Synods continue to profess the same principles of faith, and adhere to 
the same form of worship, government and discipline, there is the greater 
reason to endeavor the compromising those differences which were 
agitated many years ago with too great warmth and animosity, and unite 
in one body. 

For which end, and that no jealousies or grounds of alienation may 
remain, and also to prevent future breaches of like nature, we agree to 
unite and do unite in one body, under the name of the Synod of New 
York and Philadelphia, on the following plan: 

I. Both Synods having always approved and received the Westminster 
Confession of Faith and Larger and Shorter Catechisms as an orthodox 
and excellent system of Christian doctrine founded on the word of God, 
we do still receive the same as the confession of our faith, and also 
adhere to the plan of worship, government and discipline contained in 
the Westminster Directory, strictly enjoining it on all our members and 
probationers for the ministry, that they preach and teach, according to 
the form of sound words in said Confession and Catechisms, and avoid 
and oppose all errors contrary thereto. 

II. That when any matter is determined by a major vote, every member 
shall either actively concur with or passively submit to such determina- 
tion; or if his conscience permit him to do neither, he shall, after 
sufficient liberty modestly to reason and remonstrate, peaceably withdraw 
from our communion without attempting to make any schism. Provided 
always that this shall be understood to extend only to such determina- 
tion as the body shall judge indispensable in doctrine or Presbyterian 
government. 

III. That any member or members, for the exoneration of his or their 
conscience before God, have a right to protest against any act or proce- 
dure of our highest judicature, because there is no further appeal to 
another for redress; and to require that such protestation be recorded in 
their minutes. And as such a protest is a solemn appeal from the bar of 
said judicature, no member is liable to prosecution on the account of his 
protesting. Provided always that it shall be deemed irregular and 
unlawful to enter a protestation against any member or members, or to 
protest facts or accusations instead of proving them, unless a fair trial be 
refused, even by the highest judicature. And it is agreed, that protesta- 
tions are only to be entered against the public acts, judgments or 
determinations of the judicature with which the protester's conscience is 
offended. 

IV. As the protestation entered in the Synod of Philadelphia, Ann. 
Dom. 1741, has been apprehended to have been approved and received 



SEPARATIONS AND REUNIONS. 29 

by an act of said Synod, and on that account was judged a sufficient 
obstacle to an union; the said Synod declare that they never judicially 
adopted the said protestation, nor do account it a Synodical act, but 
that it is to be considered as the act of those only who subscribed it; and 
therefore cannot in its nature be a valid objection to the union of the 
two Synods, especially considering that a very great majority of both 
Synods have become members since the said protestation was entered. 

V. That it shall be esteemed and treated as a censurable evil, to 
accuse any member of heterodoxy, insufficiency or immorality in a 
calumniating manner, or otherwise than by private brotherly admonition, 
or by a regular process according to our known rules of judicial trial in 
cases of scandal. And it shall be considered in the same view if any 
Presbytery appoint supplies within the bounds of another Presbytery 
without their concurrence; or if any member officiate in another's con- 
gregation without asking and obtaining his consent, or the session's in 
case the minister be absent; yet it shall be esteemed unbrotherly for any 
one, in ordinary circumstances, to refuse his consent to a regular member 
when it is requested. 

VI. That no Presbytery shall license or ordain to the work of the min- 
istry, any candidate, until he give them competent satisfaction as to his 
learning, and experimental acquaintance with religion, and skill in 
divinity and cases of conscience; and declare his acceptance of the 
Westminster Confession and Catechisms as the confession of his faith, 
and promise subjection to the Presbyterian plan of government in the 
Westminster Directory. 

VII. The Synods declare it is their earnest desire that a complete 
union may be obtained as soon as possible, and agree that the united 
Synod shall model the several Presbyteries in such manner as shall 
appear to them most expedient. Provided, nevertheless, that Presby- 
teries, where an alteration does not appear to be for edification, continue 
in their present form. As to divided congregations, it is agreed that 
such as have settled ministers on both sides be allowed to continue as 
they are; that where those of one side have a settled minister, the other 
being vacant, may join with the settled minister, if a majority choose so 
to do; that when both sides are vacant they shall be at liberty to unite 
together. 

VIII. As the late religious appearances occasioned much speculation 
and debate, the members of the New York Synod, in order to prevent 
any misapprehensions, declare their adherence to their former sentiments 
in favor of them, that a blessed work of God's Holy Spirit in the con- 
version of numbers was then carried on; and for the satisfaction of all 
concerned, this united Synod agree in declaring that as all mankind are 
naturally dead in trespasses and sins, an entire change of heart and life 
is necessary to make them meet for the service and enjoyment of God; 
that such a change can be only effected by the powerful operations of 
the Divine Spirit; that when sinners are made sensible of their lost 
condition and absolute inability to recover themselves, are enlightened in 
the knowledge of Christ and convinced of his ability and willingness to 
save, and upon gospel encouragements do choose him for their Saviour, 
and renouncing their own righteousness in point of merit, depend upon 
his imputed righteousness for their justification before God, and on his 
wisdom and strength for guidance and support; when upon these appre- 
hensions and exercises their souls are comforted, notwithstanding all their 



30 HISTORICAL DOCUMENTS. 

past guilt, and rejoice in God through Jesus Christ; when they hate and 
bewail their sins of heart and life, delight in the laws of God without 
exception, reverentially and diligently attend his ordinances, become 
humble and self -denied, and make it the business of their lives to please 
and glorify God and to do good to their fellow -men — this is to be 
acknowledged as a gracious work of God, even though it should be 
attended with unusual bodily commotions or some more exceptionable 
circumstances, by means of infirmity, temptations or remaining corrup- 
tions; and wherever religious appearances are attended with the good 
effects above mentioned, we desire to rejoice in and thank God for them. 
But, on the other hand, when persons seeming to be under a religious 
concern, imagine that they have visions of the human nature of Jesus 
Christ, or hear voices, or see external lights, or have fainting and con- 
vulsion-like fits, and on the account of these judge themselves to be truly 
converted; though they have not the Scriptural characters of a work of 
God above described, we believe such persons are under a dangerous 
delusion; and we testify our utter disapprobation of such a delusion, 
wherever it attends any religious appearances, in any Church or time. 

Now as both Synods are agreed in their sentiments concerning the 
nature of a work of grace, and declare their desire and purpose to promote 
it,' different judgments respecting particular matters of fact ought not to 
prevent their union; especially as many of the present members have en- 
tered into the ministry since the time of the aforesaid religious appearances. 

Upon the whole, as the design of our union is the advancement of the 
Mediator's kingdom, and as the wise and faithful discharge of the 
ministerial function is the principal appointed means for that glorious end, 
we judge that this is a proper occasion to manifest our sincere intention 
unitedly to exert ourselves to fulfill the ministry we have received of the 
Lord Jesus. Accordingly, we uuanimously declare our serious and fixed 
resolution, by divine aid, to take heed to ourselves that our hearts be 
upright, our discourse edifying, and our lives exemplary for purity and 
godliness; to take heed to our doctrine, that it be not only orthodox, but 
evangelical and spiritual, tending to awaken the secure to a suitable con- 
cern for their salvation, and to instruct and encourage sincere Christians, 
thus commending ourselves to every man's conscience in the sight of 
God; to cultivate peace and harmony among ourselves, and strengthen 
each other's hands in promoting the knowledge of divine truth, and 
diffusing the savor of piety among our people. 

Finally, we earnestly recommend it to all under our care, that instead 
of indulging a contentious disposition, they would love each other with 
a pure heart fervently, as brethren who profess subjection to the same 
Lord, adhere to the same faith, worship and government, and entertain 
the same hope of glory. And we desire that they would improve the 
present union for their mutual edification, combine to strengthen the com- 
mon interests of religion, and go hand in hand in the path of life; which 
we pray the God of all grace would please to effect, for Christ's sake. 
Amen. 

The Synod agree, that all former differences and disputes are laid 
aside and buried ; and that no future inquiry or vote shall be proposed in 
this Synod concerning these things; but if any member seek a Synodical 
inquiry or declaration about any of the matters of our past differences, 
it shall be deemed a censurable breach of this agreement, and be refused, 
and he be rebuked accordingly. — 1758, pp. 285, 288. 



SEPARATIONS AND REUNIONS. 31 

II. THE SEPARATION OF 1837. 
1. The excluding act of 1837. 

[See Baird's Digest, rev. ed., pp. 715-770; and Minutes, 1837, pp. 419-488. 

The plan of Union of 1801, with the Congregational Churches, was abrogated. — 
1837, pp. 420^22. 

By the operation of the abrogation of the Plan of Union of 1801, the Synod of the 
Western Reserve was declared to be no longer a part of the Presbyterian Church in 
the United States of America.— 1837. p. 440. 

The Synods of Utica, Geneva and Genesee, which were formed and attached to 
this body under and in execution of said " Plan of Union," were declared to be out of 
the ecclesiastical connection of the Presbyterian Church in the United States of 
America, and not in form or in fact an integral portion of said Church.— 1837, p. 444.] 

2. The Division of the Church. 

Tivo General Assemblies organized. 

[See Baird's Digest, rev. ed., pp. 770-784 ; and Minutes, 1838, pp. 3, 7, 19, O. S. 
Also Minutes, 1838, pp. 635-645, N. S. 

Thenceforth until 1869 the two Assemblies met as independent bodies. 
For the relations of the two Assemblies prior to reunion see Digest, 1886, pp. 57, 58 ; 
and Minutes, 1849, pp. 174, 175 ; 1850, p. 306, N. S. ; 1850, p. 467, O. S.] 

III. THE REUNION OF 1869. 
1. Initiation of correspondence between the Assemblies. 

a. In the General Assembly of the Presbyterian Church in the United 
States of America, in session at Columbus, Ohio, the matter of a frater- 
nal correspondence by commissioners, with the General Assembly of the 
Presbyterian Church (New School), in session at Cincinnati, Ohio, being 
duly considered, is decided as follows: 

this Assembly, having considered certain overtures sent to it by a few 
of the Presbyteries under its care, proposing that steps should be taken 
by it towards an organic union between this Church and the Church 
under the care of the Presbyterian General Assembly (New School) ; and 
having determined against the course proposed in said overtures, has also 
been informed that the other General Assembly has, about the same time, 
come to a similar conclusion on similar overtures laid before it by a 
certain number of its own Presbyteries. Of its own motion, this General 
Assembly, considering the time to have come for it to take the initiative 
in securing a better understanding of the relations which it judges are 
proper to be maintained between the two General Assemblies, hereby 
proposes that there shall be a stated, annual, and friendly interchange of 
Commissioners between the two General Assemblies; each body sending 
to the other one minister and one ruling elder, as Commissioners, year 
by year; the said Commissioners to enjoy such privileges, in each body 
to which they are sent, as are common to all those now received by this 
body from other Christian denominations. 

the Moderator of this Assembly will communicate this Deliverance to 
the Moderator of the other Assembly, to be laid before it with our 
Christian salutations.— 1862, pp. 633, 634, O. S. 

[This action was communicated to the Assembly, N. S., of 1863, 
whose response was as follows.] 

b. The Committee, to whom was referred the communication from 
the General Assembly of the Presbyterian Church in the United States 
of America, that met at Columbus, Ohio, in May, 1862, addressed to 
this General Assembly, and proposing " a stated, annual, and friendly 
interchange of Commissioners between the two General Assemblies," 
recommend the adoption of the following resolutions: 



32 HISTORICAL DOCUMENTS. 

Resolved, 1. That this Assembly, with heartfelt pleasure and Christian 
salutations, accept the proposition thus made, hoping and praying, that 
it may result " in securing a better understanding of the relations," 
which, in the judgment of this Assembly, ' ' are proper to be maintained 
between the two Assemblies. " 

2. That, in accordance with the suggestion of the Moderator of the 
Assembly that met at Columbus, Ohio, in May, 1862, that this inter- 
change of Commissioners should commence at the earliest practicable 
period, the Rev. Robert W. Patterson, D.D. , and the Hon. William H. 
Brown, Principals, and the Rev. Arthur Swazey and Mr. Oliver H. Lee, 
Alternates, all of the Presbytery of Chicago, be appointed Commissioners, 
to represent this General Assembly in the General Assembly now in 
session at Peoria, 111. 

3. That it be suggested that future General Assemblies of the two 
branches of the Presbyterian Church in the United States hereafter 
designate each other respectively by the places in which their sessions are 
appointed to be held. 

4. That a certified copy of this action be at once transmitted to the 
Moderator of the General Assembly now in session at Peoria, 111. , and 
that the Commissioners appointed be requested to repair to that body, 
and express to them the fraternal and Christian regards of this General 
Assembly.— 1863, p. 230, N. S. 

2. Action of the Assemblies looking to reunion— Committee appointed. 

a. Overture of the Old School Assembly. 

The Committee of Bills and Overtures report Overture No. 10, on 
the subject of the reunion of the two branches of the Presbyterian 
Church, from the Presbyteries of Leavenworth, Muncie, New Lisbon, 
Madison, Erie and Oxford. These Presbyteries ask the Assembly to 
take measures at this Session to secure, at an early day, the organic 
union of the two bodies whose General Assemblies are now in session in 
this city. 

The Committee recommend the adoption of the following resolutions: 

Resolved, 1. That this Assembly expresses its fraternal affection for 
the other branch of the Presbyterian Church, and its earnest desire for 
reunion at the earliest time consistent with agreement in doctrine, order 
and polity, on the basis of our common Standards, and the prevalence of 
mutual confidence and love which are necessary to a happy union, and 
to the permanent peace and prosperity of the united Church. 

Resolved, 2. That it be recommended to all our churches and church 
courts, and to all our ministers, ruling elders, and communicants, to 
cherish fraternal feelings, to cultivate Christian intercourse, in the wor- 
ship of God and in the promotion of the cause of Christ, and to avoid 
all needless controversies and competitions adapted to perpetuate division 
and strife. 

Resolved, 3. That a Committee of nine ministers and six ruling elders 
be appointed, provided that a similar Committee shall be appointed by 
the other Assembly now in session in this city, for the purpose of con- 
ferring in regard to the desirableness and practicability of reunion, and 
if, after conference and inquiry, such reunion shall seem to be desirable 
and practicable, to suggest suitable measures for its accomplishment, 
and report to the next General Assembly. — 1866, p. 44, 0. S. 



SEPARATIONS AND REUNIONS. 33 

b. Response of the N. S. Assembly. 

The Committee on the Polity of the Church reported on several over- 
tures relating to Reunion with the Other Branch of the Presbyterian 
Church. The report was unanimously adopted, and is as follows: 

The Committee on the Polity of the Church report overtures, num- 
bered 5 to 16, on the subject of the Reunion of the two branches of the 
Presbyterian Church: from the Presbyteries of New York, 3d, and New 
York, 4th, Newark, Dubuque, Greencastle, Alton, Steuben, Athens, 
Monroe, Keokuk, Long Island, Trumbull and San Jose. All these 
Presbyteries, with different degrees of urgency, recommend to this 
Assembly to initiate, or to respond to, proposals looking to an entire 
Reunion of the churches represented by the two General Assemblies 
now in session in the city of St. Louis. 

The General Assembly now in session at the Second Presbyterian 
Church of this city has also adopted resolutions appointing a Committee 
to confer with a similar Committee of our own Church in regard to the 
desirableness and practicability of such Reunion. 

Your Committee recommend to this Assembly the adoption of the 
following resolutions : 

Resolved, That this Assembly tender to the Assembly representing 
the Other Branch of the Presbyterian Church, its cordial Christian 
salutations and fellowship, and the expression of its earnest wish for 
Reunion, on the basis of our common Standards, received in a common 
spirit. 

Resolved, That a Committee of fifteen, nine of whom shall be minis- 
ters of the Gospel, and six ruling elders, be appointed to confer on this 
subject, in the recess of the Assemblies, with the Committee to be 
appointed by the other General Assembly, and to report the results to 
the next General Assembly. 

Resolved, That we enjoin upon this Committee, and upon all our 
ministers and church members to abstain from whatever may hinder a 
true Christian fellowship, and to cherish and cultivate those feelings and 
purposes which look to the peace and prosperity of Zion, the edifying 
of the body of Christ, and the complete union of all believers, especially 
of those who live in the same land, and have the same history, and the 
same Standards of Doctrine and Polity. 

Resolved, That a copy of these resolutions, with the names of our 
Committee, be sent to the other General Assembly now in session in this 
city.— 1866, pp. 273, 274, N. S. 

C. Committees on Reunion, 1866. 

1. Old School. 

Ministers— J. M. Krebs, D.D., of the Synod of New York, C. C. 
Beatty, D.D., of the Synod of Wheeling, J. T. Backus, D.D., of the 
Synod of Albany, P. D. Gurlev, D.D., of the Synod of Baltimore, J. 
G. Monfort, D.D., of the Synod of Cincinnati, W. D. Howard, D.D., 
of the Synod of Pittsburg, W. E. Schenck, D.D., of the Synod of 
Philadelphia, Villeroy D. Reed, D.D., of the Synod of New Jersey, 
F. T. Brown, D.D., of the Synod of Chicago. Ruling Elders — James 
M. Ray, of the Synod of Northern Indiana, Robert McKnight, of the 
Synod of Allegheny, Samuel Galloway, of the Synod of Ohio, H. K. 
Clarke, of the Synod of Sandusky, George P. Strong, of the Synod of 
Missouri, Ormond Beatty, of the Synod of Kentucky, — 1866, p. 48, O. S. 
3 



34 HISTORICAL DOCUMENTS. 

2. New School. 

Ministers — Thomas Brainerd, D.D., Chairman; William Adams> 
D.D., Edwin F. Hatfield, D.D., Jonathan F. Stearns, D.D., Philemon 
H. Fowler, D.D., James B. Shaw, D.D., Henry L. Hitchcock, D.D., 
Robert W. Patterson, D.D., and Henry A. Nelson, D.D., with Ruling 
Elders — Joseph Allison, LL.D., Henry W. Williams, LL.D., and 
Messrs. Truman P. Handy, Edward A. Lambert, Robert W. Steele and 
William H. Brown.— 1866, p. 278, 1ST. S. 

[The joint Committees thus constituted reported to the Assemblies of 
1867.] 

3. Terms of Reunion of the Assemblies of 1867 and 1868. 

[The terms of reunion proposed by the Joint Committee on Reunion 
appointed in 1866, and continued by the Assemblies of 1867 and 1868, 
were sent down to the Presbyteries by both the Old and the New School 
Assemblies. Of the Old School Presbyteries, only 110 sent up answers, 
and these indicated " an unsettled and fluctuating judgment, probably 
without a parallel in the history of our Church." Of the New School 
Presbyteries, 100 were in the affirmative, and 4 in the negative.] 

[Note. — See for the entire history of this subject, with the protest in the Old School 
Assembly 1869, of Dr. E. P. Humphrey and others, and the answer to the protest, by 
Dr. W. G. T. Shedd and others.— Digest of 1886, pp. 70-90.J 

4, General Assemblies of 1869 at New York. 

A new Joint Committee appointed. 

a. [On the first day of the session.] 

On motion of Dr. Musgrave, the following was unanimously adopted: 
Resolved, That a Committee of Conference, consisting of five minis- 
ters and five ruling elders, be appointed to confer with a similar Com- 
mittee, if appointed by the other General Assembly now in session in 
this city, on the subject of the Reunion of the two branches of the 
Presbyterian Church; to report during the present sessions, and at as 
early a day as practicable, what further action, if any, should be taken 
on the subject. 

The Moderator appointed as said Committee: Ministers — George W. 
Musgrave, D.D., A. G. Hall, D.D., L. H. Atwater, D.D., Willis 
Lord, D.D., and Henry R. Wilson, D.D. Ruling Elders — Robert 
Carter, J. C. Grier, Charles D. Drake, Henry Day and William M. 
Francis.— 1869, p. 890, O. S. 

b. Resolved, That a Committee of five ministers and five elders be 
appointed to-morrow morning by the Moderator, to confer with any like 
Committee of the Assembly of the Other Branch, on the subject of 
Reunion. 

Ministers — William Adams, D.D., Robert W. Patterson, D.D., 
Samuel W. Fisher, D. D. , LL. D. , Jonathan F. Stearns, D. D. , James 
B. Shaw, D.D. Ruling Elders — Hon. William Strong, Hon. Daniel 
Haines, Hon. William E. Dodge, Hon. Jacob S. Farrand, Hon. John 
L. Knight.— 1869, pp. 252, 257, N. S. 

5. The Report of the Joint Committee presented in both Assemblies, 1869. 

The Committee of Conference appointed by the two General Assem- 
blies has attended to the duty assigned to it; and after a very free 
interchange of views, with prayer to Almighty God for His guidance, is 



SEPARATIONS AND REUNIONS. 35 

unanimous in recommending to the Assemblies for their consideration, 
and, if they see fit, their adoption, the accompanying three papers, to wit: 

1. Plan of Keunion of the Presbyterian Church in the United States 
of America; 

2. Concurrent Declarations of the General Assemblies of 1869; and 

3. Recommendation of a Day of Prayer. 

I. Plan of Reunion of the Presbyterian Church in the 
United States of America. 

Believing that the interests of the Redeemer's kingdom would be 
promoted by the healing of our divisions, and that the two bodies bear- 
ing the same name, having the same Constitution, and each recognizing 
the other as a sound and orthodox body according to the principles of 
the Confession common to both, cannot be justified by any but the most 
imperative reasons in maintaining separate and, in some respects, rival 
organizations; we are now clearly of the opinion that the reunion of 
those bodies ought, as soon as the necessary steps can be taken, to be 
accomplished, upon the basis hereinafter set forth: 

1. The Presbyterian Churches in the United States of America, name- 
ly, that whose General Assembly convened in the Brick Church in the 
city of New York, on the 20th day of May, 1869, and that whose 
General Assembly met in the Church of the Covenant in the said city, 
on the same day, shall be reunited as one Church, under the name and 
style of the Presbyterian Church in the United States of America, pos- 
sessing all the legal and corporate rights and powers pertaining to the 
Church previous to the division in 1838, and all the legal and corporate 
rights and powers which the separate Churches now possess. 

2. The Reunion shall be effected on the doctrinal and ecclesiastical 
basis of our common Standards; the Scriptures of the Old and New 
Testaments shall be acknowledged to be the inspired Word of God, and 
the only infallible rule of faith and practice ; the Confession of Faith 
shall continue to be sincerely received and adopted as containing the 
system of doctrine taught in the Holy Scriptures; and the Government 
and Discipline of the Presbyterian Church in the United States shall be 
approved as containing the principles and rules of our polity. 

3. Each of the said Assemblies shall submit the foregoing basis to its 
Presbyteries, which shall be required to meet on or before the 15th day 
of October, 1869, to express their approval or disapproval of the same, 
by a categorical answer to the following question : 

Do you approve of the reunion of the two bodies now claiming the 
name and rights of the Presbyterian Church in the United States of 
America, on the following basis, namely : ' ' The reunion shall be effected 
on the doctrinal and ecclesiastical basis of our common Standards; the 
Scriptures of the Old and New Testaments shall be acknowledged to be 
the inspired Word of God, and the only infallible rule of faith and prac- 
tice; the Confession of Faith shall continue to be sincerely received and 
adopted as containing the system of doctrine taught in the Holy Scrip- 
tures; and the Government and Discipline of the Presbyterian Church 
in the United States shall be approved as containing the principles and 
rules of our polity ?" 

Each Presbytery shall, before the 1st day of November, 1869, 
forward to the Stated Clerk of the General Assembly with which it is 
connected, a statement of its vote on the said Basis of Reunion. 



36 HISTORICAL DOCUMENTS. 

4. The said General Assemblies now sitting shall, after finishing their 
business, adjourn, to meet in the city of Pittsburg, Pennsylvania, on the 
second Wednesday of November, 1869, at eleven o'clock A.M. 

If the two General Assemblies shall then find and declare that the 
above-named Basis of Reunion has been approved by two -thirds of the 
Presbyteries connected with each branch of the Church, then the same 
shall be of binding force, and the two Assemblies shall take action 
accordingly. 

5. The said General Assemblies shall then and there make provision 
for the meeting of the General Assembly of the United Church on the 
third Thursday of May, 1870. The Moderators of the two present 
Assemblies shall jointly preside at the said Assembly of 1870 until 
another Moderator is chosen. The Moderator of the Assembly now 
sitting at the Brick Church aforesaid, shall, if present, put all votes, 
and decide questions of order; and the Moderator of the other Assembly 
shall, if present, preach the opening sermon ; and the Stated Clerks of 
the present Assemblies shall act as Stated Clerks of the Assembly of 
the united Church until a Stated Clerk or Clerks shall have been chosen 
thereby; and no Commissioner shall have a right to vote or deliberate in 
said Assembly until his name shall have been enrolled by the said 
Clerks, and his commission examined and filed among the papers of the 
Assembly. 

6. Each Presbytery of the separate Churches shall be entitled to the 
same representation in the Assembly of the united Church in 1870 as it 
is entitled to in the Assembly with which it is now connected. 

II. Concurrent Declarations of the General Assemblies 

of 1869. 

As there are matters pertaining to the interests of the Church when it 
shall have become reunited, which will manifestly require adjustment on 
the coming together of two bodies which have so long acted separately, 
and concerning some of which matters it is highly desirable that there 
should be a previous good understanding, the two Assemblies agree to 
adopt the following declarations, not as articles of compact or covenant, 
but as in their judgment proper and equitable arrangements, to wit: 

1. All the ministers and churches embraced in the two bodies should 
be admitted to the same standing in the united body, which they may 
have held in their respective connections, up to the consummation of the 
union. 

2. Imperfectly organized churches are counseled and expected to 
become thoroughly Presbyterian, as early within the period of five years 
as may be permitted by the highest interests to be consulted; and no 
other such churches shall be hereafter received. 

3. The boundaries of the several Presbyteries and Synods should be 
adjusted by the General Assembly of the united Church. 

4. The official records of the two branches of the Church, for the 
period of separation, should be preserved and held as making up the 
one history of the Church; and no rule or precedent, which does not 
stand approved by both the bodies, should be of any authority, until 
reestablished in the united body, except in so far as such rule or prece- 
dent may affect the rights of property founded thereon. 

5. The corporate rights, now held by the two General Assemblies, 



SEPARATIONS AND REUNIONS. Si 

and by their Boards and Committees, should, as far as practicable, be 
consolidated, and applied for their several objects, as defined by law. 

6. There should be one set of Committees or Boards for Home and 
Foreign Missions, and the other religious enterprises of the Church; 
-which the churches should be encouraged to sustain, though free to cast 
their contributions into other channels, if they desire to do so. 

7. As soon as practicable after the union shall have been effected, the 
General Assembly should reconstruct and consolidate the several Perma- 
nent Committees and Boards, which now belong to the two Assemblies, 
so as to represent, as far as possible, with impartiality, the views and 
wishes of the two bodies constituting the united Church. 

8. The publications of the Board of Publication and of the Publica- 
tion Committee should continue to be issued as at present, leaving it to 
the Board of Publication of the united Church to revise these issues. 
and perfect a catalogue for the united Church so as to exclude invidious 
references to past controversies. 

9. In order to a uniform system of ecclesiastical supervision, those 
theological Seminaries that are now under Assembly control, may, if 
their Boards of Direction so elect, be transferred to the watch and care 
of one or more of the adjacent Synods; and the other seminaries are 
advised to introduce, as far as may be, into their Constitutions, the 
principle of Synodical or Assembly supervision ; in which case they shall 
be entitled to an official recognition and approbation on the part of the 
General Assembly. 

10. It should be regarded as the duty of all our judicatories, minis- 
ters, and people of the united Church, to study the things which make 
for peace, and to guard against all needless and offensive references to 
the causes that have divided us ; and, in order to avoid the revival of 
past issues, by the continuance of any usage, in either branch of the 
Church that has grown out of former conflicts, it is earnestly recom- 
mended to the lower judicatories of the Church that they conform their 
practice in relation to all such usages, as far as is consistent with their 
convictions of duty, to the general custom of the Church prior to the 
controversies that resulted in the separation. 

III. Reco^oiendatiox of a Day of Prayer. 

That the counsels of infinite Wisdom may guide our decisions, and 
the blessings of the great Head of the Church rest upon the result of 
our efforts for Reunion, it is earnestly recommended to the churches 
throughout both branches of the Presbyterian Church, that they observe 
the second Sabbath in September, 1869, as a day of fervent and united 
prayer to Almighty God, that he would grant unto us all " the spirit of 
counsel and might, the spirit of knowledge and of the fear of the 
Lord, ' ' and in the new relations now contemplated, enable us to " keep 
the unity of the Spirit in the bond of peace." 

[The foregoing report was adopted by the Old School Assembly, 
by a vote of yeas 285, nays 9 (p. 914) ; by the Xew School Assembly 
unanimously (p. 275), when it was:] 

a. Re-solved, That in pursuance of the foregoing action of this General 
Assembly, the Basis of Reunion now adopted be sent down to the Pres- 
byteries for their approval or disapproval, and each Presbytery is hereby 
required to meet on or before the 15th day of October, 1869, to express 



38 HISTORICAL DOCUMENTS. 

its approval or disapproval of the same by a categorical answer to the 
following question: 

Do you approve of the Reunion of the two bodies now claiming the 
name and rights of the Presbyterian Church in the United States of 
America, on the following basis, viz. : ' ' The Reunion shall be effected 
on the doctrinal and ecclesiastical basis of our common Standards; the 
Scriptures of the Old and New Testaments shall be acknowledged to be 
the inspired Word of God, and the only infallible rule of faith and prac- 
tice; the Confession of Faith shall continue to be sincerely received and 
adopted as containing the system of doctrine taught in the Holy Scrip- 
tures; and the Government and Discipline of the Presbyterian Church 
in the United States shall be approved as containing the principles and 
rules of our polity ?' ' 

Each Presbytery is also hereby required, before the first day of Novem- 
ber, 1869, to forward to the Stated Clerk of this General Assembly a 
statement of its vote on the said Basis of Reunion. — 1869, pp. 916, 
917, O. S. 

b. Resolved, That this Assembly does hereby submit to the Presbyteries 
in connection with it the Basis of Reunion adopted May 27, 1869; and 
that the Presbyteries be required to meet on before October 15, 1869, 
to express their approval or disapproval of the same by a categorical 
answer to the following question: 

Do you approve of the Reunion of the two bodies now claiming the 
name and rights of the Presbyterian Church in the United States of 
America, on the following basis, namely : ' ' The Reunion shall be effected 
on the doctrinal and ecclesiastical basis of our common Standards; the 
Scriptures of the Old and New Testaments shall be acknowledged to be 
the inspired Word of God, and the only infallible rule of faith and prac- 
tice; the Confession of Faith shall continue to be sincerely received and 
adopted as containing the system of doctrines taught in the Holy Scrip- 
tures; and the Government and Discipline of the Presbyterian Church 
in the United States shall be approved as containing the principles and 
rules of our polity ?" 

Resolved, That each Presbytery shall, before the first day of November, 
1869, forward to the Stated Clerk of the General Assembly a statement 
of its vote on the said Basis of Reunion. — 1869, p. 283, N. S. 

|Tn accordance with the plan adopted above, the two Assemblies 
adjourned to meet in Pittsburg, Pa., Nov. 10, A.D. 1869, at 11 o'clock 
A.M., the one in the First Churchy the other in the Third Church.] 

6. Adjourned meetings of the Assemblies at Pittsburg, 1869. 

a. The report of the Stated Clerk of the Assembly, O. S., Rev. A. 
T. McGill, D.D., on the vote of the Presbyteries, was read and 
amended, so as simply to give the result of the vote, after which it was 
adopted, and is as follows: 

The Presbyteries in connection with this General Assembly have all 
reported in writing, on the overture of Reunion, as ordered in the Brick 
Church, at New York, except the following eleven, viz. , Austin, Coris- 
co, Knox, Knoxville, Maury, Milwaukee, Ogdensburg, Shantung, Siam, 
Stockton and Western Africa. The Stated Clerk of the Sante Fe 
Presbytery has reported by letter that it is impossible for this Presbytery 
to have a meeting, in present circumstances. The Presbyteries of 
Allahabad and Canton, being unable to meet within the time specified. 



SEPARATIONS AND REUNIONS. 39 

have sent circulars, signed by a majority of each, to indicate the will of 
the Presbytery, in favor of Reunion, as now proposed; but these are not 
counted in declaring the result. Another Presbytery, Lahore, formed 
by the Synod of Northern India, in December last, but not regularly 
reported as yet, by any officer of that Synod, has sent its answer to this 
overture, in written form, and this has been counted, on the presumption 
that the Assembly will recognize, at this meeting, the existence of that 
Presbytery on the roll. 

We have thus one hundred and forty -four Presbyteries. One hundred 
and twenty -six of these have answered the overture sent down affirma- 
tively, in writing. Three, viz., Hudson, Rio de Janeiro, and West 
Lexington, have answered in the negative. 

On motion it was ordered that the Stated Clerk admit to record the 
answer of the Presbytery of Lahore to the overture on Reunion. 

The Assembly was, on motion, led in prayer by Rev. John Hall, 
D.D., in gratitude for the result of the negotiations on Reunion, and 
the doxology was sung. — 1869, p. 1158, O. S. 

b. The Stated Clerk presented the report of the Presbyteries on the 
overture for Reunion, as follows: 

Report of the Stated Clerk of the General Assembly of the Presby- 
terian Church in the United States of America, N. S., on the answers 
of the Presbyteries to the overtures on the Reunion of the two Branches 
of the Church: 

The number of Presbyteries connected with this General Assembly is 
one hundred and thirteen. Official responses have been received from 
every one of them. They have all answered the overture in the affirma- 
tive. In each of the Presbyteries of Albany, Wellsborough, and the 
District of Columbia a single negative vote was cast. In each of the 
remaining one hundred and ten Presbyteries the vote was unanimous. 

Edwin F. Hatfield, Stated Clerk. 

Pittsburg, Pa., November 10, 1869. 

The Assembly united in prayer and thanksgiving to God for this 
auspicious result. — 1869, p. 485, N. S. 

7. Report of Joint Committee of Conference. 

' ' The Joint Committee of Conference on Reunion ' ' presented its 
report, which was adopted, and is as follows, viz. : 

1. That each Assembly should declare the vote of the Presbyteries in 
the following language: 

" This Assembly having received and examined the statements of the 
votes of the several Presbyteries, on the Basis of Reunion of the two 
bodies, noAV claiming the name and rights of the Presbyterian Church in 
the United States of America, which basis is in the words following, viz. , 
' The Reunion shall be effected on the doctrinal and ecclesiastical basis 
of our common Standards; the Scriptures of the Old and New Testa- 
ments shall be acknowledged to be the inspired Word of God, and the 
only infallible rule of faith and practice; the Confession of Faith shall 
continue to be sincerely received and adopted, as containing the system 
of doctrine taught in the Holy Scriptures, and the Government and 
Discipline of the Presbyterian Church in the United States shall be 
approved, as containing the principles and rules of our polity:' Does 
hereby find and declare that the said Basis of Reunion has been 



40 HISTORICAL DOCUMENTS. 

approved by more than two -thirds of the Presbyteries connected with 
this Branch of the Church: and whereas the other Branch of the Pres- 
byterian Church in the United States of America, now sitting in the 
Third [or, the First] Presbyterian Church in the city of Pittsburg, has 
reported to this Assembly that said basis has been approved by more 
than two -thirds of the Presbyteries connected with that Branch of the 
Church, now, therefore, we do solemnly declare that said Basis of 
Reunion is of binding force." 

2. This Committee recommends that a Special Committee of five from 
each Branch of the Church, shall be appointed to take into consideration 
the affairs of each of the Boards and Committees of both Branches of the 
Church, and to recommend to the Assembly of the united Church, next 
to be held, what changes are required in said Boards and Committees. 

3. That each Assembly shall also pass the following: Whereas, It is 
apparent, from the size of the two Assemblies, that some changes must 
be made in the present method of representation; therefore, Resolved, 
That each of the Assemblies of 1869 shall appoint a Committee of five, 
to constitute a joint Committee of ten, whose duty it shall be to prepare 
and propose to the General Assembly of the united Church a proper 
adjustment of the boundaries of the Presbyteries and Synods, and the 
ratio of representation, and any amendments of the Constitution which 
they may think necessary to secure efficiency and harmony in the admin- 
istration of the Church, so greatly enlarged, and so rapidly extending. 

4. That the Assemblies shall meet at 9 o'clock on Friday morning next, 
and that the vote of the Presbyteries be declared in each Assembly at 
10 o'clock, and that each Assembly be then dissolved in the usual man- 
ner prescribed by the Form of Government. That each Assembly shall 
immediately repair to the Third Presbyterian Church, in this city, there 
to hold a joint meeting for prayer and praise; and that a joint com- 
munion service be held on the same day, at three o'clock in the afternoon. 

That all business before each Assembly shall be concluded this (Thurs- 
day) evening, and no new business taken up thereafter. 

5. That a Committee of Arrangements, consisting of two from each 
Church, be appointed to decide upon the form, manner and place of our 
public meeting, and to prepare a statement upon the subject of raising 
funds for the use of the Church, which shall be read to said meeting. 
It is proposed that the Rev. A. G. Hall, D.D., Robert Carter, Esq., 
Rev. S. W. Fisher, D.D., and William E. Dodge, Esq., be appointed 
said Committee. 

6. That the first meeting of the General Assembly of the united 
Church be held in the First Presbyterian Church in the city of Philadel- 
phia, on the third Thursday of May,A.D. 1870, at 11 o'clock A.M. 

—1869, pp. 1159, 1160, O. S. 
—1869, pp. 495, 496, N. S. 

8. Basis and Consummation of the Reunion. 

The declaration was adopted unanimously in both Assemblies, by a 
rising vote, as follows, viz. : 

This Assembly having received and examined the statement of the 
votes of the several Presbyteries on the Basis of the Reunion of the 
two bodies now claiming the name and the right of the Presbyterian 
Church in the United States of America, which basis is in the words 
following, namely: " The Union shall be effected on the doctrinal and 



SEPARATIONS AND REUNIONS. 41 

ecclesiastical basis of our common Standards ; the Scriptures of the Old 
and New Testaments shall be acknowledged to be the inspired Word of 
God, and the only infallible rule of faith and practice ; the Confession of 
Faith shall continue to be sincerely received and adopted as containing 
the system of doctrine taught in the Holy Scriptures ; and the Govern- 
ment and Discipline of the Presbyterian Church in the United States 
shall be approved as containing the principles and rules of our polity:" 
Does hereby find and declare that said Basis of Union has been approved 
by more than two -thirds of the Presbyteries connected with this Branch 
of the Church — and whereas the other Branch of the Presbyterian 
Church in the United States, now sitting in the Third [or, the First] 
Presbyterian Church in the city of Pittsburg, has reported to this Assem- 
bly that said basis has been approved by more than two -thirds of the 
Presbyteries connected with that Branch of the Church: 

now therefore we do solemnly declare that said basis of 
Reunion is of binding force. 

—1869, p. 1163, O. S. 

—1869, p. 500, N. S. 

9. The Reunion Convention. 
Pittsburg, Pa., Friday, November 12, 1869. 

The two General Assemblies of the Presbyterian Church, meeting 
respectively in the First and Third Churches of Pittsburg, Pa., having 
both been in due form dissolved on Friday, November 12, 1869, at 10 
o'clock A.M., a Joint Convention, in accordance with previous mutual 
agreement, was held immediately after in the Third Church. 

The members of the late N. S. Assembly, preceded by their Modera- 
tor, Clerks, and Reunion Committee, formed in order, two by two, and 
proceeded from the Third Church down Sixth avenue to Wood street, 
and took position on the west side of the street, opposite the First 
Church. At the same time, the members of the late O. S. Assembly, 
preceded in like manner by their Moderator, Clerks and Reunion 
Committee, came forth from the First Church and took position on the 
east side of the street, directly opposite the other column, the head of 
each line looking south toward Fifth avenue. 

The following gentlemen had been appointed and consented to serve 
as marshals of the day: Gen. J. K. Morehead, and Messrs. John D. 
McCord, William Rea and George H. Stuart. 

The signal for the march having been given, the two Moderators met 
in the middle of the street, shook hands, and joined arms ; as was done 
also by the Stated Clerks, the Permanent and Temporary Clerks, the 
two Reunion Committees, and the remainder of the two columns — the 
joint procession meanwhile marching forward two by two, Old and New 
School interlocked along the whole line, down Wood street and up Fifth 
avenue, Smithfield street, and Sixth avenue (the whole distance attended 
by a rejoicing crowd of people), to the Third Church. 

As the procession entered by the right middle aisle, Wesley's noble 
hymn, 

" Blow ye the trumpet, blow," etc., 

was sung by the choir and the ladies, who had been previously admitted 
to seats assigned them. The greater part of the procession found seats 
on the immense platform occupying the southern end of the great 
church, the remainder occupying the pews in front of the platform ; after 



42 HISTORICAL DOCUMENTS. 

which the doors were opened and the house was immediately thronged to 
its utmost capacity. 

The services commenced at 11 o'clock A.M., and were continued with 
unwearied interest for more than three hours. Addresses were made 
by the Moderators and others, both ministers and elders, previously 
designated, intermingled with prayer and songs of devout praise and 
thanksgiving. 

The following preamble and resolutions, reported in behalf of the 
Committee of Arrangements, by the Rev. S. W. Fisher, D.D., LL.D., 
were passed unanimously: 

Preamble and Resolutions Adopted in Joint Convention by the 
Members of the Two Assemblies — November 12, 1869. 

In the Providence of God, the two Branches of the Presbyterian 
Church in the United States of America, after a separation of more than 
thirty years, are again united. This event, in its magnitude, is unpar- 
alleled in the ecclesiastical history of this country and almost of the 
world. It evidences to all men the presence and unifying power of the 
divine Spirit. A fact so remarkable and significant attracts interest and 
creates expectation among even worldly minds. It awakens the sympa- 
thies and the hopes of all who truly love Christ among other denomina- 
tions. It awakens hope since it illustrates the evident purpose of God 
to bring all His followers into closer union in spirit, combine them in 
action for the overthrow of error and the diffusion of His truth; it 
awakens expectation, since they justly anticipate, on our part, from this 
union of resources, spirit and action, a far more vigorous assault upon 
the forces of darkness and more decided efforts to spread the Gospel 
among all classes in our own and other lands. 

To us, as a Church, it is an era in our history most memorable and 
hopeful; memorable, as it signalizes the triumph of faith and love over 
the strifes and jealousies of more than a quarter of a century; hopeful, 
since it is not the result of decadence and torpor, but of progress and aug- 
mented strength. It buries the suspicions and the rivalries of the past, 
with the sad necessity of magnifying our differences in order to justify 
our separation. It banishes the spirit of division, the natural foe of true 
progress. In this union are seen the outflashing of a divine purpose to 
lead us on to greater self-sacrifice, and a more entire consecration to the 
evangelization of the world. God has elevated us to this commanding 
position, that we may see His glory, and in the strengthened faith it in- 
spires devote our united resources more directly and efficiently to the sal- 
vation of men. New and grander responsibilities rest upon us. Jesus 
summons us to a holier faith and more perfect consecration. He summons 
this Church to answer His loving -kindness by deeds commensurate with 
our renewed resources. The times are auspicious; everywhere peace 
reigns; the gates are open, and the millions of our own and other lands 
wait for the Gospel. Our position is commanding; our resources great; 
our methods of action well settled, simple and efficient. The Spirit of 
God that has united us will inspire, direct and bless our efforts. While 
we maintain the faith which Paul so fully unfolded, and our Church, 
in the centuries past, has, through manifold persecution and martyrdom, 
so gloriously upheld, we are summoned, as by the will of God, to arise and 
build, to form new, broader and bolder plans for the extension of Christ's 
kingdom, and to enter upon and execute them with apostolic enthusiasm. 



SEPARATIONS AND REUNIONS. 43 

Let us, then, the ministers, elders and members of this Church here 
assembled, as, in spirit, standing in the presence of and representing 
the entire body of believers in our connection, and the beloved mission- 
aries in foreign lands who now await, with tender and prayerful interest, 
this consummation of our union — let us, in humble dependence upon our 
dear Redeemer, with deep humility in view of our past inefficiency and 
present unworthiness, and as an expression of our devout gratitude to 
Him who has brought this once dissevered, now united Church up to this 
Mount of Transfiguration, signalize this most blessed and joyous union 
with an offering in some good degree commensurate with the abundant 
pecuniary gifts that He has bestowed on us. And to this end be it 

Resolved, That it is incumbent on the Presbyterian Church in the 
United States of America, one in organization, one in faith, and one in 
effort, to make a special offering, to the treasury of the Lord, of 
FIVE MILLIONS OF DOLLARS: and we pledge ourselves, first of all, 
to seek in our daily petitions the blessing of God to make this resolution 
effectual ; and second, that we will, with untiring perseverance and per- 
sonal effort, endeavor to animate the whole Church with the purpose to 
secure the accomplishment of this great work before the third Thursday 
of May, 1871. 

Resolved, further, That the Stated Clerks of the Assemblies of 1869 
be requested to publish this paper, with the names of the Moderators, 
Clerks and Joint Committee on Reunion, and the Commissioners now in 
attendance appended thereto. 

At 3 J o'clock P.M., the Convention united in the celebration of the 
Lord's Supper at the First Presbyterian Church, which also was thronged 
in every part. 

—1869, pp. 502-504, N. S. 
—1869, pp. 1165-1167, O. S. 

10. Memorial Contribution. 

[Note. — The Memorial Fund Committee, Winthrop S. Gilman, Esq., Chairman, and 
F. F. Ellinwood, D.D., LL.D., Secretary, reported to the Assembly of 1872 that the 
sum total of all contributions reported were $7,607,499.91. See further, Digest of 1886, 
pp. 99-106.] 

11. Quarter-Centenary of Reunion. 

[Note. — The One Hundred and Seventh General Assembly celebrated at Pittsburg, 
Pa., May 23, 1895, the Twenty-fifth Anniversary of the Reunion of the Old and New 
School Churches. From 1869 to 1894, the membership of the Church increa-ed 
from 446,561 to 895,997, an increase of more than one hundred per cent. ; and the 
Sabbath-school membership grew from 448,857 to 951,199, an increase of one hundred 
and twelve per cent. The total contributions for these twenty-five years to the 7\'is- 
sionary and Benevolent Boards amounted to $47,306,426 ; to miscellaneous benevolent 
causes' outside of the Boards, S24, 280. 002 were given, and for congregational support 
there was collected $192,044,780, making a grand total of $263,631,208, or an average of 
$10,500,000 per annum. 

During this same period also there were added to the Church more than one million 
members on profession of their faith. 

A public meeting was held at the Third Presbyterian Church on the evening of 
May 23, at which addresses were delivered by the Rev. Francis L. Patton, D.D., 
LL.D., Rev. Henry M. Booth, D.D., LL.D., and Rev. William Henry Roberts, D.D. 
LL.D. 

In view of the blessings, spiritual and financial, attending Reunion, the Assembly, 
on May 24, by a unanimous rising vote, determined to mark the milestone, so auspi- 
ciously passed, by an effort to raise a Quarter-Century Anniversary Reunion Fund. 

Of the Committee of thirty appointed for the raising of this Fund, Rev. W. L. 
McEwan, D.D., was the Chairman, and Rev. W. H. Roberts, D.D., Treasurer. The 
sum raised was about S384,000, and was used mainly in liquidating the debts of the 
Boards of Home and Foreign Missions.— See Minutes, 1895, pp. 97, 105. 119, and 1896, 
pp. 108-113.] 



44 



CONFESSION OF FAITH, CHAP. I. 



PART II. 

THE CONFESSION OF FAITH. 



CHAPTER I. 
OF THE HOLY SCRIPTURE. 

I. Although the light of nature, and the works of creation and 
providence, do so far manifest the goodness, wisdom, and power of God, 
as to leave men inexcusable ; yet they are not sufficient to give that 
knowledge of God and of His will, which is necessary unto salvation ; 
therefore it pleased the Lord , at sundry times, and in divers manners, to 
reveal Himself, and to declare that His will unto His Church; and 
afterwards, for the better preserving and propagating of the truth, and 
for the more sure establishment and comfort of the Church against the 
corruption of the flesh, and the malice of Satan and of the world, to 
commit the same wholly unto writing : which maketh the Holy Scripture 
to be most necessary; those former ways of God's revealing His will 
unto His people being now ceased. 

II. Under the name of Holy Scripture, or the Word of God written, 
are now contained all the books of the Old and New Testaments, which 
are these: 

OF THE OLD TESTAMENT. 

Daniel. 

Hosea. 

Joel. 

Amos.' 

Obadiah. 

Jonah. 

Micah. 

Nahum. 

Habakkuk. 

Zephaniah. 

Haggai. 

Zechariah. 

Malachi. 



The Epistle to the Hebrews. 

The Epistle of James. 

The first and second Epis- 
tles of Peter. 

The first, second and third 
Epistles of John. 

The Epistle of Jude. 

The Revelation. 



All which are given by inspiration of God, to be the rule of faith 
and life. 



Genesis. 


II Chronicles. 


Exodus. 


Ezra. 


Leviticus. 


Nehemiah. 


Numbers. 


Esther. 


Deuteronomy. 


Job. 


Joshua. 


Psalms. 


Judges. 


Proverbs. 


Ruth. 


Ecclesiastes. 


I Samuel. 


The Song of Songs. 


II Samuel. 


Isaiah. 


I Kings. 


Jeremiah. 


II Kings. 


Lamentations. 


I Chronicles. 


Ezekiel. 




OF THE NEW TES 


The Gospels according to 


Galatians. 


Matthew. 


Ephesians. 


Mark. 


Philippians. 


Luke. 


Colossians. 


John. 


Thessalonians, I. 


The Acts of the Apostles. 


Thessalonians, II. 


Paul's Epistles to the 


To Timothy, I. 


Romans. 


To Timothy, II. 


Corinthians, I. 


To Titus. 


Corinthians, II. 


To Philemon. 



OF THE HOLY SCRIPTURE. 45 

1. Deliverance on the so-called Higher Criticism. 

The Special Committee to whom certain overtures were referred on the 
so-called " Higher Criticism " presented their report, which was adopted, 
and is as follows: 

Overtures from the Presbyteries of Ebenezer, Jersey City, Louisville, 
Morris and Orange, aud St. Louis, requesting the Assembly to make a 
deliverance by which pastors and teachers should be cautioned against 
the false teaching which is commonly known by the name of the 
' ' Higher Criticism, ' ' having been referred to this Committee, we hereby 
respectfully report the following deliverance : 

The General Assembly feels constrained to express itself clearly and 
decidedly on the rationalistic treatment of the Holy Scriptures by 
Protestant teachers in Europe whose works are introduced into our 
country, and whose evil influence is felt in our Church. Our Confession 
of Faith (Chap, i, Sec. ii), after giving the names of the books of the 
Old and New Testaments, adds, " all which are given by inspiration of 
God to be the rule of faith and life. ' ' The denial of the authenticity 
or truthfulness of the Holy Scriptures is a denial of their inspiration ; 
and any teaching that suggests such denial should be not only carefully 
avoided, but studiously repelled. The Assembly would not discourage 
the full use of all light in critical study; nor does it assume that any 
erroneous teaching is welcomed or offered within the bounds of the 
Church; but it would warn all pastors and teachers of the danger to 
young and inexperienced minds in the free use of crude theories and 
unproved speculations on the part of religious instructors, and would 
remind them of the paramount importance of sustaining in positive 
doctrine the authenticity, integrity, truthfulness and inspiration of the 
Holy Scriptures, against the unsanctified learning by which an unbe- 
lieving world, through nominallv Christian channels, assaults the Church 
of God. 

The Assembly would also remind the Presbyteries of their special 
responsibility as guardians of the faith, and that, in view of the appre- 
hensions excited throughout the Church by the rationalistic handling of 
the Word of God, it is incumbent upon them to see to it that the appro- 
priate constitutional action be taken if at any time it should become 
manifest that any minister of our Church was promulgating theories 
of dangerous tendencv or contra-confessional doctrine concerning the 
Holy Scriptures.— 1883, pp. 631, 632. 

2. The inspired Word, as it came from God, is without error. 

Overture from the Presbytery of Chester, and overture from the Presby- 
tery of Genesee, asking the General Assembly, in view of certain publi- 
cations during the past year, to make a deliverance concerning subscrip- 
tion to the Standards of the Church which our ministers and elders make 
at their ordination. 

The Committee recommend the following: 

The General Assembly would remind all under its care that it is a fun- 
damental doctrine that the Old and New Testaments are the inspired 
and infallible Word of God. Our Church holds that the inspired 
Word, as it came from God, is without error. The assertion of the 
contrary cannot but shake the confidence of the people in the sacred 
books. All who enter office in our Church solemnly profess to receive 
them as the only infallible rule of faith and practice. If they change 



46 CONFESSION OF FAITH, CHAP. I, SECT. II. 

their belief ou this point, Christian honor demands that they should 
withdraw from our ministry. They have no right to use the pulpit or 
the chair of the professor for the dissemination of their errors until they 
are dealt with by the slow process of discipline. But if any do so act, 
their Presbytery should speedily interpose, and deal with them for 
violation of ordination vows. The vow taken at the beginning is obliga- 
tory until the party taking it is honorably and properly released. The 
General Assembly enjoins upon all ministers, elders and Presbyteries, to 
be faithful to the duty here imposed. — 1892, pp. 179, 180. 

3. Case of the Rev. Charles A. Briggs, D.D. 

a Preliminary Note. 

[January 20, 1891, the Rev. Charles A. Briggs, D.D., LL.D., a member of the Pres- 
bytery of New York, delivered an inaugural address on the occasion of his induction 
as Professor of Biblical Theology in Union Theological Seminary. This address was 
brought to the attention of the Presbytery of New York. A Committee of Investiga- 
tion was appointed April 13, 1891, and on its report a Committee of Prosecution was 
appointed May 11, 1891. 

Charges and specifications were duly tabled, citations were issued to the parties and 
the case was heard at a meeting of the Presbytery held November 4, 1891. 

At this meeting the accused appeared and presented his objections to the suffi- 
ciency of the charges and specifications in form and legal effect. 

The Presbytery then entered on its record its decision and final judgment, dismiss- 
ing the case in the following words : 

''Resolved, That the Presbytery of New York, having listened to the paper of the 
Rev. Charles A. Briggs, D.D., in the case of the Presbyterian Church in the United 
States of America against him as to the sufficiency of the charges and specifications 
in form and legal effect ; and, without approving of the positions stated in his 
Inaugural Address, at the same time desiring earnestly the peace and quiet of the 
Church, and in view of the declarations made by Dr. Briggs touching his loyalty 
to the Holy Scriptures and the Westminster Standards, and of his disclaimers of 
interpretations put on some ot his words, deem it best to dismiss the case, and does so 
dismiss it." 

From this action of the Presbytery of New York, dismissing the case, the Prosecu- 
ting Committee took an appeal in the name of the Presbyterian Church in the United 
States of America. See for the Appeal, Minutes, 1892, pp. 232-241, Appendix. 

This Appeal was presented to the General Assembly in session at Portland, Oreg., 
May, 1892, and found in order (1892, p. 90). After full argument the Appeal was 
sustained (1892, p. 141) and judgment was rendered as follows :] 

b. Action of the Assembly of 1892. 

The General Assembly having, on the 28th day of May, 1892, 
duly sustained all the specifications of error alleged and set forth in the 
appeal and specifications in this case. 

It is now, May 30, 1892, ordered, that the judgment of the Presby- 
tery of New York, entered November 4, 1891, dismissing the case of 
the Presbyterian Church in the United States of America against Rev. 
Charles A. Briggs, D.D., be, and the same is hereby, reversed. And 
the case is remanded to the Presbytery of New York for a new trial, 
with directions to the said Presbytery to proceed to pass upon and deter- 
mine the sufficiency of the charges and specifications in form and legal 
effect, and to permit the Prosecuting Committee to amend the specifica- 
tions or charges, not changing the general nature of the same, if, in 
the furtherance of justice, it be necessary to amend, so that the case 
may be brought to issue and tried on the merits thereof as speedily 
as may be practicable. 

And it is further ordered, that the Stated Clerk of the General Assem- 
bly return the record, and certify the proceedings had thereon with the 
necessary papers relating thereto, to the Presbytery of New York. — 
1892, p. 152. 



OF THE HOLY SCRIPTURE. 47 

C. The Charges passed upon by the Presbytery of New York, 189S. 

In obedience to this mandate of the General Assembly, the Presby- 
tery of New York, sitting in a judicial capacity, January 9, 1893, 
passed upon the amended Charges and Specifications, which are: 

Charge I. 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D.D., being a minister of the said Church, 
and a member of the Presbytery of New York, with teaching that the 
Reason is a fountain of divine authority which may and does savingly 
enlighten men, even such men as reject the Scriptures as the authoritative 
proclamation of the will of God, and reject also the way of salvation 
through the mediation and sacrifice of the Son of God as revealed 
therein ; which is contrary to the essential doctrine of the Holy Scripture 
and of the Standards of the said Church, that the Holy Scripture is 
most necessary, and the rule of faith and practice. 

Specification I. — In an Inaugural Address, which the said Rev. Charles 
A. Briggs, D.D., delivered at the Union Theological Seminary in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D.D., and has been repub- 
lished by him in a second edition with a preface and an appendix, there 
occur the following sentences: 

Page 24, lines 7-10 and 31-33: " Divine authority is the only author- 
ity to which man can yield implicit obedience, on which he can rest in 

loving certainty and build with joyous confidence There are 

historically three great fountains of divine authority — the Bible, the 
Church and the Reason." 

Page 27, lines 9-21: " Martineau could not find divine authority in 
the Church or the Bible, but he did find God enthroned in his own soul. 
There are those who would refuse these rationalists a place in the com- 
pany of the faithful. But they forget that the essential thing is to find 
God and divine certainty, and if these men have found God without the 
mediation of Church and Bible, Church and Bible are means and not 
ends; they are avenues to God, but are not God. We regret that these 
rationalists depreciate the means of grace so essential to most of us, 
but we are warned lest we commit a similar error, and depreciate the 
Reason and the Christian consciousness." 

Inaugural Address, Appendix, Second Edition, pp. 88, 89: 

" (c) Unless God's authority is discerned in the forms of the Reason, 
there is no ground upon which any of the heathen could ever have been 
saved, for they know nothing of Bible or Church. If they are not 
savingly enlightened by the Light of the World in the forms of the 
Reason the whole heathen world is lost forever." 

Specification II. — In an Inaugural Address, which the said Rev. Charles 
A. Briggs, D.D., delivered at the Union Theological Seminary in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D. D. , and has been repub- 



48 CONFESSION OF FAITH, CHAP. I, SECT. II. 

lished by him in a second edition with a preface and an appendix, there 
occur the following sentences: 

Page 28, lines 1-22: " (3) The Authority of Holy Scripture.— We have 
examined the Church and the Reason as seats of divine authority in an 
introduction to our theme, The Authority of the Scriptures, because they 
open our eyes to see mistakes that are common to the three departments. 
Protestant Christianity builds its faith and life on the divine authority 
contained in the Scriptures, and too often depreciates the Church and the 
Reason. Spurgeon is an example of the average modern Evangelical, 
who holds the Protestant position, and assails the Church and Reason in 
the interest of the authority of Scripture. But the average opinion of 
the Christian world would not assign him a higher place in the kingdom 
of God than Martineau or Newman. May we not conclude, on the 
whole, that these three representative Christians of our time, living in or 
near the world's metropolis, have, each in his way, found God and 
rested on divine authority ? May we not learn from them not to depre- 
ciate any of the means whereby God makes himself known to men ? 
Men are influenced by their temperaments and environments which of 
the three ways of access to God they may pursue." 

These declarations are contrary to Scripture: Isa. viii. 20; Matt. x. 
32, 33; Luke xvi. 29-31; John v. 39; John xiv. 6; 1 John v. 10; 
Gal. i. 9; 2 Tim. iii. 15-17; 2 Peter i. 19-21. 

These declarations are contrary to the Standards: Confession of Faith, 
Chap, i, Sees, i, v, vi, x; Larger Catechism, questions 2, 3; Shorter 
Catechism, question 2. 

Charge II. 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D. D. , being a minister of the said Church and 
a member of the Presbytery of New York, with teaching that the 
Church is a fountain of divine authority, which, apart from the Holy 
Scripture, may and does savingly enlighten men; which is contrary to 
the essential doctrine of the Holy Scripture and of the Standards of the 
said Church, that the Holy Scripture is most necessary and the rule of 
faith and practice. 

Specification I. — In an Inaugural Address, which the said Rev. Charles 
A. Briggs, D. D. , delivered at the Union Theological Seminary in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D.D., and has been repub- 
lished by him in a second edition with a preface and an appendix, there 
occur the following sentences: 

Page 24, lines 7-10 and 31-33: " Divine authority is the only author- 
ity to which man can yield implicit obedience, on which he can rest in 

loving certainty and build with joyous confidence There are 

historically three great fountains of divine authority — the Bible, the 
Church and the Reason." 

Page 25, lines 1-14 inclusive: " (1) The Authority of the Church. — 
The majority of Christians from the apostolic age have found God 
through the Church. Martyrs and Saints, Fathers and Schoolmen, the 
profoundest intellects, the saintliest lives, have had this experience. In- 
stitutional Christianity has been to them the presence-chamber of God. 



OF THE HOLY SCRIPTURE. 49 

They have therein and thereby entered into communion with all saints. 
It is difficult for many Protestants to regard this experience as any 
other than pious illusion and delusion. But what shall we say of a 
modern like Newman, who could not reach certainty, striving never so 
hard, through the Bible or the Reason, but who did find divine authority 
in the institutions of the Church ?" 

Specification II. — In an Inaugural Address, which the said Rev. 
Charles A. Briggs, D. D. , delivered at the Union Theological Seminary in 
the City of New York, January 20, 1891, on the occasion of his induc- 
tion into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D. D. , and has been repub • 
lished by him in a second edition with a preface and an appendix, there 
occur the following sentences: 

Page 28, lines 1-22, are: " (3) The Authority of Holy Scripture. — We 
have examined the Church and the Reason as seats of divine authority in 
an introduction to our theme, The Authority of the Scriptures, because 
they open our eyes to see mistakes that are common to the three depart- 
ments. Protestant Christianity builds its faith and life on the divine 
authority contained in the Scriptures, and too often depreciates the 
Church and the Reason. Spurgeon is an example of the average modern 
Evangelical, who holds the Protestant position, and assails the Church 
and Reason in the interest of the authority of Scripture. But the aver- 
age opinion of the Christian world would not assign him a higher place 
in the kingdom of God than Martineau or Newman. May we not con- 
clude, on the whole, that these three representative Christians of our 
time, living in or near the world's metropolis, have, each in his way, 
found God and rested on divine authority ? May we not learn from 
them not to depreciate any of the means whereby God makes himself 
known to men ? Men are influenced by their temperaments and environ- 
ments which of the three ways of access to God they may pursue. ' ' 

These declarations are contrary to the Holy Scripture: Isa. viii. 20; 
Matt. x. 32, 33; Luke xvi. 29-31; John v. 39; John xiv. 6; 1 John 
v. 10; Gal. i. 9; 2 Tim. iii. 15-17; 2 Peter i. 19-21. 

These declarations are contrary to the Standards: Confession of Faith, 
Chap, i, Sees, i, v, vi, x; Larger Catechism, questions 2, 3; Shorter 
Catechism, question 2. 

Charge III. 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D.D., being a minister of the said Church and 
a member of the Presbytery of New York, with teaching that errors 
may have existed in the original text of the Holy Scripture, as it came 
from its authors, which is contrary to the essential doctrine taught in the 
Holy Scripture and in the Standards of the said Church, that the Holy 
Scripture is the Word of God written, immediately inspired, and the 
rule of faith and practice. 

Specification. — In an Inaugural Address, which the said Rev. Charles 
A. Briggs, D. D. , delivered at the Union Theological Seminary in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D.D., and has been repub- 
4 



50 CONFESSION OF FAITH, CHAP. I, SECT. II. 

lished by him in a second edition with a preface and an appendix, there 
occur the following sentences, beginning with line 4 of p. 35 : 

" I shall venture to affirm that, so far as I can see, there are errors in 
the Scriptures, that no one has been able to explain away ; and the theory 
that they were not in the original text is sheer assumption, upon which 
no mind can rest with certainty. If such errors destroy the authority of 
the Bible, it is already destroyed for historians. Men cannot shut their 
eyes to truth and fact. But on what authority do these theologians drive 
men from the Bible by this theory of inerrancy ? The Bible itself 
nowhere makes this claim. The creeds of the Church nowhere sanction 
it. It is a ghost of modern evangelicalism to frighten children. The 
Bible has maintained its authority with the best scholars of our time, 
who with open minds have been willing to recognize any error that might 
be pointed out by Historical Criticism; for these errors are all in the 
circumstantials and not in the essentials; they are in the human setting, 
not in the precious jewel itself; they are found in that section of the 
Bible that theologians commonly account for from the providential 
superintendence of the mind of the author, as distinguished from divine 
revelation itself. It may be that this providential superintendence gives 
infallible guidance in every particular; and it may be that it differs but 
little, if at all, from the providential superintendence of the fathers and 
schoolmen and theologians of the Christian Church. It is not important 
for our purpose that we should decide this question. If we should 
abandon the whole field of providential superintendence so far as inspir- 
ation and divine authority are concerned and limit divine inspiration and 
authority to the essential contents of the Bible, to its religion, faith and 
morals, we would still have ample room to seek divine authority where 
alone it is essential, or even important, in the teaching that guides our 
devotions, our thinking, and our conduct." 

These declarations are contrary to the statements of Scripture: Zech. 
vii. 12; Mark vii. 13; Romans iii. 1, 2: 1 Cor. ii. 13; Gal. iii. 8; 
2 Peter i. 20, 21 ; 2 Tim. iii. xvi. 

These statements are contrary to the Standards: Confession of Faith, 
Chap, i, Sees, i, ii, iv, viii. 

Charge IV. 

[Note. — This charge was stricken out by the Presbytery of New York. The Assem- 
bly declared that the Presbytery erred in so doing, but did not sit in judgment upon 
the charge. It is printed here, without the specification, for information.] 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D.D., being a minister in said Church and a 
member of the Presbytery of New York, with teaching that many of 
the Old Testament predictions have been reversed by history, and that 
the great body of Messianic prediction has not been and cannot be ful- 
filled, which is contrary to the essential doctrine of Holy Scripture and 
of the Standards of the said Church, that God is true, omniscient and 
unchangeable. 

Charge V. 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D. D. , being a minister of the said Church, and 
a member of the Presbytery of New York, with teaching that Moses is 
not the author of the Pentateuch, which is contrary to direct statements 



OF THE HOLY SCRIPTURE. 51 

of Holy Scripture and to the essential doctrines of the Standards of 
the said Church, that the Holy Scripture evidences itself to be the Word 
of God by the consent of all the parts, and that the infallible rule of 
interpretation of Scripture is the Scripture itself. 

Specification. — In an Inaugural Address, which the said Kev. Charles 
A. Briggs, D.D., delivered at the Union Theological Seminary in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Kev. Charles A. Briggs, D.D., and has been repub- 
lished by him in a second edition with a preface and an appendix, there 
occurs the following sentence : 

Page 33, lines 6-8: " It may be regarded as the certain result of the 
science of the Higher Criticism that Moses did not write the Pentateuch." 

This declaration is contrary to direct statements of Scripture: Ex. 
xxiv. 4; Num. xxxiii. 2; Deut. v. 31; Deut. xxxi. 9; Josh. i. 7, 8; 1 
Kings ii. 3; 1 Chron. vi. 49; Ezra iii. 2; Ezra vi. 18; Neh. i. 7; Luke 
xxiv. 27, 44; John v. 45-47; Acts vii. 38; Acts xv. 21. 

This declaration is contrary to the Standards: Confession of Faith, 
Chap, i, Sees, v and ix. 

Charge VI. 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D.D., being a minister of the said Church and 
a member of the Presbytery of New York, with teaching that Isaiah is 
not the author of half of the book that bears his name, which is con- 
trary to direct statements of Holy Scripture and to the essential doctrines 
of the Standards of the said Church that the Holy Scripture evidences 
itself to be the Word of God by the consent of all the parts, and that 
the infallible rule of interpretation of Scripture is the Scripture itself. 

Specification. — In an Inaugural Address which the said Rev. Charles 
A. Briggs, D.D., delivered at the Union Theological Seminary in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D.D., and has been 
republished by him in a second edition with a preface and an appendix, 
there occurs the following sentence: 

Page 33, lines 14, 15: " Isaiah did not write half of the book that 
bears his name. ' ' 

This declaration is contrary to direct statements of Scripture: Matt. 
iv. 14, 15; Matt. xii. 17, 18; Luke iii. 4; Acts xxviii. 25, 26; John 
xii. 38, 41; Rom. x. 16, 20. 

This declaration is contrary to the Standards: Confession of Faith, 
Chap, i, Sees, v and ix. 

Charge VII. 

[Note.— This charge was stricken out by the Presbytery of New York. The As- 
sembly declared that the Presbytery erred in so doing, but did not sit in judgment 
upon the charge. The charge is printed here for information.] 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D.D., being a minister of said Church and a 
member of the Presbytery of New York, with teaching that the pro- 



52 CONFESSION OF FAITH, CHAP. I, SECT. II. 

cesses of redemption extend to the world to come in the case of many 
who die in sin ; which is contrary to the essential doctrine of Holy Scrip- 
ture and the Standards of the said Church, that the processes of redemp- 
tion are limited to this world. 

Charge VIII. 

The Presbyterian Church in the United States of America charges the 
Rev. Charles A. Briggs, D.D., being a minister of the said Church 
and a member of the Presbytery of New York, with teaching that sanc- 
tification is not complete at death, which is contrary to the essential 
doctrine of Holy Scripture and of the Standards of the said Church 
that the souls of believers are at their death at once made perfect in 
holiness. 

Specification. — In an Inaugural Address, which the said Rev. Charles 
A. Briggs, D.D., delivered at the Union Theological Seminary, in the 
City of New York, January 20, 1891, on the occasion of his induction 
into the Edward Robinson Chair of Biblical Theology, which Address 
has been published and extensively circulated with the knowledge and 
approval of the said Rev. Charles A. Briggs, D. D. , and has been repub- 
lished by him in a second edition with a preface and an appendix, there 
occur the following sentences: 

Pages 53, 54, 55: \ 

"(c) Another fault of Protestant theology is in its limitation of the pro- 
cess of redemption to this world, and its neglect of those vast periods of 
time which have elapsed for most men in the Middle State between death 
and the resurrection. The Roman Catholic Church is firmer here, 
though it smears the Biblical doctrine with not a few hurtful errors. 
The reaction agaiust this limitation, as seen in the theory of second pro- 
bation, is not surprising. I do not find this doctrine in the Bible, but I 
do find in the Bible the doctrine of a Middle State of conscious higher 
life in the communion with Christ and the multitude of the departed of 
all ages ; and of the necessity of entire sanctification, in order that the 
work of redemption may be completed. There is no authority in the 
Scriptures, or in the creeds of Christendom, for the doctrine of immedi- 
ate sanctification at death. The only sanctification known to experience, 
to Christian orthodoxy, and to the Bible, is progressive sanctification. 
Progressive sanctification after death is the doctrine of the Bible and 
the Church ; and it is of vast importance in our times that we should 
understand it, and live in accordance with it. The bugbear of a 
judgment immediately after death, and the illusion of a magical trans- 
formation in the dying hour, should be banished from the world. They 
are conceits derived from the ethnic religions, and without basis in the 
Bible or Christian experience as expressed in the symbols of the Church. 
The former makes death a terror to the best of men, the latter makes 
human life and experience of no effect; and both cut the nerves of 
Christian activity and striving after sanctification. Renouncing them as 
hurtful, unchristian errors, we look with hope and joy for the continua- 
tion of the processes of grace, and the wonders of redemption in the 
company of the blessed, to which the faithful are all hastening. ' ' 

Inaugural Address, Appendix, 2d ed., pages 107, 108: " Sanctification 
has two sides — a negative and a positive — mortification and vivification ; 
the former is man ward, the latter is God ward. Believers who enter the 
Middle State enter guiltless; they are pardoned and justified; they are 



OF THE HOLY SCRIPTURE. 53 

mantled in the blood and righteousness of Christ; and nothing will be 
able to separate them from His love. They are also delivered from all 
temptations such as spring from without, from the world and the devil. 
They are encircled with influences for good such as they have never enjoyed 
before. But they are still the same persons, with all the gifts and 
graces, and also the same habits of mind, disposition and temper they 
had when they left the world. Death destroys the body. It does not 
•change the moral and religious nature of man. It is unpsychological 
.and unethical to suppose that the character of the disembodied spirit will 
all be changed in the moment of death. It is the Manichean heresy to 
hold that sin belongs to the physical organization and is laid aside with 
the body. If this were so, how can any of our race carry their evil 
natures with them into the Middle State and incur the punishment of 
their sins ? The eternal punishment of a man whose evil nature has 
been stripped from him by death and left in the grave is an absurdity. 
The Plymouth Brethren hold that there are two natures in the redeemed 
— the old man and the new. In accordance with such a theory, the old 
man might be cast off at death. But this is only a more subtle kind of 
Manicheism, which has ever been regarded as heretical. Sin, as our 
Saviour teaches, has its source in the heart — in the higher and immortal 
part of man. It is the work of sanctification to overcome sin in the 
higher nature. ' ' 

These declarations are contrary to Scripture: 1 Cor. xv. 51, 52; Heb. 
xii. 23. 

These declarations are contrary to the Standards : Confession of Faith, 
Chap, xxxii, Sec. i; Larger Catechism, question 86; Shorter Catechism, 
question 37. 

d. Decision and final judgment of the Presbytery of New York, 1893. 

The Presbytery of New York, sitting in a judicial capacity, January 
9, 1893, made and entered on its record its decision and final judgment 
in the above case, in the following words, viz. : 

' ' The case of the Presbyterian Church in the United States of Amer- 
ica against the Rev. Charles A. Briggs, D.D., having been dismissed 
by the Presbytery of New York on November 4, 1891, was remanded 
by the General Assembly of 1892 to the same Presbytery, with instruc- 
tions that ' it be brought to issue and tried on the merits thereof as 
speedily as possible. ' 

' ' In obedience to this mandate, the Presbytery of New York has tried 
the case. It has listened to the evidence and argument of the Com- 
mittee of Prosecution, acting in fidelity to the duty committed to them. 
It has heard the defense and evidence of the Rev. Charles A. Briggs, 
presented in accordance with the rights secured to every minister of the 
Church. 

" The Presbytery has kept in mind these established principles of our 
polity, ' that no man can rightly be convicted of heresy by inference or 
implication;' that ' in the interpretation of ambiguous expressions 
candor requires that a court should favor the accused by putting upon 
his words the more favorable rather than the less favorable construction, ' 
and ' there are truths and forms with respect to which men of good char- 
acter may differ. ' 

" Giving due consideration to the defendant's explanation of the 
language used in his Inaugural Address, accepting his frank and full 



54 CONFESSION OF FAITH, CHAP. I, SECT. II. 

disclaimer of the interpretation which has been put upon some of its 
phrases and illustrations, crediting his affirmations of loyalty to the Stan- 
dards of the Church and to the Holy Scriptures as the only infallible 
rule of faith and practice, the Presbytery does not find that he has 
transgressed the limits of liberty allowed under our Constitution to 
scholarship and opinion. 

" Therefore, without expressing approval of the critical or theological 
views embodied in the Inaugural Address, or the manner in which they 
have been expressed and illustrated, the Presbytery pronounces the Rev. 
Charles A. Briggs, D.D., fully acquitted of the offenses alleged against 
him, the several charges and specifications accepted for probation having 
been < not sustained.' "—1893, pp. 232, 233. 

Against this action of the Presbytery of New York, an appeal to 
the General Assembly was taken by the Prosecuting Committee in accor- 
dance with the provisions of Sections 94 to 102 inclusive of the Book 
of Discipline.— 1893, p. 234. 

e. Action of the Assembly of 1893. 
(i. ) Hearing and Judgment. 

The Judicial Committee in the case of the Presbyterian Church in 
the U. S. A. vs. the Rev. Charles A. Briggs, D.D., reported, and it was 

Resolved, That the General Assembly finds that due notice of appeal 
in this case has been given, and that the appeal and the specifications of 
the errors alleged have been filed in due time, and that the appeal is in 
order in accordance with the provisions of the Book of Discipline. — 
1893, p. 70. 

After full discussion the appeal was entertained, 410 to 145. — 1893, 
pp. 95-104. 

The parties having been fully heard, the appeal was sustained : to 
sustain as a whole, 295; to sustain in part, 84; not to sustain, 116. 
The Moderator declared the appeal to be sustained. — 1893, pp. 140-150. 

It was then Resolved, That the specifications of error, excepting 
Ground iv, Specifications 1 and 5, in Judicial Case No. 1, having been 
sustained, and the appeal in said case having been sustained, the question 
of the reversal of the judgment of the Presbytery of New York, of the 
form of the judgment of the Assembly, and all other matters connected 
with the case, be referred to a Committee of fifteen, of which the Rev. 
Thomas A. Hoyt, D.D., shall be Chairman, said Committee to report at 
the earliest opportunity. — 1893, p. 150. 

The Judgment 

Presbyterian Church in the 

United States of America, I Qn appeal from the final judgment 



of the Presbytery of New 



Appellant, 

vs. 

Rev. Charles A. Briggs, D.D., \ York. 

Appellee. 

This appeal being regularly issued, and coming on to be heard on the 
judgment, the notice of appeal, the appeal, and the specifications of 
errors alleged, and the record in the case from the beginning, and the 
reading of said record having been omitted by consent, and the parties 



OF THE HOLY SCRIPTURE. 55 

hereto having been heard before the judicatory in argument, and the 
opportunity having been given to the members of the judicatory ap- 
pealed from to be heard, and they having been heard, and opportunity 
having been given to the members of this judicatory to be heard, and 
they having been heard, as provided by the Book of Discipline, and 
the General Assembly, as a judicatory sitting in said cause on appeal, 
having sustained the following specifications of error, to wit: 

All of said specifications of errors set forth in said five grounds of 
appeal, save and except the first and fifth under the fourth ground of 
appeal, on consideration whereof, this judicatory finds said appeal should 
be and is hereby sustained, and that said Presbytery of New York, the 
judicatory appealed from, erred in striking out said amended charges 
four and seven, and erred in not sustaining, on the law and the evidence, 
said amended charges one, two, three, five, six and eight ; on considera- 
tion whereof this judicatory finds that said final judgment of the Presby- 
tery of New York is erroneous, and should be and is hereby reversed ; 
and this General Assembly sitting as a judicatory in said cause coming 
now to enter judgment on said amended charges, one, two, three, five, 
six and eight, finds the appellee, the said Charles A. Briggs, has uttered, 
taught and propagated views, doctrines and teachings, as set forth in 
said charges contrary to the essential doctrine of Holy Scripture and the 
Standards of said Presbyterian Church in the United States of America, 
and in violation of the ordination vow of said appellee, which said 
erroneous teachings, views, and doctrines strike at the vitals of religion, 
and have been industriously spread ; wherefore, this General Assembly 
of the Presbyterian Church in the United States of America, sitting as 
a judicatory in this cause on appeal, does hereby suspend Charles A. 
Briggs, the said appellee, from the office of a minister in the Presby- 
terian Church in the United States of America, until such time as he 
shall give satisfactory evidence of repentance to the General Assembly of 
the Presbyterian Church in the United States of America, for the viola- 
tion by him of the said ordination vow as herein and heretofore found. 

And it is ordered that the Stated Clerk of this General Assembly 
transmit a certified copy of this judgment to the Presbytery of New 
York, to be made a part of the record in this case. It is also ordered 
that a copy be furnished to the appellee, the Rev. Charles A. Briggs, 
D.D.— 1893, pp. 164, 165. 

e. (#.) Explanatory minute — Case of Charles A. Briggs, D.D. 

The Committee on the Judgment in Judicial Case No. 1 also presented 
a judicial deliverance and explanatory minute, which was adopted, as 
follows : 

Your Committee, to whom was entrusted the duty of formulating an 
explanatory minute of this Assembly on the doctrinal points involved in 
the appeal of the Committee of Prosecution from the judgment of the 
Presbytery of New York, in the case of the Presbyterian Church in the 
United States of America vs. the Rev. Charles A. Briggs, D. D. , reports 
as follows: 

1. We find that the doctrine of the errancy of the Scripture as it 
came from them to whom, and through whom, God originally com- 
municated His revelation, is in conflict with the statements of the Holy 
Scripture itself, which assert that ' ' all Scripture " or " every Scripture ' ' 
is given by " inspiration of God " (2 Tim. iii. 16); " That the prophecy 



56 CONFESSION OF FAITH, CHAP. I, SECT. IT. 

came not of old by the will of man, but holy men of God spake as they 
were moved by the Holy Ghost " (2 Peter i. 12), and also with the 
statements of the Standards of the Church which assert that " the Holy 
Scriptures of the Old and New Testaments are the Word of God ' ' 
(Larger Catechism, Question 3), " of Infallible Truth " and " Divine 
Authority" (Confession of Faith, Chap, i, Sec. v). 

2. That we find in this case involved the questions of the sufficiency 
of the human reason and of the Church, as authorized guides in the 
matter of salvation. Your Committee recommend that this General 
Assembly declare that the reason and the Church are not to be regarded 
as fountains of divine authority; that they are unreliable and fallible, 
and whilst they may, and no doubt are, channels or media through which 
the Holy Spirit may reach and influence for good the human soul, they 
are never to be relied upon as sufficient in themselves, and aside from 
Holy Scripture, to lead the soul to a saving knowledge of God. To 
teach that they are sufficient is most dangerous, and contrary to the 
Word of God and our Standards, and our ministers and church members 
are solemnly warned against such teachings. 

3. We find involved in this case a speculation in regard to the process 
of the soul's sanctification after death, which in the judgment of this 
Assembly is a dangerous hypothesis, in direct conflict with the plain 
teaching of the divine Word and the utterance of the Standards of our 
Church. ' ' These Standards distinctly declare that ' the souls of believ- 
ers are at their death made perfect in holiness, and do immediately pass 
into glory, while their bodies being still united to Christ do rest in their 
graves till the Resurrection' " (Shorter Catechism, Question 37; 2 
Cor. v. 8; Phil. i. 23; John xvii. 24). 

The judgment, with the judicial deliverance and explanatory minute, 
were ordered to be entered on the record, and the Stated Clerk was 
directed to forward a copy of the same to the Presbytery of New York, 
and also to the appellee, the Rev. Charles A. Briggs, D.D. — 1893, pp. 
164, 165. 

4. Protest against action of the Assembly on inerrancy. 

The Rev. Herrick Johnson, D.D., LL.D., for himself and others, pre- 
sented the following protest, which was received and ordered to be recorded : 

The undersigned enter respectful and earnest protest against the action 
of this Assembly which declares the inerrancy of the original autographs 
of Scripture to be the faith of the Church. We protest against this 
action. 

1. Because it is insisting upon a certain theory of inspiration, when 
our Standards have hitherto only emphasized the fact of inspiration. So 
far as the original manuscript came from God, undoubtedly it was with- 
out error. But we have no means of determining how far God controlled 
the penmen in transcribing from documents in matters purely circum- 
stantial. 

2. Because it is dogmatizing on a matter of which, necessarily, we 
can have no positive knowledge. 

3. Because it is insisting upon an interpretation of our Standards 
which they have never borne, and which, on their face, is impossible. 
No man in subscribing to his belief in the Scriptures as the Word of 
God, and the only infallible rule of faith and practice, has his mind on 
the original autographs. 



OF THE HOLY SCEIPTURE. 57 

4. Because it is setting up an imaginary Bible as a test of orthodoxy. 
If an inerrant original Bible is vital to faith, we cannot escape the 
conclusion that an inerrant present Bible is vital to faith. 

5. Because it is disparaging the Bible we have, and endangering its 
authority under the pressure of a prevalent hostile criticism. It seems 
like flying for shelter to an original autograph, when the Bible we have 
in our hands to-day is our impregnable defense. 

Believing these present Scriptures to be " the very Word of God ' ' 
and " immediately inspired by God," "kept pure in all ages" and 
* ' our only infallible rule of faith and practice, ' ' notwithstanding some 
apparent discrepancies in matters purely circumstantial, we earnestly 
protest against the imposing of this new interpretation of our Standards 
upon the Church, to bind men's consciences by enforced subscription to 
its terms. —1893, p. 167. 

5. Answer to the foregoing protest. 

The Committee appointed to prepare an answer to the protest of Revs. 
Herrick Johnson, D.D., LL.D., S. J. Niccolls, D.D., LL.D., and 
others, presented its report, which was received, and is as follows: 

As already announced by this General Assembly, the deliverance of 
the Portland Assembly, and the deliverances of this body, touching the 
inspiration of the Holy Scriptures, impose no new test of orthodoxy, 
nor do they set forth any theory of inspiration, but only reaffirm the 
statements of our Confession of Faith, Chap, i, Sees, i, ii, iv, v, viii, x, 
and the Larger Catechism, Ques. 3 ; statements to which every minister 
and every elder in the Church gives his assent at his ordination in 
response to the f ollowing question : ' ' Do you believe the Scriptures of 
the Old and New Testaments to be the Word of God, the only infallible 
rule of faith and practice ?" 

We can, therefore, say with the protestants, we believe ' ' these present 
Scriptures to be the very Word of God," and " immediately inspired 
by God, " " kept pure in all ages, ' ' and ' ' our only infallible rule of 
faith and practice ;' ' while if errors were found in the original autographs 
they could not have proceeded from " God, who is truth itself, the 
author thereof. ' ' In behalf of the Committee, 

E. D. Warfield, Chairman. 
—1893, p. 169. 

6. The Bible as we now have it is the very Word of God. 

[See below, Chap, i, Sec. viii.] 

7. The General Assembly makes no new definitions of dogma. 

Overture from the Presbytery of Rochester, declaring that said 
* ' Presbytery viewed with apprehension the attempt of the General As- 
sembly to make new definitions of dogma, by deliverance and by judicial 
decision, and expresses its conviction that no doctrinal statement, which 
is not explicitly contained in the Confession of Faith and Catechisms of 
the Church, is binding on the office bearers. ' ' We recommend the fol- 
lowing action: The General Assembly has never undertaken to make 
new definitions of dogma, either by deliverance or judicial decision, and 
we hope that this declaration of former Assemblies repeated by this 
General Assembly will allay the apprehensions of our worthy brethren 
of this Presbytery. Adopted. — 1894, p. 45. 



58 CONFESSION OF FAITH, CHAP. I, SECT. II. 

8. Case of the Rev. Henry Preserved Smith, D.D., on an appeal from 
the decision of the Synod of Ohio. 

a. Charges and specifications. 

[Note.— On the 12th of December, 1892, the Presbytery of Cincinnati found the 
Rev. Henry Preserved Smith guilty on two out of three charges. The charges sus- 
tained are as follows :] 

Charge II. 

The Presbyterian Church in the United States of America charges 
the Rev. Henry Preserved Smith, D.D., being a minister in said Church 
and a member of the Presbytery of Cincinnati, with teaching, in a pam- 
phlet entitled " Biblical Scholarship and Inspiration," contrary to a 
fundamental doctrine of the Word of God and the Confession of Faith, 
that the Holy Spirit did not so control the inspired writers in their 
composition of the Holy Scriptures as to make their utterances absolutely 
truthful, i. e., free from error when interpreted in their natural and 
intended sense. 

SPECIFICATION I. 

In a pamphlet entitled " Biblical Scholarship and Inspiration," pub- 
lished by the said Rev. Henry Preserved Smith, D. D. , in different 
editions in the year 1891, which pamphlet has been extensively circu- 
lated with his knowledge and approval, he teaches that the inspired 
author of Chronicles has asserted sundry errors of historic fact. — Pages 
92, 100, 101 and 102, cited below. 

SPECIFICATION II. 

In the pamphlet referred to in Specification I, he teaches that the 
inspired author of Chronicles has suppressed sundry historic truths, 
owing to inability or unwillingness to believe them. — Pages 104, 105, 
107, 109 cited below. 

SPECIFICATION III. 

In the pamphlet referred to in Specification I, he teaches that the 
inspired author of Chronicles incorporated into his narrative and en- 
dorsed by his authority material drawn from unreliable sources. — Pages 
101, 103, cited below. 

SPECIFICATION IV. 

In the pamphlet referred to in Specification I, he teaches that the 
historic unreliability of the inspired author of Chronicles was so great 
that the truth of history therein contained can only be discovered by 
such investigation, discrimination and sifting as is necessary to the dis- 
covery of the truth in histories by uninspired and fallible men. — Page 
100, cited below. 

SPECIFICATION V. 

In the pamphlet referred to in Specification I, he teaches the historic 
unreliability of the inspired author of Chronicles to have been such that 
* ' the truth of events ' ' cannot be ascertained from what he actually 
asserts, but from what he unwittingly reveals. — Pages 100, 108, 109, 
cited below. 

SPECIFICATION VI. 

In the pamphlet referred to in Specification I, he teaches that the 
historic unreliability of the inspired author of Chronicles extended to 



OF THE HOLY SCRIPTURE. 59 

other inspired historic writers of the Old Testament. — Page 102, cited 
below. 

SPECIFICATION VII. 

In the pamphlet referred to in Specification I, he teaches that the 
historic unreliability charged by him upon the inspired historical writers 
of the Old Testament is chargeable, though in a less degree, upon the 
inspired writers of the New Testament. — Page 115, cited below. 

SPECIFICATION VIII. 

In the pamphlet referred to in Specification I, he teaches that the 
disclosures of religious experience given by the inspired authors of the 
Psalms are not in accord with the mind of the Holy Spirit, and free 
from moral defect. — Page 101, cited below. 

SPECIFICATION IX. 

In the pamphlet referred to in Specification I, he teaches that the 
assertions made by the inspired authors of the Psalms are not to be relied 
upon as absolutely true. — Page 101, cited below. 

SPECIFICATION X. 

In the pamphlet referred to in Specification I, he teaches that the last 
twenty -seven chapters of the Book of Isaiah are not correctly ascribed 
to him. — Pages 95, 96, cited below. 

SPECIFICATION XI. 

In the pamphlet referred to in Specification I, he specifically affirms 
the impossibility of the Old Testament Scriptures being free from all 
error of fact. — Page 92, cited below. 

Quotations from " Biblical Scholarship and Inspiration." 

Page 92: "I have always supposed Dr. Charles Hodge to mean the 
same thing when he says (Theol., i, 152) that the Scriptures are ' free 
from all error, whether of doctrine, fact or precept.' If what the 
sacred writers assert, he says later (p. 163), ' God asserts, which, as 
has been shown, is the Scriptural idea of inspiration, their assertions 
must be free from error. ' Again, he says, ' The whole Bible was written 
under such an influence as preserved its human authors from all error, 
and makes it for the Church the infallible rule of faith and practice.' 
Notice there are two statements here. Had Dr. Hodge contented himself 
with affirming that the whole Bible Avas written ' under such an influence 
as makes it for the Church the infallible rule of faith and practice, ' no 
one could have objected. The other clause is the one to which we object, 
and ivhose application to the Old Testament I affirm to be impossible." 

Pages 94 and 95 : " The first class of facts is the least important, and 
may be said not to bear upon inerrancy. It includes the cases where 
writings have been included in the books of those who were not their 
authors 

" Strictly speaking, the hypothesis does not contradict the doctrine of 
inerrancy, and I should not have alluded to it except to prepare the way 
for a similar case which has made no small scandal in the theological 
world. I allude, of course, to the Book of Isaiah. Divest your mind 
now of preconceptions, and look at this case. Let us suppose the redac- 
tor of the book of the minor prophets to have had a Book of Isaiah, 
which included only the first thirty -nine chapters of our book of that 



60 CONFESSION OF FAITH, CHAP. I, SECT. II. 

name. He has also in his possession the magnificent evangelical prophecy 
which is (p. 95) more familiar to us than almost any other part of the 
Old Testament. He does not know the author's name, or perhaps it is 
not safe to have it known. What more likely than that he should make 
of it an appendix to the book of the kindred prophet — the two together 
make up a roll about the size of the book of the twelve ? This would 
not be out of harmony with the process of gathering the other book, and 
the only way in which it would violate the strictest theory of inspiration 
is in making appear as Isaiah' s what is not his. ' ' 

Page 96: " Read this and you will feel that the message could have 
come with appropriateness to the people in the captivity, and not to the 
people of Isaiah's time, whose situation was so different. This is, at any 
rate, the conclusion of the majority of the critics. No one denies the 
genuineness of the prophecy; no one denies that it is a genuine prophecy 
that is, and this being admitted, it gains in force and beauty on the criti- 
cal theory." 

Page 100: " For arguing on the basis of individual style, we discover 
that the redactor has generally left unaltered the documents he has 
embodied in his narrative. His supervision has generally gone only so 
far as to make an occasional note, or insert a connecting phrase. Or 
does his inerrancy extend simply to the reproduction, so that our confi- 
dence extends only to the accuracy of his quotation ? This, indeed, is 
what the critics generally accept. But it is far from what the advocates 
of inerrancy claim. Unless we can assume the standing miracle, the 
historical sources of the Old Testament need, in order to discover the 
truth of events, the same sort of analysis, sifting and cross-questioning 
that must be given to other sources of history, and this analysis, sifting 
and cross-questioning, is precisely — higher criticism." 

Page 101: " The value of the Book of Job lies in the spectacle of a 
human soul in the direst affliction, working through its doubts, and at 
last humbly confessing its weakness and sinfulness in the presence of its 
Maker. The inerrancy is in the truth of the picture presented. It 
cannot be located in any statement of the author or of any of his char- 
acters. The same is true of the Psalms. They present us a picture of 
pious experience in all its phases. We see every variety of soul in every 
variety of emotion. The assertions of the authors cannot be taken for 
absolute truth 

" The Psalms present us a record of actual experience of believers in 
the past. We can study and profit by this experience all the more that 
it has in it human weakness. The subjects of the experience doubtless 
had the power of correctly expressing their feelings, but that is not the 
inerrancy which has been claimed for them, and which the theologians 
desire. The imprecations, which have been such a stumbling-block to 
some, are enough to prove this point." 

Pages 101-103: (101) " So far we have noticed the difficulty of apply- 
ing the theory of inerrancy. We are in a position, however, to go 
further. We have, as you know, tw T o parallel histories in the [102] Old 
Testament. One is contained in the books from Genesis to 2 Kings; the 
other is contained in the Books of Chronicles. These latter, indeed, 
once were joined with Ezra and Nehemiah, so as to form a continuous 
narrative (if narrative it may be called, where so much is simply genea- 
logical) from Adam to the Persian monarchy. But this does not now con- 
cern us. For our present inquiry, we are interested in the two forms of 



OF THE HOLY SCRIPTURE. 61 

the history of Israel as presented on the one side by the Books of Samuel 
and Kings; and on the other in the Books of Chronicles. The study of 
these books shows the method of the authors with a definiteness which 
leaves nothing to be desired. "We see that the chronicler had before him 
our Book of Kings as one of his sources. He takes from it what suits 
his purpose. What he takes he generally transfers without material 
change. He omits a good deal which does not answer his purpose, and 
he inserts a good deal from other sources. He pursues exactly the plan, 
that is, which we suppose to have been followed by the other historical 
writers. Now compare the following passages." (Dr. Smith then 
compares 2 Sam. viii. 4 with 1 Chron. xviii. 3; 2 Sam. x. 16 with 
1 Chron. xxix. 6; 2 Sam. x. 18 with 1 Chron. xix. 18; 2 Sam. xxiv. 
9 with 1 Chron. xxi. 5; 2 Sam. xxxiv. 24 with 1 Chron. xxi. 25; 1 
Kings iv. 26 with 2 Chron. ix. 25 ; 1 Kings xvi. 2 with 2 Chron. iii. 4, 
and 1 Kings vii. 26 with 2 Chron. iv. 5. ) 

Page 103: " Now it will be said at once that these are all discrepancies 
in numbers, which are very liable to corruption, and that, therefore, these 
are all cases of error in transmission. But I ask you to notice that these 
are all, but one, cases in which the larger number is in the text of the 
chronicler. Where the age of a king or the length of his reign is con- 
cerned, I have not taken account of the difference. But in matters of 
statistics it is curious that the errors should be nearly all one way. Re- 
membering that the chronicler was much further aAvay in time from the 
events narrated, we find it natural that he should have an exaggerated 
idea of the resources of his country in the days of her glory. In the case 
of David's purchase of the field of Oman, he finds the price a niggardly 
one for the prince to pay. He, therefore, does not hesitate (supposing 
that a mistake has been made) to put in a larger sum. Of course we 
need not lay this to the charge of the final redactor of the book. He had 
probably before him other written elaborations of the history in which 
his exaggerated idea of the past was already embodied. The personal 
equation is as difficult to suppress in the historian as is individuality of 
style. Why should one be overruled any more than the other ? " 

Page 104: " Now, we all know how difficult it is to picture to ourselves 
a different piety from our own. Abraham, the Father of the Faithful, 
we picture to ourselves as an enlightened Christian of the nineteenth 
century. We do not like to confess that he was guilty of deception, or 
that Jacob, the prince of God, took an unfair advantage of his own 
brother. So with the chronicler. He could think of David only as a 
saint of his own pattern. Therefore he does not copy from the older 
history the shadows that rest upon David' s life — his adultery, the trouble 
with Amnon, the usurpation of Absalom and Adonijah, the charge of 
vengeance he delivered to Solomon— these are left out of his history alto- 
gether. To him David is the nursing father of the legitimate priest- 
hood, and the virtual builder of the Temple." 

Pages 104, 105: " But you will say this does not give us error in the 
record. Let me then call attention to the following: [Dr. Smith then 
compares 1 Kings ix. 11 with 2 Chron. viii. 2; and 1 Kings xv. 14 
with 2 Chron. xiv. 3-5.] 

" These certainly look on their face like direct contradictions, and if 
we allow for the personal equation of which I have spoken, we can 
easily explain them. It would be hard, indeed, for a Jew of the Persian 
period to imagine Solomon giving away the sacred territory of Israel to 



62 CONFESSION OF FAITH, CHAP. I, SECT. II. 

the heathen king. Rather must he suppose the mighty Solomon to he 
the recipient of gifts of territory. The same line of reasoning is [105] 
followed in the second quotation. The high places were the old sanctu- 
aries of Jehovah, regarded as legitimate before the building of the 
Temple, even by the author of the Book of Kings (1 Kings iii. 2), and 
used without reserve by Samuel. As time went on they fell more and 
more into disrepute, and after the exile the requirements of the law were 
carried out, and the only sanctuary of the people was the temple at 
Jerusalem. The remembrance of the high places was only that of 
illegitimate places of worship. The chronicler and his generation could 
not imagine a good king as even tolerating them. Hence the change in 
his account." 

Pages 108, 109: " It is clear that we cannot ascribe freedom from error 
to the statements of a book compiled in this way. You will say, then it 
should be cast out of the Canon. To which I reply, by no means. The 
Book of Chronicles is invaluable to us, not for what it directly teaches, 
but for the light it throws indirectly upon its own time. What the Jews 
of the Persian monarchy were thinking, how they regarded the older 
history, how they were preparing the way for the scribes and Pharisees, 
for the crucifixion and the Roman war, for the Talmud and Barkochba 
— this is made known to us in the Book of Chronicles and by almost no 
other book in the Bible. But it is made known to us by reading between 
the lines, that is to say, by considering and weighing not what the 
author says of others, but by what he betrays of himself. What is the 
truth of history, my friends ? Is it simply the narrative of events 
definitely defined, and labeled, and arranged in order ? Is it a catalogue 
of kings, of each of which it records that he was born, made war and 
died ? Is it not rather a series of pictures, each of which describes an 
age with its thoughts, its aspirations, its ideals ? If so, sacred history 
cannot be made up by a string of inerrant statements. ' ' 

Note, page 108: "As some questions have been raised by my assertions 
about the chronicler, I will add that of course I do not suppose him 
guilty of intentional falsification of the record. He had before him, it 
would appear, a considerable literature which commented on the history 
in the spirit of the time — his changes are made from these documents. 
The ideas which govern this literature were a part of the mental furni- 
ture of the chronicler himself. His inspiration, which made him a 
source of religious edification to his contemporaries, and which makes his 
work still a part of the infallible rule of faith, did not correct his his- 
torical point of view, any more than it corrected his scientific point of 
view, which no doubt made the earth the centre of the solar system. ' ' 

Page 109: " It must show unconsciously and by suggestion the spirit 
that informs the Church of God and makes it live and grow. To secure 
us an inerrant chronicle of dates and names would not give us this 
history. To give us the pictures of the men drawn by themselves is to 
give us this history. To discover these pictures, and to locate them, 
and set them in their true light, is the work of Biblical theology working 
by criticism." 

Page 115 : "Only it should be observed that the chances for error in the 
Old Testament are much greater than in the New Testament. The Old 
Testament took form in a cruder state of society and its books cover a 
much greater period of time than is the case in the New Testament. 
We should naturally expect greater difficulties in the Old Testament. 



OF THE HOLY SCRIPTURE. 63 

The caution exercised with regard to a priori theories in regard to the 
New Testament commends itself with double force, when we come to the 
Old." 

These declarations are contrary to the Scriptures: 2 Tim. iii. 16, 17; 
2 Peter i. 20, 21; 2 Peter iii. 15, 16, R.V.; John x. 34-36; Deut. iv. 
2; Rev. xxii. 18, 19; Exod. iv. 14-16; Num. xvi. 28-30, 33; Num. 
xxiii. 7, 8; Num. xxiii. 12, 13; Num. xxiii. 25, 26; Num. xxiv. 12, 
13; 1 Cor. x. 11; 1 Cor. xiv. 37; Num. xii. 6-8; Deut. xxviii. 1, 15; 
Jer. xxxvi. 16; Isa. li. 1-6; Jer. i. 9; Jer. ii. 1; Psa. xcv. 7, 8; Heb. 
iii. 7, 8; Heb. i. 1, 2, R.V.; Jer. xxxi. 33; Heb. x. 15, 16, R.V.; 
Matt. x. 19, 20; Luke xii. 11, 12; John xiv. 26; John xvi. 13-15; 
Luke xxiv. 27; Luke xxiv. 44, 45; John v. 46, 47; Matt. iv. 4, 7, 
10; Matt. v. 17, 18; Isa. viii. 20; 1 Peter i. 23, 25; 2 Sam. xxiii. 2; 
Psa. xix. 7; Dan. x. 21; Num. xxiii. 19; Psa. cxix. 160; Prov. xxx. 
5, 6; Matt. i. 22, cf also R.V. ; Acts i. 16; John xvii. 16, 17; Matt. 
xxiv. 35; Matt. xxii. 29, 32; John xvii. 12; Acts xxiv. 14; Mark xii. 
36; Actsiv. 24, 25; Acts iii. 21; 1 Thess. ii. 13; Gal. iii. 8; Gal. iii. 
16; 1 Peter i. 10, 11 ; James iv. 5, cf. also R.V. ; John xix. 24; John 
xix. 36, 37; Matt. iii. 3, cf Isa. xl. 3; Matt. viii. 17, cf. Isa. liii. 4; 
Matt. xii. 17, 18; Matt. xii. 17, cf. Isa. xl. 1; Luke iii. 4, 5, 6, cf. 
Isa. xl. 3, 4, 5; Luke iv. 17-19, cf Isa. lxi. 1, 2; John i. 23, cf. 
Isa. xl. 3; Rom. x. 16, 20; John xii. 38, cf. Isa. liii. 1; Acts viii. 28, 
30, cf Isa. liii. 7, 8. 

These declarations are contrary to our Standards: Confession of Faith, 
Chap, i, Sees, i, ii, iv, v, viii, ix, x; Chap, xiv, Sec. ii; Larger Cate- 
chism, [questions] 2 and 3, 4 and 157. 

Charge III. 

The Presbyterian Church in the United States of America charges the 
Rev. Henry Preserved Smith, D.D., a minister in said Church, a mem- 
ber of the Presbytery of Cincinnati, in a pamphlet entitled " Biblical 
Scholarship and Inspiration," while alleging that the Holy Scriptures 
are inspired, and an infallible rule of faith and practice, with denying 
in fact their inspiration in the sense in which inspiration is attributed to 
the Holy Scriptures, by the Holy Scriptures themselves and by the 
Confession of Faith. 

SPECIFICATION I. 

In a pamphlet entitled " Biblical Scholarship and Inspiration," pub- 
lished by the said Rev. Henry Preserved Smith, D.D., in different 
editions in the year 1891, which pamphlet has been extensively circulated 
with his knowledge and approval, he teaches that the inspiration of the 
Holy Scriptures is consistent with the unprofitableness of portions of the 
sacred writings. — Page 116, cited below. 

SPECIFICATION II. 

In the pamphlet referred to in Specification I, he teaches that the 
inspiration of the Holy Scriptures is consistent with error of fact in their 
affirmations.— Pages 92, 95, 96, 100, 101, 102, 103, 104, 105, 107, 109, 
115, cited under Charge II; 93, cited below. 

SPECIFICATION III. 

In the pamphlet referred to in Specification I, he teaches that the 
inspiration of the Holy Scriptures is consistent with such unreliability in 



64 CONFESSION OF FAITH, CHAP. I, SECT. II. 

their utterances that the truth of events cannot be ascertained from their 
utterances themselves. — Pages 100, 102, 108, 109, cited under Charge II. 

SPECIFICATION IV. 

In the pamphlet referred to in Specification I, he teaches that the 
inspiration of the Holy Scriptures is consistent with a bias in the inspired 
writers, rendering them incapable of recording the truth of events 
because incapable of believing it. — Pages 104, 105, 107, 109, cited 
under Charge II. 

Quotations from "Biblical Scholarship and Inspiration." 

Page 116: "All Scripture is God -inspired — true. But the remarkable 
thing is that the text affirms more than this. All Scripture is not only 
God -inspired, but all Scripture is ' profitable for teaching, for reproof, 
for correction, for instruction which is in righteousness ; that the man of 
God may be furnished completely unto every good work. ' This seems 
to me the hardest part of it. I find no difficulty in supposing the list of 
dukes of Edom God -inspired, even though in the original autographs it 
had some names wrongly placed, but do you make it profitable for 
instruction in righteousness ? Do you make it profitable to yourself for 
completely furnishing yourself to every good work ? If not, you can 
not lightly condemn me for not drawing your deduction from its inspira- 
tion." 

Page 93 : " First, however, allow me a word of personal explanation. 
Some years ago, when a candidate for ordination, I received as a text 
for my trial sermon the well-known passage of 2 Timothy: 'All Scrip- 
ture is given by inspiration of God.' In that sermon I took the 
very ground of the authors I have been quoting. For more than fifteen 
years since that time I have been engaged in direct daily study of the 
Old Testament. It has been my duty to familiarize myself with the 
facts of the record, and as well with the statements of scholars about 
these facts. I well recall the reluctance which I felt to read some 
books which departed from ' the views commonly received among us,' 
and on reflection I cannot convict myself of undue sympathy with 
German mysticism or rationalism. But I have felt it my duty to know 
facts, and I sincerely believe that the truth of God is evident in all the 
facts of His Word. But in the examination of facts to which I now 
proceed, remember that it is my desire to give no one pain, and I ask 
you not to take my statement, but to examine the record itself. ' ' 

b. Finding and judgment of the Presbytery of Cincinnati. 

On December 13, Presbytery suspended the accused from the ministry 
in the following action: 

' ' Charges II and III have thus been proved, and Dr. Smith is found 
guilty of both charges. 

" Therefore the judgment of the Presbytery sitting as a Court is, that 
the Eev. Henry Preserved Smith, D. D. , be, and hereby is, suspended 
from the ministry of the Presbyterian Church until such time as he shall 
make manifest, to the satisfaction of Presbytery, his renunciation of the 
errors he has been found to hold, and his solemn purpose no longer to 
teach or propagate them." 



OF THE HOLY SCRIPTURE. 65 

C. Appeal of Dr. Smith to the Synod of Ohio. 

[From this action of the Presbytery of Cincinnati, Dr. Smith took an 
appeal to the Synod of Ohio, meeting in Cincinnati, October 10-13, 
1893. 

The appeal was entertained by the Synod, and, after trial had, it was 
not sustained, 51 to 78. 

No one of the specifications of error having been sustained, and no 
error having been found in the record, the Moderator declared the judg- 
ment of the inferior judicatory to be affirmed.] — Minutes, Synod of 
Ohio, 1893, p. 173. 

d. Appeal of Dr. Smith to the General Assembly ; judgment of Synod 

affirmed. 

From this decision and final judgment of the Synod of Ohio, Dr. 
Smith took an appeal to the General Assembly. 

[Note. — For the Appeal in full, see Minutes, 1894, pp. 197-201.] 

The appeal was entertained, and, after full discussion and trial had, 
was not sustained, 102 to 396. 

The Moderator made announcement as follows: 

No specification of error having been sustained, and the appeal as a 
whole not having been sustained, the judgment of the Synod of Ohio in 
the case of the Presbyterian Church in the United States of America vs. 
Rev. H. P. Smith, D.D., has been and is afiirmed.— 1894, p. 106. 

[Note.— See also in this connection the action of the Assembly on a Memorial from 
the Independent Synod of Missouri.— 1874, p. 30. J 

III. The books commonly called Apocrypha, not being of divine 
inspiration, are no part of the canon of the Scripture; and therefore are 
of no authority in the Church of God, nor to be any otherwise approved, 
or made use of, than other human writings. 

IV. The authority of the Holy Scripture, for which it ought to be 
believed and obeyed, dependeth not upon the testimony of any man or 
church, but wholly upon God, (who is truth itself,) the author thereof; 
and therefore it is to be received, because it is the Word of God. 

V. We may be moved and induced by the testimony of the Church 
to an high and reverent esteem of the Holy Scripture; and the heaven - 
liness of the matter, the efficacy of the doctrine, the majesty of the 
style, the consent of all the parts, the scope of the whole, (which is to 
give all glory to God,) the full discovery it makes of the only way of 
man's salvation, the many other incomparable excellencies, and the 
entire perfection thereof, are arguments whereby it doth abundantly evi- 
dence itself to be the Word of God; yet, notwithstanding, our full per- 
suasion and assurance of the infallible truth, and divine authority thereof, 
is from the inward work of the Holy Spirit, bearing witness by and with 
the Word in our hearts. 

VI. The whole counsel of God, concerning all things necessary for 
his own glory, man's salvation, faith, and life, is either expressly set 
down in Scripture, or by good and necessary consequence may be 



66 CONFESSION OF FAITH, CHAPS. I-II. 

deduced from Scripture : unto which nothing at any time is to be added, 
whether by new revelations of the Spirit or traditions of men. Never- 
theless we acknowledge the inward illumination of the Spirit of God to 
be necessary for the saving understanding of such things as are revealed 
in the Word: and there are some circumstances concerning the worship 
of God and government of the Church, common to human actions and 
societies, which are to be ordered by the light of nature and Christian 
prudence, according to the general rules of the Word, which are always 
to be observed. 

VII. All things in Scripture are not alike plain in themselves, nor 
alike clear unto all; yet those things which are necessary to be known, 
believed, and observed, for salvation, are so clearly propounded and 
opened in some place of Scripture or other, that not only the learned, but 
the unlearned, in a due use of the ordinary means, may attain unto a 
sufficient understanding of them. 

VIII. The Old Testament in Hebrew, (which was the native language 
of the people of God of old,) and the New Testament in Greek, (which 
at the time of the writing of it. was most generally known to the na- 
tions, ) being immediately inspired by God, and by his singular care and 
providence kept pure in all ages, are therefore authentical; so as in all 
controversies of religion the Church is finally to appeal unto them. But 
because these original tongues are not known to all the people of God 
who have right unto and interest in the Scriptures, and are commanded, 
in the fear of God, to read and search them, therefore they are to be 
translated into the vulgar language of every nation unto which they 
come, that the Word of God dwelling plentifully in all, they may wor- 
ship him in an acceptable manner, and, through patience and comfort of 
the Scriptures, may have hope. 

1. The Bible, in its various translations, is the very Word of God. 

The following deliverance was offered on the inspiration and integrity 
of the Scriptures: 

Resolved, That the Bible as we now have it, in its various translations 
and versions, when freed from all errors and mistakes of translators, 
copyists, and printers, is the very Word of God, and consequently 
wholly without error. 

This deliverance was unanimously adopted. — 1893, p. 169. 

Resolved, That all our ministers be careful, in expounding the Word 
publicly, so to expound, as to inspire and sustain confidence in our excel- 
lent version, as truly the Word of God ; believing, as we do, that the 
honest -hearted inquirer searching after the truth, with a teachable spirit, 
will find it.— 1855, N. S., p. 28. 

IX. The infallible rule of interpretation of Scripture is the Scripture 
itself ; and therefore, when there is a question about the true and full 
sense of any scripture, (which is not manifold, but one, ) it may be 
searched and known by other places that speak more clearly. 



OF THE SCRIPTURES, GOD, AND THE TRINITY. 67 

X. The Supreme Judge, by whom all controversies of religion are to 
be determined, and all decrees of councils, opinions of ancient writers, 
doctrines of men, and private spirits, are to be examined, and in whose 
sentence we are to rest, can be no other but the Holy Spirit speaking in 
the Scripture. 



CHAPTER II. 
OF GOD, AND OF THE HOLY TRINITY. 

I. There is but one only living and true God, who is infinite in being 
and perfection, a most pure spirit, invisible, without body, parts, or 
passions, immutable, immense, eternal, incomprehensible, almighty, 
most wise, most holy, most free, most absolute, working all things 
according to the counsel of his own immutable and most righteous will, 
for his own glory; most loving, gracious, merciful, long-suffering, 
abundant in goodness and truth, forgiving iniquity, transgression, and 
sin; the rewarder of them that diligently seek him; and withal most just 
and terrible in his judgments, hating all sin, and who will by no means 
clear the guilty. 

II. God hath all life, glory, goodness, blessedness, in and of himself; 
and is alone in and unto himself all-sufficient, not standing in need of 
any creatures which he hath made, nor deriving any glory from them, 
but only manifesting his own glory in, by, unto, and upon them: he 
is the alone fountain of all being, of whom, through whom, and to 
whom, are all things; and hath most sovereign dominion over them, 
to do by them, for them, and upon them, whatsoever himself pleaseth. 
In his sight all things are open and manifest; his knowledge is infinite, 
infallible, and independent upon the creature, so as nothing is to him 
contingent or uncertain. He is most holy in all his counsels, in all his 
works, and in all his commands. To him is due from angels and men, 
and every other creature, whatsoever worship, service, or obedience, he is 
pleased to require of them. 

III. In the unity of the Godhead there be three persons of one sub- 
stance, power, and eternity; God the Father, God the Son, and God 
the Holy Ghost. The Father is of none, neither begotten nor pro- 
ceeding; the Son is eternally begotten of the Father ; the Holy Ghost 
eternally proceeding from the Father and the Son. 

[Note. — See under Chap, vi, case of John Miller, Specification 3.] 

1. Refusal to alter the language of the Confession. 

Overture from Rev. Sayres Gazley in relation to changes in the lan- 
guage of our Confession of Faith, regarding the doctrine of the Trinity 
and other doctrines. 

The Committee recommend as an answer, that no change in the Ian- 



bO CONFESSION OF FAITH, CHAPS. III-V. 

guage of the Confession, respecting the points suggested, is desirable, 
or consistent with the Word of God. Adopted unanimously. — 1859, 
p. 532, 0. S. 



CHAPTER III. 
OF GOD'S ETERNAL DECREE. 

I. God from all eternity did by the most wise and holy counsel of 
his own will, freely and unchangeably ordain whatsoever comes to pass : 
yet so as thereby neither is God the author of sin, nor is violence offered 
to the will of the creatures, nor is the liberty or contingency of second 
causes taken away, but rather established. 

II. Although God knows whatsoever may or can come to pass upon ' 
all supposed conditions; yet hath he not decreed anything because he 
foresaw it as future, or as that which would come to pass upon such 
conditions. 

[Note. — See case of Samuel Harker, under Chap, vii, below.] 

III. By the decree of God, for the manifestation of his glory, some 
men and angels are predestinated unto everlasting life, and others fore- 
ordained to everlasting death. 

IV. These angels and men, thus predestinated and fore -ordained, are 
particularly and unchangeably designed; and their number is so certain 
and definite that it cannot be either increased or diminished. 

V. Those of mankind that are predestinated unto life, God, before the 
foundation of the world was laid, according to his eternal and immutable 
purpose, and the secret counsel and good pleasure of his will, hath chosen 
in Christ, unto everlasting glory, out of his mere free grace and love, 
without any foresight of faith or good works, or perseverance in either 
of them, or any other thing in the creature, as conditions, or causes mov- 
ing him thereunto; and all to the praise of his glorious grace. 

VI. As God hath appointed the elect unto glory, so hath he, by the 
eternal and most free purpose of his will, fore-ordained all the means 
thereunto. Wherefore they who are elected being fallen in Adam, are 
redeemed by Christ, are effectually called unto faith in Christ by his 
Spirit working in due season; are justified, adopted, sanctified, and kept 
by his power through faith unto salvation. Neither are any other 
redeemed by Christ, effectually called, justified, adopted, sanctified, 
and saved, but the elect only. 

VII. The rest of mankind, God was pleased, according to the un- 
searchable counsel of his own will, whereby he extendeth or withholdeth 
mercy as he pleaseth, for the glory of his sovereign power over his crea- 
tures, to pass by, and to ordain them to dishonor and wrath for their sin, 
to the praise of his glorious justice. 



THE ETERNAL DECREE, CREATION AND PROVIDENCE. 69 

VIII. The doctrine of this high mystery of predestination is to be 
handled with special prudence and care, that men attending the will 
of God revealed in his Word, and yielding obedience thereunto, may, 
from the certainty of their effectual vocation, be assured of their eternal 
election. So shall this doctrine afford matter of praise, reverence, and 
admiration of God; and of humility, diligence, and abundant consola- 
tion, to all that sincerely obey the Gospel. 

[Note. — See case of Thomas B. Craighead, under Chap, xi, below.] 



CHAPTER IV. 
OF CREATION. 

I. It pleased God the Father, Son , and Holy Ghost, for the manifes- 
tation of the glory of his eternal power, wisdom, and goodness, in the 
beginning, to create, or make of nothing, the world, and all things 
therein, whether visible or invisible, in the space of six days, and all very 
good. 

II. After God had made all other creatures, he created man, male 
and female, with reasonable and immortal souls, endued with knowledge, 
righteousness, and true holiness, after his own image, having the law of 
God written in their hearts, and power to fulfill it; and yet under a pos- 
sibility of transgressing, being left to the liberty of their own will, which 
was subject unto change. Besides this law written in their hearts, they 
received a command not to eat of the tree of the knowledge of good 
and evil; which while they kept they were happy in their communion 
with God, and had dominion over the creatures. 

[Note.— See case of John Miller, under Chap, vi, Sec. vi, Specification 1.] 



CHAPTER V. 
OF PROVIDENCE. 



I. God, the great Creator of all things, doth uphold, direct, dispose, 
and govern all creatures, actions, and things, from the greatest even to the 
least, by his most wise and holy providence, according to his infallible 
foreknowledge, and the free and immutable counsel of his own will, to 
the praise of the glory of his wisdom, power, justice, goodness, and mercy. 

H. Although, in relation to the foreknowledge, and decree of God, 
the first cause, all things come to pass immutably and infallibly, yet, by 
the same providence, he ordereth them to fall out according to the 
nature of second causes, either necessarily, freely, or contingently. 



70 CONFESSION OF FAITH. CHAPS. V-VI. 

III. God, in his ordinary providence, maketh use of means, yet is 
free to work without, above, and against them, at his pleasure. 

IV. The almighty power, unsearchable wisdom, and infinite goodness 
of God, so far manifest themselves in his providence, that it extendeth 
itself even to the first fall, and all other sins of angels and men, and 
that not by a bare permission, but such as hath joined with it a most 
wise and powerful bounding, and otherwise ordering and governing of 
them, in a manifold dispensation, to his own holy ends; yet so, as the 
sinfulness thereof proceedeth only from the creature, and not from God ; 
who being most holy and righteous, neither is, nor can be the author or 
approver of sin. 

V. The most wise, righteous, and gracious God doth oftentimes leave 
for a season his own children to manifold temptations, and the corruption 
of their own hearts, to chastise them for their former sins, or to discover 
unto them the hidden strength of corruption and deceitfulness of their 
hearts, that they may be humbled ; and to raise them to a more close and 
constant dependence for their support upon himself, and to make them 
more watchful against all future occasions of sin, and for sundry other 
just and holy ends. 

VI. As for those wicked and ungodly men, whom God as a righteous 
judge, for former sins, doth blind and harden, from them he not only 
withholdeth his grace, whereby they might have been enlightened in their 
understandings, and wrought upon in their hearts ; but sometimes also 
withdraweth the gifts which they had, and exposeth them to such objects 
as their corruption makes occasion of sin; and withal, gives them over 
to their own lusts, the temptations of the world, and the power of Satan: 
whereby it comes to pass that they harden themselves, even under those 
means which God useth for the softening of others. 

VII. As the providence of God doth, in general, reach to all crea- 
tures; so, after a most special manner, it taketh care of his Church, 
and disposeth all things to the good thereof. 



CHAPTER VI. 

OF THE FALL OF MAN, OF SIN, AND OF THE 
PUNISHMENT THEREOF. 

I. Our first parents, being seduced by the subtlety and temptation of 
Satan, sinned in eating the forbidden fruit. This their sin God was 
pleased, according to his wise and holy counsel, to permit, having pur- 
posed to order it to his own glory. 

II. By this sin they fell from their original righteousness, and com- 
munion with God, and so became dead in sin, and wholly defiled in all 
the faculties and parts of soul and body. 



OF THE FALL OF MAN, OF SIN, AND OF THE PUNISHMENT THEREOF. 71 

III. They being the root of all mankind, the gnilt of this sin was im- 
puted, and the same death in sin and corrupted nature conveyed, to all 
their posterity, descending from them by ordinary generation. 

[Note.— See case of John Miller, under Sec. vi, below.] 

IV. From this original corruption, whereby we are utterly indisposed, 
disabled, and made opposite to all good, and wholly inclined to all evil, 
do proceed all actual transgressions. 

V. This corruption of nature, during this life, doth remain in those 
that are regenerated: and although it be through Christ pardoned and 
mortified, yet both itself, and all the motions thereof, are truly and 
properly sin. 

VI. Every sin, both original and actual, being a transgression of the 
righteous law of God, and contrary thereunto, doth, in its own nature, 
bring guilt upon the sinner, whereby he is bound over to the wrath of 
God, and curse of the law, and so made subject to death, with all 
miseries spiritual, temporal, and eternal. 

1. Case of Rev. Hezekiah Balch. 

The -consideration of the references relative to Mr. Balch was re- 
sumed, and after some amendments made on the draught brought in by 
the Committee, it was adopted, and is as follows, viz. : 

They remark upon the first article of the creed aforesaid that Mr. 
Balch is erroneous in making disinterested benevolence the only definition 
of holiness or true religion, because this may perplex the minds of 
those not accustomed to abstract speculations, is questionable in itself, 
and may convey the idea that an absolute God, or a God out of Christ, 
is the object of the highest affection to the renewed mind. 

On the second article they remark that he has confounded self-love 
with selfishness in an abstract speculation calculated to puzzle plain Chris- 
tians and lead to unprofitable disputes. 

On the third article they remark that the transferring of personal sin 
or righteousness has never been held by Calvinistic divines, nor by any 
person in our Church, so far as is known to us, and therefore that Mr. 
Balch' s observations on that subject appear to be either nugatory or 
calculated to mislead. With regard to his doctrine of original sin, it is 
to be observed that he is erroneous in representing personal corruption 
as not derived from Adam, making Adam' s sin to be imputed to his pos- 
terity in consequence of a corrupt nature already possessed, and derived 
from ive know not what; thus, in effect, setting aside the idea of Adam's 
being the federal head or representative of his descendants, and the 
whole doctrine of the covenant of works. 

It is also manifest that Mr. Balch is greatly erroneous in asserting 
that the formal cause of a believer's justification is the imputation of the 
fruits and effects of Christ's righteousness, and not that righteousness 
itself, because righteousness, and that alone, is the formal demand of the 
law, and consequently the sinner's violation of the divine law can be par- 
doned only in virtue of the Redeemer's perfect righteousness being 
imputed to him and reckoned as his. It is also not true that the benefits 
of Christ's righteousness are, with strict propriety, said to be imputed at 



72 CONFESSION OF FAITH, CHAP. VI, SECT. VI. 

all, as these benefits flow to and are possessed by the believer as a con- 
sequence of his justification and having an interest in the infinite merits 
of the Saviour. 

On the fourth article no remark is necessary. 

With regard to the fifth article it is to be remarked that Mr. Balch 
appears to confound sentiment with the mere perception of truth, whereas 
it always partakes of the disposition of the heart, and consequently in- 
volves in it either sin or holiness. The article as stated by him contra- 
dicts the principle laid down in the introduction to our Form of Govern- 
ment, and levels the important distinction between truth and falsehood 
so as to be liable to the construction that it is no matter what a man 
believes. And though Mr. Balch may not, and probably did not, 
intend to insinuate anything disrespectful to the Holy Scriptures, where he 
asserts that ' ' there are wrong sentiments in the Bible, ' ' yet, as his ex- 
pression is liable to such a construction, we judge it highly censurable. 

With regard to the sixth and seventh articles, no remarks seem to 
be necessary, except that the offense given by the reflection cast 
on his brethren, the Presbyterians, in the seventh, has been sufficiently 
removed by his candid acknowledgment before the Synod and General 
Assembly. 

The eighth, ninth and tenth articles require no remark, except that 
they appear to be unimportant. 

With regard to the twelfth article it is remarked that his observation 
upon love as exercised by the human race, so far as it may be applicable 
to a state of infancy, is unintelligible, and that though a distinction may 
be made between regeneration and conversion, yet the terms in which the 
article is expressed are exceptionable, as they seem to discourage the 
use of the means of grace. 

With regard to the thirteenth article it is remarked that in making 
repentance and faith to proceed wholly from love or charity, Mr. Balch 
has expressed an opinion unnecessary and improper. 

In regard to the subject of false doctrine, in discoursing from Psalm 
li. 5 and Isaiah xlviii. 8, nothing seems necessary to be added to the 
remarks made on the subject of original sin as contained in Mr. Balch' s 
creed, except that he charges Calvinistic divines with holding sentiments 
relative to infants which they do not hold; and that he makes positive 
declarations in regard to the state of infants, when it has pleased a wise 
and holy God to be silent on this subject in the revelation of his will. 

In regard to the subject of indecent language alleged to have been used 
in the pulpit by Mr. Balch, it is remarked, that if he was not misun- 
derstood by the witnesses, he has, notwithstanding, declared such a deep 
and suitable abhorrence of all such language in public discourse as ren- 
ders it unnecessary to take any further notice of it. 

On the whole, your Committee recommend that Mr. Balch be required 
to acknowledge before the Assembly that he was wrong in the publica- 
tion of his creed; that in the particulars specified as above he renounce 
the errors therein pointed out; that he engage to teach nothing hereafter 
of a similar nature; that the Moderator admonish him of the divisions, 
disorder, trouble and inconvenience which he has occasioned to the 
Church and its judicatories by his imprudent and unwarrantable conduct, 
and warn him against doing anything in time to come that may tend to 
produce such serious and lamentable evils. That if Mr. Balch submit to 
this, he be considered as in good standing with the Church, and that the 



OP THE FALL OF MAN, OF SIN, AND OF THE PUNISHMENT THEREOF. 73 

reference and queries of the Synod of the Carolinas be considered as 
fully answered by the adoption of these measures. — 1798, pp. 155, 156. 
Mr. Balch appeared before the Assembly, acknowledged his error in 
publishing his creed, disavowed the errors imputed to him, and submitted 
to the admonition of the Assembly. — 1798, p. 158. Digest, 1886, pp. 
220-222. 

2. Appeal of Rev. John Miller, D.D., from the judgment of the Synod 

of New Jersey. 

After a full hearing of the evidence as presented by both parties in the 
case, the Assembly reached the decision not to sustain the appeal by 
the following vote: to sustain, three [3] ; to sustain in part, eighteen 
[18] ; not to sustain, two hundred and seventy -four [274]. 

This expression of the General Assembly approaches' the nearer to 
practical unanimity, since, as it is understood, those who voted to sustain 
in part have doubts only in regard to the conclusiveness of the proof 
adduced for Specification No. 2, viz. : 

' ' Mr. Miller teaches that Christ, as a child of Adam, was personally 
accounted guilty of Adam's sin; that, like other children of Adam, he 
inherited a corrupt nature; and that he needed to be, and was, redeemed 
by his own death." 

Not to recount his own admissions and assertions in the presence of the 
General Assembly, it is proper to state that the multiplied evidences 
drawn from Mr. Miller's book conclusively established the original 
charge preferred by the Presbytery of New Brunswick, viz. : 

" We charge Mr. Miller with publicly denying and assailing import- 
ant doctrines of the Confession of Faith and the Catechisms of our 
Church." 

Under this charge are the three following specifications : 

" Specification 1. — Mr. Miller teaches that the soul is not immortal; 
that at the death of the body it dies, becomes extinct, and so continues 
until the resurrection. 

"Specification 2. — Mr. Miller teaches that Christ, as a child of Adam, 
was personally accounted guilty of Adam's sin; that, like other children 
of Adam, he inherited a corrupt nature, and that he needed to be, and 
was, redeemed by' his own death. 

' ' Specification S. — Mr. Miller teaches that there is but one person in 
the Godhead." 

This decision of the General Assembly confirms the action of the 
Synod of New Jersey, which approves the resolution unanimously 
adopted by the Pr" esbytery of New Brunswick, May 4, viz. : 

"Resolved, That the Rev. John Miller, be, and hereby is, suspended 
from the ministry of the Presbyterian Church until such time as he shall 
make manifest to the satisfaction of the Presbytery his renunciation of 
the errors he has been found to hold, and his solemn purpose no longer to 
proclaim them." 

Whilst the Assembly thus declare their unwavering adherence to our 
confessional symbols, they desire at the same time to express only the 
kindest feelings toward Mr. Miller; and they make this disposition of the 
case only because the interests of truth imperatively demand it. 

While in accordance with complete freedom of conscience the General 
Assembly would urge upon all fidelity to our doctrinal Standards, they 
would, at the same time, earnestly advise any one who may entertain 



74 CONFESSION OF FAITH, CHAP. VII, SECT. VI. 

views irreconcilable with our Standards to take the authorized course, 
after consultation with his Presbytery, and peacefully withdraw from the 
ministry of our Church.— 1878, pp. 98, 99. 



CHAPTER VII. 
OF GOD'S COVENANT WITH MAN. 

I. The distance between God and the creature is so great, that 
although reasonable creatures do owe obedience unto him as their Crea- 
tor, yet they could never have any fruition of him, as their blessedness 
and reward, but by some voluntary condescension on God's part, which 
he hath been pleased to express by way of covenant. 

II. The first covenant made with man was a covenant of works, 
wherein life was promised to Adam, and in him to his posterity, upon 
condition of perfect and personal obedience. 

[Note. — See case of William C. Davis, under Chap, xi, below, p. 79.] 

III. Man, by his fall, having made himself incapable of life by that 
covenant, the Lord was pleased to make a second, commonly called the 
covenant of grace: wherein he freely offereth unto sinners life and salva- 
tion by Jesus Christ, requiring of them faith in him, that they may be 
saved; and promising to give unto all those that are ordained unto life, 
his Holy Spirit, to make them willing and able to believe. 

IV. This covenant of grace is frequently set forth in the Scripture by 
the name of a testament, in reference to the death of Jesus Christ, the 
testator, and to the everlasting inheritance, with all things belonging to 
it, therein bequeathed. 

V. This covenant was differently administered in the time of the law, 
and in the time of the gospel: under the law it was administered by 
promises, prophecies, sacrifices, circumcision, the paschal lamb, and other 
types and ordinances delivered to the people of the Jews, all fore- 
signifying Christ to come, which were for that time sufficient and effica- 
cious, through the operation of the Spirit, to instruct and build up the 
elect in faith in the promised Messiah, by whom they*had full remission 
of sins, and eternal salvation ; and is called the Old Testament. 

VI. Under the gospel, when Christ the substance was exhibited, the 
ordinances in which this covenant is dispensed are the preaching of the 
Word, and the administration of the Sacraments of Baptism and the 
Lord's Supper; which, though fewer in number, and administered with 
more simplicity and less outward glory, yet in them it is held forth in 
more fullness, evidence, and spiritual efficacy, to all nations, both Jews 
and Gentiles; and is called the New Testament. There are not, there- 
fore, two covenants of grace differing in substance, but one and the same 
under various dispensations. 



OP THE COVENANT AND OF CHRIST THE MEDIATOR. 75 

Case of Samuel Harker. 

A reference was brought into the Synod from the New Brunswick 
Presbytery respecting Mr. Samuel Harker, one of their members, as 
having imbibed and vented certain erroneous doctrines. The further 
consideration of this affair is deferred till the next sederunt — 1758, 
p. 283. 

[The matter was continued from year to year, Synod endeavoring to 
remove the difficulty and bring Mr. Harker to a sense of his error. In 
1761, Mr. Harker printed and published his views, and the Synod 
(1762) appointed a Committee to examine the book, who reported the 
next year.] 

The Synod proceeded to consider Mr. Harker' s principles, collected 
from his book by the Committee, which are in substance as follows: 

1 . That the covenant of grace is in such a sense conditional that fallen 
mankind in their unregenerate state, by the general assistance given to 
all under the gospel, have a sufficient ability to fulfill the conditions 
thereof, and so by their own endeavors to ensure to themselves regenera- 
ting grace and all saving blessings. 

2. That God has bound Himself by promise to give them regenerating 
grace upon their fulfilling what he (Mr. Harker) calls the direct condi- 
tions of obtaining it, and, upon the whole, makes a certain and an 
infallible connection between their endeavors and the aforesaid blessings. 

3. That God's prescience of future events is previous to and not 
dependent on His decrees; that His decrees have no influence on His 
own conduct, and that the foresight of faith was the ground of the decree 
of election. 

It is further observed that he often uses inaccurate, unintelligible and 
dangerous modes of expression that tend to lead people into false notions 
in several important matters, as that Adam was the federal father of his 
posterity in the second covenant as well as in the first; that the regener- 
ate are not in a state of probation for heaven, and several such like. 

The Synod judge that these principles are of a hurtful and a danger- 
ous tendency, giving a false view of the covenant of grace, perverting it 
into a new modeled covenant of works, and misrepresent the doctrine of 
the divine decrees as held by the best reformed Churches, and, in fine, 
are contrary to the Word of God and our approved Standards of doc- 
trine.— 1763, p. 329. 

[Note.— See Baird's Digest, pp. 624-626; Moore's Digest, 1886, pp. 218, 219.] 



CHAPTER VIII. 

OF CHRIST THE MEDIATOR. 

I. It pleased God, in his eternal purpose, to choose and ordain the 
Lord Jesus, his only begotten Son, to be the Mediator between God and 
man ; the prophet, priest, and king ; the head and Saviour of his Church ; 
the heir of all things, and judge of the world; unto whom he did, from 
all eternity, give a people to be his seed, and to be by him in time 
redeemed, called, justified, sanctified, and glorified. 



76 CONFESSION OF FAITH, CHAP. VIII, SECT. 

II. The Son of God, the second person in the Trinity, being very and 
eternal God, of one substance, and equal with the Father, did, when the 
fullness of time was come, take upon him man's nature, with all the 
essential properties and common infirmities thereof, yet without sin : being 
conceived by the power of the Holy Ghost, in the womb of the Virgin 
Mary, of her substance. So that two whole, perfect, and distinct 
natures, the Godhead and the manhood, were inseparably joined together 
in one person, without conversion, composition, or confusion. Which 
person is very God and very man, yet one Christ, the only Mediator 
between God and man. 

III. The Lord Jesus, in his human nature thus united to the divine, 
was sanctified and anointed with the Holy Spirit above measure; having 
in him all the treasures of wisdom and knowledge; in whom it pleased 
the Father that all fullness should dwell: to the end that being holy, 
harmless, undefiled, and full of grace and truth, he might be thoroughly 
furnished to execute the office of a Mediator and Surety. Which office 
he took not unto himself, but was thereunto called by his Father; who 
put all power and judgment into his hand, and gave him commandment 
to execute the same. 

IV. This office the Lord Jesus did most willingly undertake: which, 
that he might discharge, he was made under the law, and did perfectly 
fulfill it; endured most grievous torments immediately in his soul, and 
most painful sufferings in his body; was crucified, and died; was buried, 
and remained under the power of death, yet saw no corruption. On the 
third day he arose from the dead, with the same body in which he 
suffered; with which also he ascended into heaven, and there sitteth at 
the right hand of his Father, making intercession; and shall return to 
judge men and angels, at the end of the world. 

V. The Lord Jesus, by his perfect obedience and sacrifice of himself, 
which he through the eternal Spirit once offered up unto God, hath fully 
satisfied the justice of his Father; and purchased not only reconciliation, 
but an everlasting inheritance in the kingdom of heaven, for all those 
whom the Father hath given unto him. 

VI. Although the work of redemption was not actually wrought by 
Christ till after his incarnation, yet the virtue, efficacy, and benefits 
thereof, were communicated unto the elect, in all ages successively from 
the beginning of the world, in and by those promises, types, and sacri- 
fices, wherein he was revealed and signified to be the seed of the woman 
which should bruise the serpent's head, and the Lamb slain from the 
beginning of the world, being yesterday and to-day the same, and for 
ever. 

VII. Christ, in the work of mediation, acteth according to both 
natures; by each nature doing that which is proper to itself: yet by reason 
of the unity of the person, that which is proper to one nature, is some- 



OF FREE WILL AND EFFECTUAL CALLING. 77 

times in Scripture, attributed to the person denominated by the other 
nature. 

VIII. To all those for whom Christ hath purchased redemption, he 
doth certainly and effectually apply and communicate the same; making 
intercession for them, and revealing unto them, in and by the Word, the 
mysteries of salvation; effectually persuading them by his Spirit to 
believe and obey; and governing their hearts by his Word and Spirit; 
overcoming all their enemies by his almighty power and wisdom, in such 
manner and ways as are most consonant to his wonderful and unsearcha- 
ble dispensation. 

[Note. — See case of Thomas B. Craighead, under Chap, xi, below.] 



CHAPTER IX. 
OF FREE WILL. 



I. God hath endued the will of man with that natural liberty, that it 
is neither forced, nor, by any absolute necessity of nature, determined 
to good or evil. 

II. Man, in his state of innocency, had freedom and power to will 
and to do that which is good and wdll -pleasing to God; but yet mutably, 
so that he might fall from it. 

III. Man, by his fall into a state of sin, hath wholly lost all ability of 
will to any spiritual good accompanying salvation; so as a natural man, 
being altogether averse from that good, and dead in sin, is not able, by 
his own strength, to convert himself, or to prepare himself thereunto. 

IV. When God converts a sinner, and translates him into the state 
of grace, he freeth him from his natural bondage under sin, and, by his 
grace alone, enables him freely to will and to do that which is spiritually 
good; yet so as that, by reason of his remaining corruption, he doth not 
perfectly, nor only, will that which is good, but doth also will that which 
is evil. 

V. The will of man is made perfectly and immutably free to good 
alone, in the state of glory only. 



CHAPTER X. 

OF EFFECTUAL CALLING. 

I. All those whom God hath predestinated unto life, and those only, he 
is pleased, in his appointed and accepted time, effectually to call, by his 
Word and Spirit, out of that state of sin and death, in which they are 
by nature, to grace and salvation by Jesus Christ; enlightening their 
minds spiritually and savingly, to understand the things of God; taking 



78 CONFESSION OF FAITH, CHAP. XI, SECT. III. 

away their heart of stone, and giving unto them an heart of flesh; renew- 
ing their wills, and by his almighty power determining them to that 
which is good; and effectually drawing them to Jesus Christ, yet so as 
they come most freely, being made willing by his grace. 

II. This effectual call is of God's free and special grace alone, not 
from any thing at all foreseen in man, who is altogether passive therein, 
until, being quickened and renewed by the Holy Spirit, he is thereby 
enabled to answer this call, and to embrace the grace offered and con- 
veyed in it. 

Note. — See case of William C. Davis, under Chap, xi, below, Doctrine v.] 

III. Elect infants, dying in infancy, are regenerated and saved by 
Christ through the Spirit, who worketh when, and where, and how he 
pleaseth. So also are all other elect persons, who are incapable of being 
outwardly called by the ministry of the Word. 

IV. Others, not elected, although they may be called by the ministry 
of the Word, and may have some common operations of the Spirit, yet 
they never truly come to Christ, and therefore cannot be saved: much 
less can men, not professing the Christian religion, be saved in any other 
way whatsoever, be they never so diligent to frame their lives according 
to the light of nature, and the law of that religion they do profess; and 
to assert and maintain that they nfay is very pernicious, and to be 
detested. 



CHAPTER XI. 
OF JUSTIFICATION. 



I. Those whom God effectually calleth, he also freely justifieth: not 
by infusing righteousness into them, but by pardoning their sins, and by 
accounting and accepting their persons as righteous: not for anything 
wrought in them, or done by them, but for Christ's sake alone: not by 
imputing faith itself, the act of believing, or any other evangelical 
obedience to them, as their righteousness; but by imputing the obedience 
and satisfaction of Christ unto them, they receiving and resting on him 
and his righteousness by faith; which faith they have not of themselves, 
it is the gift of God. 

II. Faith, thus receiving and resting on Christ and his righteousness, 
is the alone instrument of justification; yet is it not alone in the person 
justified, but is ever accompanied with all other saving graces, and is no 
dead faith, but worketh by love. 

III. Christ, by his obedience and death, did fully discharge the debt 
of all those that are thus justified, and did make a proper, real, and full 
satisfaction to his Father's justice in their behalf. Yet, inasmuch as he 
was given by the Father for them; and his obedience and satisfaction 



OF JUSTIFICATION. id 

accepted in their stead; and, both, freely, not for any thing in them, 
their justification is only of free grace; that both the exact justice, and 
rich grace of God, might be glorified in the justification of sinners. 

IV. God did, from all eternity, decree to justify all the elect; and 
Christ did, in the fullness of time, die for their sins, and rise again for 
their justification: nevertheless they are not justified, until the Holy 
Spirit doth, in due time, actually apply Christ unto them. 

V. God doth continue to forgive the sins of those that are justified : 
and although they can never fall from the state of justification, yet they 
may by their sins fall under God's fatherly displeasure, and not have 
the light of his countenance restored unto them, until they humble them- 
selves, confess their sins, beg pardon, and renew their faith and repent- 
ance. 

VI. The justification of believers under the Old Testament was, in all 
these respects, one and the same with the justification of believers under 
the New Testament. 

1. Case of Rev. William C. Davis. 

An overture from the Synod of the Carolinas was referred to a Com- 
mittee, whose report was adopted, as follows: 

The Committee, presuming that a complete and perfect enumeration 
of all the objectionable parts of said book is not expected, called the 
attention of the Assembly only to the following doctrines, supposed to 
be contrary to the Confession of Faith of the Presbyterian Church: 

Doctrine I. That the active obedience of Christ constitutes no part of 
that righteousness by which a sinner is justified, pp. 257, 261, 264, 3d 
corollary. 

Doctrine II. That obedience to the moral law was not required as the 
condition of the covenant of works, pp. 178, 180. 

These pages being read, the Assembly resolved that they do consider 
these doctrines as contrary to the Confession of our Church. 

Doctrine III. God Himself is as firmly bound in duty (not obedience) 
to His creatures as His creatures are bound in obedience or duty to Him, 
pp. 164, 166. Also, that God's will is not the standard of right and 
wrong. If God's will is the primary rule of His own actions, He would 
be: 1. Entirely void of holiness; 2. There could be no justice in God; 
3. It would be impossible for God to be unchangeable; 4. If the will 
of God is the standard of right and wrong, then it would be no infringe- 
ment on the divine character to be unfaithful to His Word and promise, 
pp. 168-171. 

These pages being read, 

Resolved, That, without deciding on the question whether these senti- 
ments are contrary to our Confession of Faith, the Assembly consider 
the mode in which they are expressed as unhappy, and calculated to 
mislead the reader. 

Doctrine IV. God could not make Adam, or any other creature, 
either holy or unholy. Compare p. 194 with 166. 

Doctrine V. Regeneration must be a consequence of faith. Faith 
precedes regeneration, p. 352. 



80 CONFESSION OF FAITH, CHAP. XI, SECT. VI. 

Doctrine VI. Faith, in the first act of it, is not a holy act, p. 358, etc. 

These pages being read, 

Resolved, That the Assembly do consider the three last-mentioned 
doctrines contrary to the Confession of Faith of our Church. 

Doctrine VII. Christians may sin willfully and habitually, pp. 532, 
534. 

These pages being read, 

Resolved, That the Assembly consider the expressions in the pages 
referred to as very unguarded; and so far as they intimate it to be the 
author's opinion that a person may live in an habitual and allowed sin, and 
yet be a Christian, the Assembly consider them contrary to the letter 
and spirit of the Confession of Faith of our Church, and in their 
tendency highly dangerous. 

Doctrine VIII. If God has to plant all the principal parts of salva- 
tion in a sinner' s heart to enable him to believe, the ' ' Gospel Plan ' ' is 
quite out of his reach, and consequently does not suit his case; and it 
must be impossible for God to condemn a man for unbelief, for no just 
law condemns or criminates any person for not doing what he cannot 
do, p. 413. 

This page, and several others on the same subject, being read, 

Resolved, That the Assembly do consider this last-mentioned doctrine 
contrary to the Confession of Faith of our Church. 

On the whole, 

Resolved, That this Assembly cannot but view with disapprobation 
various parts of the work entitled ' ' The Gospel Plan, ' ' of which Wil- 
liam C. Davis is stated in the title-page to be the author. In several 
instances in this work, modes of expression are adopted, so different 
from those which are sanctioned by use and by the best orthodox writers, 
that the Assembly consider them as calculated to produce useless or 
mischievous speculations. 

In several other instances there are doctrines asserted and advocated, 
as has been already decided, contrary to the Confession of Faith of our 
Church and the Word of God; which doctrines the Assembly feel 
constrained to pronounce to be of very dangerous tendency; and the 
Assembly do judge, and do hereby declare, that the preaching or 
publishing of them ought to subject the person or persons so doing to be 
dealt with by their respective Presbyteries, according to the discipline of 
the Church relative to the propagation of errors. — 1810, pp. 448, 452, 453. 

[Note. — See Baird's Digest (revised edition), pp. 646-648. Mr. Davis was subse- 
quently suspended and deposed by the Presbytery of Concord, October, 1811.] 

2. Case of Rev. Thomas B. Craighead. 

[On an appeal from the Synod of Kentucky. After speaking of 
certain irregularities in the conduct both of the Synod and the appellant, 
they say,] 

But from matters of form the General Assembly will now pass to the 
merits of the case; and for the sake of brevity, the first and second 
charges only shall be brought into view. 

" Charge 1. We charge him with denying and vilifying the real 
agency of the Spirit in regeneration, and in the production of faith and 
sanctification in general." 

And first they would observe that there can be no doubt that the 
denial of the real agency of the Spirit is a dangerous and fundamental 



OF JUSTIFICATION. 81 

error; and if Mr. Craighead taught such an error, he ought to have 
been suspended. 

The question then is, Do the passages of Mr. Craighead's sermon 
referred to in the charge prove that he did deny the reality of the opera- 
tions of the Spirit ? 

Here it will be important to remark that a man cannot fairly be 
convicted of heresy for using expressions which may be so interpreted as 
to involve heretical doctrines if they may also admit of a more favorable 
construction, because no one can tell in what sense an ambiguous expres- 
sion is used but the speaker or writer, and he has a right to explain 
himself; and in such cases candor requires that a court should favor the 
accused, by putting on his words the more favorable, rather than the less 
favorable, construction. 

Another principle is that no man can rightly be convicted of heresy 
by inference or implication — that is, we must not charge an accused 
person with holding those consequences which may legitimately flow from 
his assertions. Many men are grossly inconsistent with themselves; and 
while it is right in argument to overthrow false opinions by tracing them 
in their connections and consequences, it is not right to charge any man 
with an opinion which he disavows. 

With these principles in view, the General Assembly proceed to 
observe that there is abundant evidence that Mr. Craighead did deny 
the immediate agency of the Spirit, but no clear evidence that he denied 
the real agency of the Spirit. These are very different things, and the 
proof of the one does by no means establish the other. Immediate 
agency or operation is opposed to mediate. This is a well-known dis- 
tinction in theology, and a point which has been greatly controverted. 
The Reformed Church, of which ours is a part, in all their purest times, 
maintained the doctrine of the immediate operation of the Spirit, not 
without the Word, but distinct from it, and in the order of nature 
preceding it. Other Protestant Churches, never charged with funda- 
mental error, have as uniformly maintained the doctrine of a mediate 
agency, and those commonly believe that this operation is not occasional, 
but uniform, and diversified in its effects by the difference of resistance 
with which it meets. Neither the Presbytery nor the Synod appear to 
have attended sufficiently to this distinction. They appear to have 
thought that a denial of immediate agency was a denial of all real 
agency. It deserves special regard here that our Confession takes no 
notice of these nice distinctions about the mode in which the Holy Spirit 
operates. It usually mentions the Word and the Spirit together, and 
the former as the instrument of the latter. And they who believe in 
the immediate agency of the Spirit do not exclude the instrumentality of 
the Word; they, however, explain it in a different way from those who 
hold that there is no agency of the Spirit distinct from the AVord. But 
this is the more favorable construction; there is another which, if not 
more probable, is more obvious. Mr. Craighead may be understood as 
teaching that the only real agency of the Spirit was in inspiring the 
Scriptures and confirming them by signs and miracles. There is much 
in his discourse that has this bearing, and undoubtedly this is the 
common impression among the people where it is best known. This was 
the idea of the Synod of Kentucky when they condemned him, and this 
is in fact denying the reality of the operation of the Spirit in our days; 
and whether his expressions have been fairly interpreted or not, they are 



82 CONFESSION OF FAITH, CHAPS. XI-XIII. 

dangerous, and ought to be condemned. In justice to Mr. Craighead, 
however, it ought to be remembered that he utterly disclaims this mean- 
ing in his defense set up to this Assembly; and would it be fair to 
continue to charge upon him opinions which he solemnly disavows ? Of 
the sincerity of his disavowal God is the judge. The conclusion is that 
the first charge, though supported by strong probabilities, is not so con- 
clusively established as to remove all doubts, because the words adduced 
in proof will bear a different construction from that put on them by the 
Presbytery and Synod. 

The evidence in support of the second charge is still less clear and 
conclusive. The charge is: 

" We charge him with denying, vilifying and misrepresenting the 
doctrine of divine fore-ordination and sovereignty and election." 

It might, perhaps, be shown by argument that Mr. Craighead uses 
many expressions not consistent with these doctrines; but agreeably to 
the principle laid down above, he must not be charged with holding these 
consequences unless he has avowed them. These passages of his dis- 
course, it is true, contain erroneous and offensive things, but they do not 
establish the charge of denying, vilifying, etc. In one single instance 
he seems to deny that everything should be referred to the sovereignty 
of God's will, but the words in their connection may have an innocent 
meaning. Here again it must be observed that Mr. Craighead solemnly 
declares his belief in the doctrine of decrees and election as expressed 
in our Standards. 

But whilst the General Assembly are of opinion that the charges 
against Mr. Craighead are not clearly and fully supported by the refer- 
ences, they feel it to be their duty to say that the impression which they 
have received from hearing extracts from this discourse are very unfav- 
orable, and they do believe that Mr. Craighead by preaching and print- 
ing this sermon did subject himself justly to censure. 

Moreover, the Assembly are of opinion that the doctrines of this 
sermon, in the most favorable construction, are different from those of 
the Reformed Churches and of our Church, and are erroneous, although 
the error is not of fundamental importance. They have observed also, 
that this discourse contains many unjust and illiberal reflections on the 
doctrines which have been the common and uniform belief of the great 
majority of the preachers and writers of the Reformed Churches. He 
mentions the names of a few persons as favoring the doctrine which he 
opposes; but he might have put into the list almost every standard writer 
of our own and sister Churches since the Reformation. 

The sermon also contains much declamation which confounds fanati- 
cism and piety, and representations of opinions which are true and 
important, so associated with error and absurdity, as to exhibit them in 
a ridiculous and odious light. 

Finally, the General Assembly are deeply impressed with the evidences 
of an improper spirit and an evil tendency in this sermon, and are of 
opinion that Mr. Craighead ought so to retract or explain his sentiments 
as to afford reasonable satisfaction to his brethren. 

Whereupon, Resolved, That as the proceedings in the case of Mr. 
Craighead have been, in many respects, irregular, and he has suffered 
much injury from the delay produced by these irregularities, and 
whereas, also, the charges are not so conclusively established as to remove 
all doubt, the General Assembly cannot see their way clear finally to 






OF ADOPTION AND SANCTIFICATION. 83 

confirm the sentence of the Synod of Kentucky, although they are of 
the opinion that Mr. Craighead has subjected himself, by preaching and 
printing this sermon, to just censure. But as Mr. Craighead has had no 
fair opportunity of vindicating himself, or of making satisfactory expla- 
nations or retractions, therefore, 

Resolved, That the whole cause be transmitted to the Presbytery of 
West Tennessee, in the bounds of which Mr. Craighead resides; and 
that they be directed to give him an early opportunity of offering that 
satisfaction which the Church expects, for the offense received; and that 
upon receiving such explanation or retractions as to them shall be satis- 
factory, Mr. Craighead be restored to the Gospel ministry, from which he 
has been suspended. — 1824, pp. 122-124. 

[Note. — Mr. Craighead was restored. See Baird's Digest (revised edition), pp. 649- 
655.] 



CHAPTER XII. 
OF ADOPTION. 



I. All those that are justified, God vouchsafeth, in and for his only 
Son Jesus Christ, to make partakers of the grace of adoption: by which 
they are taken into the number, and enjoy the liberties and privileges of 
the children of God; have his name put upon them; receive the Spirit 
of adoption; have access to the throne of grace with boldness; are 
enabled to cry Abba, Father; are pitied, protected, provided for, and 
chastened by him as by a Father ; yet never cast off, but sealed to the day 
of redemption, and inherit the promises, as heirs of everlasting salvation. 



CHAPTER XIII. 
OF SANCTIFICATION. 



I. They who are effectually called and regenerated, having a new 
heart and a new spirit created in them, are further sanctified, really and 
personally, through the virtue of Christ's death and resurrection, by his 
Word and Spirit dwelling in them: the dominion of the whole body of 
sin is destroyed, and the several lusts thereof are more and more weak- 
ened and mortified; and they more and more quickened and strength- 
ened, in all saving graces, to the practice of true holiness, without which 
no man shall see the Lord. 

II. This sanctification is throughout in the whole man, yet imperfect 
in this life: there abideth still some remnants of corruption in every 
part, whence ariseth a continual and irreconcilable war, the flesh lusting 
against the spirit, and the spirit against the flesh. 

III. In which war, although the remaining corruption for a time may 
much prevail, yet, through the continual supply of strength from the 
sanctifying Spirit of Christ, the regenerate part doth overcome: and so 
the saints grow in grace, perfecting holiness in the fear of God. 



84 CONFESSION OF FAITH, CHAPS. XIV-XVI. 

CHAPTER XIV. 
OF SA VING FAITH. 

I. The grace of faith, whereby the elect are enabled to believe to the 
saving of their souls, is the work of the Spirit of Christ in their hearts; 
and is ordinarily wrought by the ministry of the Word: by which also, 
and by the administration of the Sacraments, and prayer, it is increased 
and strengthened. 

II. By this faith, a Christian believeth to be true, whatsoever is re- 
vealed in the Word, for the authority of God himself speaking therein : 
and acteth differently, upon that which each particular passage thereof 
containeth ; yielding obedience to the commands, trembling at the threat- 
enings, and embracing the promises of God for this life, and that which 
is to come. But the principal acts of saving faith are, accepting, re- 
ceiving, and resting upon Christ alone for justification, sanctification, 
and eternal life, by virtue of the covenant of grace. 

III. This faith is different in degrees, weak or strong; may be often 
and many ways assailed and weakened, but gets the victory; growing 
up in many to the attainment of a full assurance through Christ, who is 
both the author and finisher of our faith. 



CHAPTER XV. 
OF REPENTANCE UNTO LIFE. 

I. Repentance unto life is an evangelical grace, the doctrine whereof 
is to be preached by every minister of the gospel, as well as that of 
faith in Christ. 

II. By it a sinner, out of the sight and sense, not only of the danger, 
but also of the filthiness and odiousness of his sins, as contrary to the 
holy nature and righteous law of God, and upon the apprehension of 
his mercy in Christ to such as are penitent, so grieves for and hates his 
sins, as to turn from them all unto God, purposing and endeavoring to 
walk with him in all the ways of his commandments. 

III. Although repentance be not to be rested in as any satisfaction 
for sin, or any cause of the pardon thereof, which is the act of God's 
free grace in Christ; yet is it of such necessity to all sinners, that none 
may expect pardon without it. 

IV. As there is no sin so small but it deserves damnation ; so there is 
no sin so great, that it can bring damnation upon those who truly repent. 

V. Men ought not to content themselves with a general repentance, 
but it is every man' s duty to endeavor to repent of his particular sins, 
particularly. 



OF SAVING FAITH, REPENTANCE AND GOOD WORKS. 85 

VI. As every man is bound to make private confession of his sins to 
God, praying for the pardon thereof; upon which, and the forsaking of 
them, he shall find mercy: so he that scandalizeth his brother, or the 
Church of Christ, ought to be willing, by a private or public confession 
and sorrow for his sin, to declare his repentance to those that are 
offended; who are thereupon to be reconciled to him, and in love to 
receive him. 



CHAPTER XVI. 
OF GOOD WORKS. 



I. Good works are only such as God hath commanded in his holy 
Word, and not such as, without the warrant thereof, are devised by men 
out of blind zeal, or upon any pretense of good intention. 

II. These good works, done in obedience to God's commandments, 
are the fruits and evidences of a true and lively faith: and by them 
believers manifest their thankfulness, strengthen their assurance, edify 
their brethren, adorn the profession of the gospel, stop the mouths of the 
adversaries, and glorify God, whose workmanship they are, created in 
Christ Jesus thereunto; that, having their fruit unto holiness, they may 
have the end, eternal life. 

III. Their ability to do good works is not at all of themselves, but 
wholly from the Spirit of Christ. And that they may be enabled there- 
unto, besides the graces they have already received, there is required an 
actual influence of the same Holy Spirit to work in them to will and to 
do of his good pleasure: yet are they not hereupon to grow negligent, 
as if they were not bound to perform any duty unless upon a special 
motion of the Spirit; but they ought to be diligent in stirring up the 
grace of God that is in them. 

IV. They who, in their obedience, attain to the greatest height which 
is possible in this life, are so far from being able to supererogate and to 
do more than God requires, that they fall short of much which in duty 
they are bound to do. 

V. We cannot, by our best works, merit pardon of sin, or eternal 
life, at the hand of God, by reason of the great disproportion that is 
between them and the glory to come, and the infinite distance that is 
between us and God, whom by them we can neither profit, nor satisfy 
for the debt of our former sins; but, when we have done all we can, we 
have done but our duty, and are unprofitable servants; and because, as 
they are good, they proceed from his Spirit; and, as they are wrought by 
us, they are defiled and mixed with so much weakness and imperfec- 
tion, that they cannot endure the severity of God's judgment. 

VI. Yet notwithstanding, the persons of believers being accepted 
through Christ, their good works also are accepted in him, not as though 



86 CONFESSION OF FAITH, CHAP. XVII-XIX. 

they were in this life wholly unblamable and unreprovable in God's 
sight; but that he, looking upon them in his Son, is pleased to accept 
and reward that which is sincere, although accompanied with many 
weaknesses and imperfections. 

VII. Works done by unregenerate men, although, for the matter of 
them, they may be things which God commands, and of good use both 
to themselves and others: yet, because they proceed not from a heart 
purified by faith; nor are done in a right manner, according to the Word; 
nor to a right end the glory of God; they are therefore sinful, and 
cannot please God, or make a man meet to receive grace from God. And 
yet their neglect of them is more sinful, and displeasing unto God. 



CHAPTER XVII. 
OF THE PERSEVERANCE OF THE SAINTS. 

I. They whom God hath accepted in his Beloved, effectually called 
and sanctified by his Spirit, can neither totally nor finally fall away from 
the state of grace ; but shall certainly persevere therein to the end, and 
be eternally saved. 

II. This perseverance of the saints depends, not upon their own free- 
will, but upon the immutability of the decree of election, flowing from 
the free and unchangeable love of God the Father; upon the efficacy of 
the merit and intercession of Jesus Christ; the abiding of the Spirit and 
of the seed of God within them; and the nature of the covenant of 
grace: from all which ariseth also the certainty and infallibility thereof. 

III. Nevertheless they may, through the temptations of Satan and of 
the world, the prevalency of corruption remaining in them, and the 
neglect of the means of their preservation, fall into grievous sins; and 
for a time continue therein: whereby they incur God's displeasure, and 
grieve his Holy Spirit; come to be deprived of some measure of their 
graces and comforts; have their hearts hardened, and their consciences 
wounded; hurt and scandalize others, and bring temporal judgments 
upon themselves. 



CHAPTER XVIII. 

OF THE ASSURANCE OF GRACE AND SALVATION 

I. Although hypocrites, and other unregenerate men, may vainly 
deceive themselves with false hopes and carnal presumptions of being in 
the favor of God and estate of salvation; which hope of theirs shall 
perish: yet such as truly believe in the Lord Jesus, and love him in 
sincerity, endeavoring to walk in all good conscience before him, may in 



OF PERSEVERANCE, ASSURANCE AND THE LAW. 87 

this life be certainly assured that they are in a state of grace, and may 
rejoice in the hope of the glory of God ; which hope shall . never make 
them ashamed. 

II. This certainty is not a bare conjectural and probable persuasion, 
grounded upon a fallible hope; but an infallible assurance of faith, 
founded upon the divine truth of the promises of salvation, the inward 
evidence of those graces unto which these promises are made, the testi- 
mony of the Spirit of adoption witnessing with our spirits that we are the 
children of God: which Spirit is the earnest of our inheritance, whereby 
we are sealed to the day of redemption. 

III. This infallible assurance doth not so belong to the essence of faith, 
but that a true believer may wait long, and conflict with many difficulties 
before he be partaker of it: yet, being enabled by the Spirit to know 
the things which are freely given him of God, he may, without extraor- 
dinary revelation, in the right use of ordinary means, attain thereunto. 
And therefore it is the duty of every one to give all diligence to make his 
calling and election sure; that thereby his heart may be enlarged in 
peace and joy in the Holy Ghost, in love and thankfulness to God, and 
in strength and cheerfulness in the duties of obedience, the proper fruits 
of this assurance: so far is it from inclining men to looseness. 

IV. True believers may have the assurance of their salvation divers 
ways shaken, diminished, and intermitted : as, by negligence in preserv- 
ing of it; by falling into some special sin, which woundeth the conscience, 
and grieveth the Spirit; by some sudden or vehement temptation; by 
God's withdrawing the light of his countenance, and suffering even such 
as fear him to walk in darkness and to have no light: yet are they 
never utterly destitute of that seed of God, and life of faith ; that love of 
Christ and the brethren; that sincerity of heart and conscience of duty; 
out of which, by the operation of the Spirit, this assurance may in due 
time be revived, and by the which, in the mean time, they are supported 
from utter despair. 



CHAPTER XIX. 
OF THE LAW OF GOD. 



I. God gave to Adam a law, as a covenant of works, by which he 
bound him and all his posterity to personal, entire, exact, and perpetual 
obedience; promised life upon the fulfilling, and threatened death upon 
the breach of it; and endued him with power and ability to keep it. 

II. This law, after his fall, continued to be a perfect rule of righte- 
ousness, and, as such, was delivered by God upon Mount Sinai in ten 
commandments, and written in two tables; the first four commandments 
containing our duty towards God, and the other six our duty to man. 



88 CONFESSION OF FAITH, CHAPS. XIX-XXI. 

III. Besides this law, commonly called moral, God was pleased to 
give to the people of Israel, as a Church under age, ceremonial laws, 
containing several typical ordinances, partly of worship, prefiguring 
Christ, his graces, actions, sufferings, and benefits; and partly holding 
forth divers instructions of moral duties. All which ceremonial laws 
are now abrogated under the New Testament. 

IV. To them also, as a body politic, he gave sundry judicial laws, 
which expired together with the state of that people, not obliging any 
other, now, further than the general equity thereof may require. 

V. The moral law doth for ever bind all, as well justified persons as 
others, to the obedience thereof; and that not only in regard of the 
matter contained in it, but also in respect of the authority of God the 
Creator who gave it. Neither doth Christ in the gospel any way dis- 
solve, but much strengthen, this obligation. 

VI. Although true believers be not under the law as a covenant of 
works, to be thereby justified or condemned; yet is it of great use to 
them, as well as to others; in that, as a rule of life, informing them of 
the will of God and their duty, it directs and binds them to walk accord- 
ingly; discovering also the sinful pollutions of their nature, hearts, and 
lives; so as, examining themselves thereby, they may come to further 
conviction of, humiliation for, and hatred against sin; together with a 
clearer sight of the need they have of Christ, and the perfection of his 
obedience. It is likewise of use to the regenerate, to restrain their cor- 
ruptions, in that it forbids sin; and the threatenings of it serve to show 
what even their sins deserve, and what afflictions in this life they may 
expect for them, although freed from the curse thereof threatened in the 
law. The promises of it, in like manner, show them God's approbation 
of obedience, and what blessings they may expect upon the performance 
thereof, although not as due to them by the law as a covenant of works: 
so as a man's doing good, and refraining from evil, because the law 
encourageth to the one, and deterreth from the other, is no evidence of 
his being under the law, and not under grace. 

VII. Neither are the forementioned uses of the law contrary to the 
grace of the gospel, but do sweetly comply with it; the Spirit of Christ 
subduing and enabling the will of man to do that freely and cheerfully, 
which the will of God, revealed in the law, requireth to be done. 



CHAPTER XX. 



OF CHRISTIAN LIBERTY, AND LIBERTY OF 
CONSCIENCE. 

I. The liberty which Christ hath purchased for believers under the 
gospel consists in their freedom from the guilt of sin, the condemning 



OF CHRISTIAN LIBERTY AND RELIGIOUS WORSHIP. 89 

wrath of God, the curse of the moral law, and in their being delivered 
from this present evil world, bondage to Satan, and dominion of sin, 
from the evil of afflictions, the sting of death, the victory of the grave, 
and everlasting damnation; as also in their free access to God, and their 
yielding obedience unto him, not out of slavish fear, but a child-like 
love, and a willing mind. All which were common also to believers 
under the law : but under the New Testament, the liberty of Christians 
is further enlarged in their freedom from the yoke of the ceremonial 
law, to which the Jewish Church was subjected; and in greater boldness 
of access to the throne of grace, and in fuller communications of the 
free Spirit of God, than believers under the law did ordinarily partake of. 

II. God alone is lord of the conscience, and hath left it free from the 
doctrines and commandments of men which are in any thing contrary to 
his Word, or beside it, in matters of faith or worship. So that to believe 
such doctrines, or to obey such commandments out of conscience, is to 
betray true liberty of conscience; and the requiring of an implicit faith, 
and an absolute and blind obedience, is to destroy liberty of conscience, 
and reason also. 

[Note. — See Form of Government, Chap, i, Sees, i and vii.] 

III. They who, upon pretence of Christian liberty, do practice any 
sin, or cherish any lust, do thereby destroy the end of Christian liberty; 
which is, that, being delivered out of the hands of our enemies, we 
might serve the Lord Avithout fear, in holiness and righteousness before 
him, all the days of our life. 

IV. And because the powers which God hath ordained, and the 
liberty which Christ hath purchased, are not intended by God to destroy, 
but mutually to uphold and preserve one another; they who, upon pre- 
tence of Christian liberty, shall oppose any lawful power, or the lawful 
exercise of it, whether it be civil or ecclesiastical, resist the ordinance of 
God. And for their publishing of such opinions, or maintaining of such 
practices, as are contrary to the light of nature; or to the known princi- 
ples of Christianity, whether concerning faith, worship, or conversation; 
or to the power of godliness : or such erroneous opinions or practices, as 
either, in their own nature, or, in the manner of publishing or main- 
taining them, are destructive to the external peace and order which Christ 
hath established in the Church : they may lawfully be called to account, 
and proceeded against by the censures of the Church. 



CHAPTER XXI. 

OF RELIGIOUS WORSHIP AND THE SABBATH-DAY. 

I. The light of nature showeth that there is a God, who hath lordship 
and sovereignty over all; is good, and doeth good unto all; and is there- 



90 CONFESSION OF FAITH, CHAPS. XXI-XXII. 

fore to be feared, loved, praised, called upon, trusted in, and served with 
all the heart, and with all the soul, and with all the might. But the 
acceptable way of worshiping the true God is instituted by himself, and 
so limited by his own revealed will, that he may not be worshiped accord- 
ing to the imaginations and devices of men, or the suggestions of Satan, 
under any visible representation, or any other way not prescribed in the 
Holy Scripture. 

II. Religious worship is to be given to God, the Father, Son, and 
Holy Ghost; and to him alone: not to angels, saints, or any other crea- 
ture: and, since the fall, not without a Mediator; nor in the mediation 
of any other but of Christ alone. 

III. Prayer, with thanksgiving, being one special part of religious 
worship, is by God required of all men; and, that it may be accepted, 
it is to be made in the name of the Son, by the help of his Spirit, 
according to his will, with understanding, reverence, humility, fervency, 
faith, love, and perseverance; and, if vocal, in a known tongue. 

IV. Prayer is to be made for things lawful, and for all sorts of men 
living, or that shall live hereafter; but not for the dead, nor for those of 
whom it may be known that they have sinned the sin unto death. 

V. The reading of the Scriptures with godly fear; the sound preach- 
ing, and conscionable hearing of the Word, in obedience unto God, with 
understanding, faith, and reverence; singing of psalms with grace in the 
heart; as, also, the due administration and worthy receiving of the 
Sacraments instituted by Christ; are all parts of the ordinary religious 
worship of God: besides religious oaths, and vows, solemn fastings, and 
thanksgivings upon special occasions; which are, in their several times 
and seasons, to be used in an holy and religious manner. 

VI. Neither prayer, nor any other part of religious worship, is now, 
under the gospel, either tied unto, or made more acceptable by, any place 
in which it is performed, or towards which it is directed: but God is to be 
worshiped everywhere in spirit and in truth; as in private families daily, 
and in secret each one by himself; so more solemnly in the public assem- 
blies, which are not carelessly or willfully to be neglected or forsaken, 
when God, by his Word or providence, calleth thereunto. 

VII. As it is of the law of nature, that, in general, a due proportion 
of time be set apart for the worship of God; so, in his Word, by a posi- 
tive, moral and perpetual commandment, binding all men in all ages, 
he hath particularly appointed one day in seven for a Sabbath, to be 
kept holy unto him: which, from the beginning of the world to the 
resurrection of Christ, was the last day of the week; and, from the 
resurrection of Christ, was changed into the first day of the week, which 
in Scripture is called the Lord's Day, and is to be continued to the end 
of the world, as the Christian Sabbath. 

VIII. This Sabbath is then kept holy unto the Lord, when men, after 



OF RELIGIOUS WORSHIP AND LAWFUL OATHS. 91 

a due preparing of their hearts, and ordering of their common affairs 
beforehand, do not only observe an holy rest all the day from their own 
works, words, and thoughts, about their worldly employments and recrea- 
tions; but also are taken up the whole time in the public and private 
exercise of his worship, and in the duties of necessity and mercy. 
[Note. — See Directory for Worship, Chaps, i, hi, iv, vii, viii and xv.] 



CHAPTER XXII. 
OF LAWFUL OATHS AND VOWS. 

I. A lawful oath is a part of religious worship, wherein, upon just 
occasion, the person swearing, solemnly calleth God to witness what he 
asserteth or promiseth; and to judge him according to the truth or false- 
hood of what he sweareth. 

II. The name of God only is that by which men ought to swear, and 
therein it is to be used with all holy fear and reverence; therefore to swear 
vainly or rashly by that glorious and dreadful name, or to swear at all 
by any other thing, is sinful and to be abhorred. Yet as, in matters of 
weight and moment, an oath is warranted by the Word of God, under 
the New Testament, as well as under the Old; so a lawful oath, being 
imposed by lawful authority, in such matters, ought to be taken. 

[Note. — For the form of the oath or affirmation, see Book of Discipline, Chap, viii, 
Sec. 61, p. 672.] 

III. Whosoever taketh an oath ought duly to consider the weightiness 
of so solemn an act, and therein to avouch nothing but what he is fully 
persuaded is the truth. Neither may any man bind himself by oath 
to any thing but what is good and just, and what he believeth so to be, 
and what he is able and resolved to perform. Yet it is a sin to refuse 
an oath touching any thing that is good and just, being imposed by law- 
ful authority. 

IV. An oath is to be taken in the plain and common sense of the 
words, without equivocation or mental reservation. It cannot oblige to 
sin; but in any thing not sinful, being taken, it binds to performance, 
although to a man's own hurt: nor is it to be violated, although made 
to heretics or infidels. 

V. A vow is of the like nature with a promissory oath, and ought to 
be made with the like religious care, and to be performed with the like 
faithfulness. 

VI. It is not to be made to any creature, but to God alone: and, that 
it may be accepted, it is to be made voluntarily; out of faith and con- 
science of duty; in way of thankfulness for mercy received; or for 
obtaining of what we want: whereby we more strictly bind ourselves to 



92 CONFESSION OF FAITH, CHAPS. XXIII-XXIV. 

necessary duties; or to other things, so far and so long as they may fitly 
conduce thereunto. 

VII. No man may vow to do anything forbidden in the Word of 
God, or what would hinder any duty therein commanded, or which 
is not in his own power, and for the performance whereof he hath no 
promise or ability from God. In which respects, popish monastical vows 
of perpetual single life, professed poverty, and regular obedience, are so 
far from being degrees of higher perfection, that they are superstitious 
and sinful snares, in which no Christian may entangle himself. 



CHAPTER XXIII. 
OF THE CIVIL MAGISTRATE. 

I. God, the Supreme Lord and King of all the world, hath ordained 
civil magistrates to be under him over the people, for his own glory 
and the public good; and, to this end, hath armed them with the power 
of the sword, for the defence and encouragement of them that are good, 
and for the punishment of evil doers. 

II. It is lawful for Christians to accept and execute the office of a 
magistrate, when called thereunto: in the managing whereof, as they 
ought especially to maintain piety, justice, and peace, according to the 
wholesome laws of each commonwealth; so, for that end, they may law- 
fully, now under the New Testament, wage war upon just and necessary 
occasions. 

III. Civil magistrates may not assume to themselves the administra- 
tion of the Word and Sacraments; or the power of the keys of the 
kingdom of heaven; or, in the least, interfere in matters of faith. 
Yet, as nursing fathers, it is the duty of civil magistrates to protect the 
Church of our common Lord, without giving the preference to any 
denomination of Christians above the rest, in such a manner that all 
ecclesiastical persons whatever shall enjoy the full, free, and unques- 
tioned liberty of discharging every part of their sacred functions, with- 
out violence or danger. And, as Jesus Christ hath appointed a regular 
government and discipline in his Church, no law of any commonwealth 
should interfere with, let, or hinder, the due exercise thereof, among 
the voluntary inenibers of any denomination of Christians, according to 
their own profession and belief. It is the duty of civil magistrates to 
protect the person and good name of all their people, in such an effectual 
manner as that no person be suffered, either upon pretence of religion or 
of infidelity, to offer any indignity, violence, abuse, or injury to any 
other person whatsoever : and to take order, that all religious and ecclesi- 
astical assemblies be held without molestation or disturbance. 



OF THE CIVIL MAGISTRATE AND OF MARRIAGE. 93 

IV. It is the duty of people to pray for magistrates, to honor their 
persons, to pay them tribute and other dues, to obey their lawful com- 
mands, and to be subject to their authority, for conscience' sake. 
Infidelity or difference in religion, doth not make void the magistrate's 
just and legal authority, nor free the people from their due obedience to 
him : from which ecclesiastical persons are not exempted ; much less hath 
the Pope any power or jurisdiction over them in their dominions, or over 
any of their people ; and least of all to deprive them of their dominions 
or lives, if he shall judge them to be heretics, or upon any other pre- 
tence whatsoever. 

[Note. — See "Testimony of the Assembly on the Outbreak of the Civil War," 
Digest, 1886, pp. 235, 236 ; Minutes, 1861, p. 446, N. S. See, also, under Form of Govern- 
ment, Chap, viii, Sec. ii, p. 154.] 



CHAPTER XXIV. 
OF MARRIAGE AND DIVORCE. 

I. Marriage is to be between one man and one woman : neither is it 
lawful for any man to have more than one wife, nor for any woman to 
have more than one husband, at the same time. 

[Note. — See Directory for Worship, Chap, xii, Sec. iii.] 

1. A minister, having married again, required to cease officiating until 

proof is furnished of the death of his first wife. 

The business concerning Mr. Van Vleck and his people again taken 
into consideration. 

It was concluded that after the Presbytery had examined the several 
evidences brought in relation to the crime of bigamy, alleged against 
Mr. Van Vleck, as also the exceptions offered by the said Van Vleck 
against the evidences and in vindication of himself, the Presbytery not 
finding the evidences clear and positive enough to prove the crime against 
him, and yet Mr. Van Vleck' s vindication not sufficient to take off the 
scandal wholly, do therefore, till such time as Mr. Van Vleck bring 
satisfying proof of his first wife's death, for the honor of the Gospel, 
advise that he do not officiate as a minister of the Gospel — 1712, p. 26. 

2. A bigamist to be excluded from the privileges of the Church. Will- 

ful desertion a just cause for divorce. If just cause exist and 
divorce be refused, the Church may receive him. 

[Note.— See the case stated, Digest, 1886, p. 812 ; Minutes, 1790, p. 28.] 

3. Deliverances on polygamy and Mormonism. 

Polygamy a criminal offence, and to be suppressed. 

a. Overture. — The Committee also recommended the adoption of the 
following preamble and resolutions, referred to them by the Assembly: 

Whereas, By a recent decision of the Supreme Court of the United 
States, the sin of polygamy has been declared to be a criminal offence 
against the Constitution and the laws of our country, and under it prose- 
cution and conviction have followed ; 



94 CONFESSION OF FAITH, CHAP. XXIV, SECT. I. 

Resolved, 1. That this Assembly hereby records its grateful acknowl- 
edgment to God that the legal status of this affront to our Christian 
civilization and this menace to our social order has been finally deter- 
mined, and so determined as to declare the laws and the policy of our 
country, in respect to this crime, to be in accord with the conscientious 
convictions of all patriotic and Christian men. 

Resolved, 2. That this Assembly earnestly invokes the continued and 
persistent efforts of all executive officials for the maintenance and the 
execution of this law, and hereby also appeals to the patriotic Christian 
men and women of our land to use their united influence in support of 
that public sentiment, now formulated into legal enactment, which has 
exposed the pretence of this monstrous practice to be a religious observ- 
ance, and which justly holds it to companionship with other vices which 
are the contempt and abhorrence of mankind. 

Resolved, 3. That these resolutions be transmitted to the Assemblies 
now in session at Louisville and Memphis, with a request for concurrent 
action. 

Resolved, 4. That these resolutions be transmitted, as an official 
expression from this body, to His Excellency the President of the 
United States. —Adopted 1879, pp. 586, 587. 

b. Overture. — In reply to the overture on Mormonism, we recommend 
the adoption of the following: 

Resolved, That, inasmuch as the General Assembly of 1879 expressed 
its abhorrence of the abominations of Mormonism in the action taken on 
the subject of polygamy, and did further heartily commend the steps 
taken by the civil power towards the total suppression of this great 
iniquity, it is deemed unnecessary for this Assembly to make any further 
deliverance in this matter, other than to express its earnest hope that the 
General Government will use its utmost endeavor to wipe out the last 
vestige of this monstrous evil at the earliest practicable period. — Adopted. 
1880, p. 77. 

C. Overtures from the Presbyteries of Chicago and Logansport, pray- 
ing the Assembly to take further action on the subject of polygamy. 
Your Committee would respectfully offer the following for adoption by 
the Assembly: 

Action, condemnatory of polygamy, has been taken at several recent 
meetings of the Assembly. Yet, as the practice of this vice continues, 
not only unsuppressed but unabated, within the bounds of our national 
territory, and since a recent decision of the Supreme Court of the United 
States makes the attempt to strike it more difficult than before, the 
Assembly feels that silence on the subject would now be inexcusable. 
This enormous wickedness has gradually grown through a period of years, 
organizing itself into a government for its own defence, under the eye of 
the National Government, until it has gained sufficient force to defy the 
legislative and executive power of the nation. It now stands more 
haughty and resolved than ever. Its efforts to strengthen itself by 
immigration of the weak and ignorant from Europe, and by despotic 
suppression of liberty among its votaries and victims, are systematically 
exerted. For its own fortification, it is forcing its way from its original 
stronghold into adjacent territory, where, unobserved, it may take root 
and fasten on the land by finding quiet recognition in local laws. 

Its spirit grows, with age, no less hostile to the law of Christianity, to 
the instincts of morality, to the essential principles of civilization, and 



OF MARRIAGE AND DIVORCE. 95 

to the existence of liberty for the people. It is condemned alike by the 
Church, by the State, by the family, and by the individual conscience. 
It is abhorred by God. It seems all the more detestable because it hides 
its crime for shelter under the sacred garb of religion. It is growing as 
slavery grew, from infancy to maturity of grasp upon the national life. 
The terrible conflict required for the extermination of the one should 
sound timely warning as to the latent perils of the other. The Territo- 
ries in which polygamy yet exists are under the control of the President 
and of Congress, i. e., of the National Government. The nation, as 
such, is therefore responsible for its continuance. The Christian citizens 
of the nation bear their share in this common responsibility. 

Should these Territories once become States, with polygamy maintained, 
the difficulty of reaching it would be vastly heightened. They are 
rapidly increasing in wealth and in population, and will soon be knocking 
for admission as States at the national door. Efficient action for its 
obliteration must then, if taken at all, begin without delay. 

1. We, therefore, as an Assembly, solemnly protest before God and 
before men against this heinous and abominable crime, as a foul blot 
on the face of our country, for the existence of which God will hold the 
nation to account, and for which He will surely call it into judgment 
except the evil be speedily abated. 

2. We rejoice in the determination of the President of the United 
States, as expressed in his inaugural address, to deal vigorously with this 
iniquity. And we assure him of our sympathy and support in all lawful 
and just efforts for its extinction, praying him not to withhold his hand. 

3. We reiterate our hearty approval of the stand taken by Governor 
Murray of Utah and his counselors, and by the United States courts of 
the Territory, in hostility to polygamous marriages. 

4. We respectfully memorialize the National Legislature to enact 
whatever laws may seem most wise and most efficient for the utter oblit- 
eration of this vice, whether as an organized system or as an individual 
practice. 

5. And we urge our own members, without respect to party lines, 
zealously to exert their influence in every lawful method for the enact- 
ment of an amendment to the national Constitution that shall forever 
forbid the existence of polygamy in the nation. 

Your Committee would also recommend that a copy of this action be 
officially laid before the President of the United States and the presiding 
officers of the two houses of Congress, as conveying the unanimous 
sentiment of the ministry and membership of the Presbyterian Church 
in the United States. —Adopted 1881, pp. 549, 550. 

d. The Special Committee on Mormonism respectfully recommend to 
the General Assembly the adoption of the following resolutions: 

Resolved, 1. That the Presbyterian Church regards the doctrines and 
practices of the Mormon institution with loathing and abhorrence, and 
the continued existence, in this country and age, of an organization that 
encourages and defends polygamy as a foul blot on our national character 
and institutions. 

2. That we have noticed with great gratification the recent vigorous 
action of Congress in the enactment of laws for the suppression of this 
great evil, and look with confidence to the Government of the United 
States for their prompt and vigorous execution. 

3. That, in view of our profound conviction that the National Legis- 



96 CONFESSION OF FAITH, CHAP. XXIV, SECT. III-VI. 

lature will succeed in removing this evil, only when accompanied by the 
spread of the Gospel of Christ, this Assembly, while commending the 
Board of Home Missions for its past efforts, urges still greater effort in 
all the territory in which Mormonism and polygamy exist. — Adopted 
1882, pp. 65, 66. 

II. Marriage is ordained for the mutual help of husband and wife; 
for the increase of mankind with a legitimate issue, and of the Church 
with an holy seed; and for the preventing of uncleanness. 

III. It is lawful for all sorts of people to marry who are able with 
judgment to give their consent; yet it is the duty of Christians to marry 
only in the Lord. And, therefore, such as profess the true reformed 
religion should not marry with infidels, papists or other idolaters : neither 
should such as are godly be unequally yoked, by marrying with such as 
are notoriously wicked in their life, or maintain damnable heresies. 

1. Marriage of converts with heathen. The Presbyteries to judge. 

A memorial from the Presbytery of Ningpo in China, asking for 
advice from this General Assembly on the subject of the marriage of 
professing Christians with the heathen. 

The Committee recommended that it be answered as follows: 
In performing the work of missions among the heathen, many difficul- 
ties will arise which will require great wisdom and forbearance, and 
which can only be overcome by a wise application of Scriptural rules. 
Of this kind are the cases respecting marriage, which will frequently 
occur so long as the great majority of the people are heathen. And 
this application of these rules must be made with a sound discretion, and 
be very much modified by particular circumstances. That the apostolical 
direction, ' ' be not unequally yoked together with unbelievers, ' ' is the 
advice of the Lord by the apostle, and is to be observed carefully in all 
cases, as far as practicable, is true. But like other divine injunctions, it 
must be applied in all cases with due consideration of circumstances. It 
is not, therefore, in the circumstances stated in the overture, to be 
regarded as sinful universally and necessarily for a Christian to marry a 
heathen; nor is a Christian to be subjected to discipline on this account, 
unless the circumstances show criminality and require the infliction of 
censure, of which circumstances the missionaries are the best judges. 
[The overture was] referred back to the Presbytery of Ningpo. — 1850, 
pp. 458, 482, O. S. 

IV. Marriage ought not to be within the degrees of consanguinity or 
affinity forbidden in the Word; nor can such incestuous marriages ever 
be made, lawful by any law of man, or consent of parties, so as those 
persons may live together as man and wife. 

Prior to 1887, Section iv, Chap, xxiv, read: 

Marriage ought not to be within the degrees of consanguinity or 
affinity forbidden in the Word ; nor can such incestuous marriages ever 
be made lawful by any law of man or consent of parties, so as those 
persons may live together as man and wife. The man may not marry 
any of his wife's kindred nearer in blood than he may of his own, nor 
the woman of her husband's kindred nearer in blood than of her own. 



ON MARRIAGE AND DIVORCE. 97 

In that year the following amendment was adopted: 
Whereas, One hundred and fifty -six (156) Presbyteries, being more 
than two-thirds of the Presbyteries under the care of the General 
Assembly, have, in writing, approved of an amendment to Chapter 
xxiv, Section iv, of the Confession of Faith, by striking out the last 
period thereof; therefore, be it enacted by the General Assembly that 
the following words: " The man may not marry any of his wife's 
kindred nearer in blood than he may of his own, nor the woman of her 
husband's kindred nearer in blood than her own," be and are hereby 
stricken from Chapter xxiv, Section iv, of the Confession of Faith. 

[Note. — The section as amended was referred to a Committee to consider and 

•report if any further action was necessary to accomplish the purpose aimed at. The 

Committee reported that the purpose aimed at in the amendment was " To remove 

any obstacles that may have existed to the marriage of a deceased wife's sister," and 

that in their judgment no further action by the Church was now needed. — 1887, p. 138. 

For Decisions, and Deliverances under Sec. iv prior to its amendment, see under 
Directory for Worship, Digest of 1886, pp. 814-818. The following case does not come 
under the intent of the amendment.] 

1. Marriage with a sister's daughter. 

The report of the Committee on Bills and Overtures in answer to the 
two questions, " May a man, in accordance with the teachings of the 
Scriptures, marry a daughter of his own sister ?' ' and ' ' When members 
of the Church have contracted such a marriage, may they still retain 
their standing in the Church ?" was taken up for consideration. 

Resolved, 1. That the first question be answered in the negative, such 
marriages being evidently contrary to the teachings of the Scripture, 
and incestuous. See Lev. xviii. 6, 12, 13. 

Resolved, 2. That the second question in the overture be answered as 
follows, viz., in the judgment of this Assembly, such a connection as is 
contemplated by the overture demands the judicial action of the Church, 
and, if not repented of, should incur Church censure. — 1853, p. 339, 
N. S. 

V. Adultery or fornication, committed after a contract, being 
detected before marriage, giveth just occasion to the innocent party to 
dissolve that contract. In the case of adultery after marriage, it is law- 
ful for the innocent party to sue out a divorce, and after the divorce to 
marry another, as if the offending party were dead. 

1. In divorce for adultery the innocent party may marry again. 

The following question, referred to Synod by the Presbytery of Done- 
gal for their decision, was brought in by the Committee of Overtures, 
viz. : 

Whether, on full proof of adultery by one party, the Presbytery has 
a right to declare the marriage so far void as that the innocent party 
may marry again without being liable to Church censure ? 

And after some time spent in debating the case, it was moved and 
agreed that each member should speak to the question in the order of the 
roll. After which the vote was put, and the question carried in the 
affirmative, by a small majority. — 1785, p. 509. 

VI. Although the corruption of man be such as is apt to study argu- 
ments, unduly to put asunder those whom God hath joined together in 
marriage; yet nothing but adultery, or such willful desertion as can no 



98 CONFESSION OF FAITH, CHAP. XXIV, SECT. VI. 

way be remedied by the Church or civil magistrate, is cause sufficient of 
dissolving the bond of marriage: wherein a public and orderly course 
of proceeding is to be observed; and the persons concerned in it not left 
to their own wills and discretion in their own case. 

1. Marriage with a woman divorced for cause other than adultery. 

[The Assembly, by a vote of 106 to 52, sustained the complaint of 
the Presbytery of Des Moines, in the case of Rev. James H. Shields. 
The minute adopted states the case — ] 

In the year 1853, Maria C. Cowles presented a petition under oath to 
the District Court of Wayne county, Iowa, praying for a divorce from* 
her husband, William A. Cowles, in which it was stated substantially, 
that she had been lawfully married to said Cowles in January, 1839, in 
the State of Massachusetts; that they had lived together there until 
August, 1851, when she separated herself from him, and proceeded to 
Iowa, where she has since resided. That, previous to her departing from 
him in 1851, her husband was in the habit of becoming intoxicated, and 
when so intoxicated, was ill-natured and abusive — so much so that her 
situation as his wife became intolerable ; and she had been under the 
necessity of leaving his house, and of making her own living since that 
time, the defendant having neglected to make provision for her support 
since the period of her separation from him. No pertinent proof of. the 
truth of these allegations was made; but the court, notwithstanding, 
granted her a divorce a vinculo matrimonii; when James H. Shields, 
then a member of the Presbytery of Des Moines, being cognizant of all 
the facts in the case, was married to the said Maria C. Cowles, and has 
continued to cohabit with her as his wife. In April, 1856, the Presby- 
tery instituted proceedings against him for adultery, and finally convicted 
•him of that offence, and deposed him from the ministry and excom- 
municated him from the Church. Thereupon the said Shields appealed 
to the Synod of Iowa, who reversed the decision of Presbytery. The 
case is before this General Assembly on a complaint of the Rev. Thomp- 
son Bird, on behalf of the Presbytery, against the action of Synod. 

In view of all the testimony brought before the Assembly, the 
complaint is sustained. 

It has not been made to appear that the said Maria C. Cowles 
attempted to establish the fact of adultery against her husband, William 
A. Cowles. Neither has there been proved ' ' such willful desertion ' ' on 
his part, " as can no ivay be remedied by the Church or civil magis- 
trate,' " as is recognized in the Confession of Faith (Chap, xxiv, Sec. 
vi), as " cause sufficient of dissolving the bond of marriage." 

The General Assembly do, therefore, consider that the said James H. 
Shields was properly convicted of adultery ; and the decision of the 
Synod of Iowa in this case is hereby reversed, and the judgment of the 
Presbytery of Des Moines therein confirmed. 

The Assembly, whilst rendering this decision, takes occasion to call 
the attention of the churches under its care to a tendency, manifest in 
some portions of our country, to relax the sacredness of the marriage 
tie. Lying, as the institution of marriage does, at the very foundation 
of order, purity and prosperity in the State and in the Church, the 
Assembly cannot view without abhorrence any attempt to diminish its 



OF MARRIAGE AND DIVORCE. 99 

sanctity or to extend beyond the warrant of the Holy Scriptures the 
grounds of divorce.— 1858, pp. 599, 600, N. S. 

2. Marriage on a divorce obtained on other than Scriptural grounds. 

The Assembly resumed the consideration of the appeal of the Rev. 
George Sheldon. 

The original parties having been fully heard, the roll was called, and 
opportunity was given to the members of the Assembly to express their 
opinions on the case. After which the final vote was taken, and the 
appeal was not sustained, nineteen voting in the affirmative, and fifty - 
four in the negative. — 1858, p. 607, N. S. 

[Mr. Sheldon was deposed by the Presbytery of Portage, on the 
ground of adultery, in having married a second wif e during the life of 
his first wife, from whom he had obtained a divorce in the civil courts, 
in the judgment of the Presbytery on other than Scriptural grounds. 
From the decision of the Presbytery he took an appeal to the Synod of 
the Western Reserve. The Synod decided as follows, viz. : 

After a full and patient hearing of the whole case of appeal by 
George Sheldon, from the Presbytery of Portage, the Synod are 
constrained to believe that the decision of the Presbytery was just; and 
that the Presbytery conducted the case with as much order and tender- 
ness as the inherent difficulties of the case would admit.] 

In view of the whole case : 

Resolved, That the decision of the Presbytery of Portage be sustained. 
—1858, p. 607, N. S. 

3. Deliverance on marriage, divorce and infanticide. 

a. Overture No. 44, relating to unscriptural views of marriage, 
divorce and infanticide. The Committee recommends the following, 
which was adopted: 

The Committee on Bills and Overtures, to which was referred the 
paper relating to divorce and infanticide, begs leave to report that it 
recommends the adoption of the following: 

That it is with great pain we are constrained to admit the increasing 
prevalence in many parts of our country of unscriptural views of the 
marriage relation, in consequence of which the obligations of that rela- 
tion are disregarded by many, and separations of husband and wife and 
divorces for slight and unwarrantable reasons are becoming more 
frequent every year. Nor can we shut our eyes to the fact that the 
horrible crime of infanticide, especially in the form of destruction by 
parents of their own offspring before birth, also prevails to an alarming 
extent. The evils which these errors and crimes have already brought 
upon our country, and the worse evils which they threaten in the near 
future, make it imperative, as we believe, that the whole power of the 
ministry and Church of Jesus Christ should be put forth in maintenance 
of the truth and of virtue in regard to these things. Many causes have 
operated to produce a corruption of the public morals so deplorable, 
prominent among which may be mentioned the facility with which 
divorces may be obtained in some of the States, the constant promulga- 
tion of false ideas of marriage and its duties by means of books, lectures, 
etc., and the distribution through the mails of impure publications. 
But an influence not less powerful than any of these is the growing 



100 CONFESSION OF FAITH, CHAP. XXV. 

devotion to fashion and luxury of this age, and the idea which practi- 
cally obtains to so great an extent that pleasure, instead of the glory of 
God and the enjoyment of his favor, is the great object of life. It is, 
therefore, the duty of the Church of Christ to oppose in every practica- 
ble way, these and all other corrupting agencies and tendencies, and we 
especially urge upon all ministers of the Gospel the duty of giving 
instruction to the people of their respective charges as to the Scriptural 
doctrine concerning the marriage relation. We warn them against 
joining in wedlock any who may have been divorced upon other than 
Scriptural grounds. We also enjoin upon church sessions the exercise of 
due discipline in the cases of those members who may be guilty of 
violating the law of Christ in this particular. 

This Assembly regards the destruction by parents of their own off- 
spring before birth with abhorrence, as a crime against God and against 
nature; and as the frequency of such murders can no longer be con- 
cealed, we hereby warn those that are guilty of this crime that, except 
they repent, they cannot inherit eternal life. We also exhort those who 
have been called to preach the Gospel, and all who love purity and the 
truth, and who would avert the just judgments of Almighty God from 
the nation, that they be no longer silent or tolerant of these things, but 
that they endeavor by all proper means to stay the floods of impurity 
and cruelty. 

We call upon all to remember that marriage is honorable not only in 
itself, but in its ends. Therefore all who seek to avoid the responsibili- 
ties and cares connected with the bringing up of children not only 
deprive themselves of one of the greatest blessings of life, and fly in the 
face of God's decrees, but do violence to their own natures, and will be 
found out of their sins even in this world. — 1869, p. 937, O. S. 

b. From the Presbytery of Cleveland on divorce. Recommending 
that the Assembly refer, in reply, to the deliverances already made in 
full on the subject, as published in the Digest [1873], pp. 494, 682, 
683. —Adopted 1874, p. 26. 

C. The following resolution was adopted: 

Whereas, The preservation of the marriage relation as an ordinance 
of God is essential to social order, morality and religion ; and, 

Whereas, That relation, in the popular mind, is shorn of its divine 
sanctions, to such an extent, that, not only are its sacred bonds often 
sundered for insufficient and trifling reasons, but the action of the civil 
courts, and the divorce laws in many of the States, are in direct contra- 
vention of the law of God; therefore be it 

Resolved, That the General Assembly hereby bears testimony against 
this immorality, and earnestly advises the churches and Presbyteries 
under its care to use all proper measures to correct this widespread evil. 
—1883, p. 689: 1885, p. 639. 



CHAPTER XXV. 
OF THE CHURCH. 



I, The catholic or universal Church, which is invisible, consists of 
the whole number of the elect, that have been, are, or shall be gathered 



OF THE CHURCH. 101 

into one, under Christ the head thereof; and is the spouse, the body, 
the fullness of him that fillet h all in all. 

II. The visible Church, which is also catholic or universal under the 
gospel (not confined to one nation, as before under the law), consists of 
all those throughout the world, that profess the true religion, together 
with their children ; and is the kingdom of the Lord Jesus Christ, the 
house and family of God, out of which there is no ordinary possibility 
of salvation. 

III. Unto this catholic visible Church, Christ hath given the ministry, 
oracles, and ordinances of God, for the gathering and perfecting of the 
saints, in this life, to the end of the world: and doth by his own pres- 
ence and Spirit, according to his promise, make them effectual there- 
unto. 

IV. This catholic Church hath been sometimes more, sometimes less, 
visible. And particular churches, which are members thereof, are more 
or less pure, according as the doctrine of the gospel is taught and 
embraced, ordinances administered, and public worship performed more 
or less purely in them. 

V. The purest churches under heaven are subject both to mixture and 
error: and some have so degenerated, as to become no churches of 
Christ, but synagogues of Satan. Nevertheless, there shall be always a 
Church on earth, to worship God according to his will. 

VI. There is no other head of the Church but the Lord Jesus Christ. 
Nor can the Pope of Rome, in any sense be head thereof; but is that 
antichrist, that man of sin, and son of perdition, that exalteth himself, 
in the Church, against Christ, and all that is called God. 

1. The Roman Catholic Church essentially apostate. 

Resolved, That this Assembly, in full accordance with the words of 
our Confession of Faith respecting the Church of Rome and its so-called 
spiritual head, do now reaffirm the deliverance, upon this subject, of 
the Assembly of 1835, as applying to that Roman hierarchy headed by 
the pope, falsely claiming to be the Church; which, opposed absolutely 
and irreconcilably to the doctrines of Holy Scripture, is corrupting and 
degrading a large part of Christ's Church over which it has usurped 
supreme control. — 1879, p. 630. 

The deliverance (of 1835) referred to is as follows: 

1. Resolved, That it is the deliberate and decided judgment of this 
Assembly that the Roman Catholic Church has essentially apostatized 
from the religion of our Lord and Saviour Jesus Christ, and therefore 
cannot be recognized as a Christian Church. 

2. Resolved, That it be recommended to all in our communion to 
endeavor, by the diffusion of light by means of the pulpit and the press, 
and all other proper and Christian means, to resist the extension of 
Romanism, and lead its subjects to the knowledge of the truth as it is 
taught in the Word of God. 

3. Resolved, That it is utterly inconsistent with the strongest obligations 



102 CONFESSION OF FAITH, CHAPS. XXVI-XXVIII. 

of Christian parents to place their children for education in Roman 
Catholic seminaries. — 1835, p. 490. 

[Note. — See Confession, Chap, xxviii, No. 7, and Directory for Worship, Chap. viii,. 
Sec. L] 

2. The Salvation Army not a Church. 

Overture on the recognition of the Salvation Army as a Church, from 
the Presbytery of Denver. It is recommended that the Assembly 
recognize with thankfulness the work done by the Salvation Army. But 
as they make no claim to be a Church, no action is necessary. Adopted. 
—1895, p. 76. 

3. Declaration of principles as to Church unity. 

a. All believers in Christ constitute one body, mystical, yet real, 
and destined to grow into the fullness of Him who filleth all in all. 

b. The universal visible Church consists of all those throughout the 
world who profess the true religion, together with their children. 

C. Mutual recognition and reciprocity between the different bodies 
who profess the true religion is the first and essential step towards practical 
Church unity. —1887, p. 133; 1894, p. 29. 



CHAPTER XXVI. 
OF THE COMMUNION OF SAINTS. 

I. All saints that are united to Jesus Christ their head, by his Spirit 
and by faith, have fellowship with him in his graces, sufferings, death, 
resurrection, and glory: and, being united to one another in love, they 
have communion in each other's gifts and graces; and are obliged to the 
performance of such duties, public and private, as do conduce to their 
mutual good, both in the inward and outward man. 

II. Saints, by profession, are bound to maintain an holy fellowship 
and communion, in the worship of God, and in performing such other 
spiritual services as tend to their mutual edification ; as also in relieving 
each other in outward things, according to their several abilities and 
necessities. Which communion, as God offereth opportunity, is to be 
extended unto all those, who, in every place, call upon the name of the 
Lord Jesus. 

III. This communion which the saints have with Christ, doth not make 
them in any wise partakers of the substance of his Godhead, or to be 
equal with Christ in any respect: either of which to affirm, is impious 
and blasphemous. Nor doth their communion one with another, as 
saints, take away, or infringe the title or property which each man hath 
in his goods and possessions. 



OF THE COMMUNION OF SAINTS AND THE SACRAMENTS. 103 

CHAPTER XXVII. 
OF THE SACRAMENTS. 

I. Sacraments are holy signs and seals of the covenant of grace, 
immediately instituted by God, to represent Christ and his benefits, and 
to confirm our interest in him: as also to put a visible difference between 
those that belong unto the Church, and the rest of the world; and 
solemnly to engage them to the service of God in Christ, according to 
his Word. 

II. There is in every Sacrament a spiritual relation, or sacramental 
union, between the sign and the thing signified ; whence it comes to pass, 
that the names and effects of the one are attributed to the other. 

III. The grace which is exhibited in or by the Sacraments, rightly 
used, is not conferred by any power in them ; neither doth the efficacy 
of a Sacrament depend upon the piety or intention of him that doth 
administer it, but upon the work of the Spirit, and the word of institution, 
which contains, together with a precept authorizing the use thereof, a 
promise of benefit to worthy receivers. 

IV. There be only two Sacraments ordained by Christ our Lord in 
the gospel, that is to say, Baptism and the Supper of the Lord: neither 
of which may be dispensed by any, but by a minister of the Word, 
lawfully ordained. 

[Note. — See Directory for Worship, Chap, viii, Sec. i.] 

V. The Sacraments of the Old Testament, in regard of the spiritual 
things thereby signified and exhibited, were, for substance, the same 
with those of the New. 



CHAPTER XXVIII. 
OF BAPTISM. 



I. Baptism is a Sacrament of the New Testament, ordained by Jesus 
Christ, not only for the solemn admission of the party baptized into the 
visible Church, but also to be unto him a sign and seal of the covenant 
of grace, of his ingrafting into Christ, of regeneration, of remission of 
sins, and of iiis giving up unto God, through Jesus Christ, to walk in 
newness of life: which Sacrament is, by Christ's own appointment, to 
be continued in his Church until the end of the world. 

II. The outward element to be used in this Sacrament is water, where- 
with the party is to be baptized in the name of the Father, and of the 
Son, and of the Holy Ghost, by a minister of the gospel, lawfully called 
thereunto. 

1. Ruling elders may not administer sealing ordinances. 

Overture from the Presbytery of Peoria on the authority of ruling 
elders to administer sealing ordinances. The Committee recommend 



104 CONFESSION OF FAITH, CHAP. XXVIII. 

that they be referred to the Standards, Directory for Worship, Chap, viii, 
Sec. i, and Chap, ix, throughout. 
Adopted. —1870, p. 22. 

2. Baptism by an impostor null and invalid. 

Whereas, A certain person pretending at Egg Harbor to be a minister 
regularly ordained among the Presbyterians, under that character 
baptized some adults and infants, and it appearing to the Synod that his 
pretences were false, having at that time no license or ordination, it is 
our opinion that all the Gospel ordinances he administered under that 
false and pretended character are null and invalid. — 1752, p. 249. 

3. By a profligate.— Cases to be judged of by the Session. 
The following question was proposed by the Committee of Overtures, 
viz. : 

Ought such persons to be rebaptized as have been offered in baptism 
by notoriously profligate parents, and baptized by ministers of the same 
description ? 

Resolved, That it is a principle of the Church that the un worthiness of 
the ministers of the Gospel does not invalidate the ordinances of religion 
dispensed by them. It is also a principle that as long as any denomina- 
tion of Christians is acknowledged by us a Church of Christ, we ought 
to hold the ordinances dispensed by it as valid, notwithstanding the 
unworthiness of particular ministers. Yet, inasmuch as no general rule 
can be made to embrace all circumstances, there may be irregularities in 
particular administrations by men not yet divested of their office, either 
in this or in other Churches, which may render them null and void. 
But as these irregularities must often result from circumstances and 
situations that cannot be anticipated and pointed out in the rule, they 
must be left to be judged of by the prudence and wisdom of church 
sessions and the higher judicatories to which they may be referred. In 
such cases, it may be advisable to administer the ordinance of baptism 
in a regular manner, where a profane exhibition of the ceremony may 
have been attempted. These cases and circumstances, however, are to 
be inquired into by the church sessions, and referred to a Presbytery 
before a final decision. — 1790, p. 26. 

4. Unitarian Baptism. 

A person who had been baptized in infancy by Dr. Priestly applied 
for admission to the Lord's table. Should the baptism administered by 
Dr. Priestly, then a Unitarian, be considered valid ? 

Resolved, That this question be answered in the negative. 

In the present state of our country, whilst Unitarian errors in various 
forms are making their insidious approaches; whilst the advocates of 
this heresy in many cases are practicing a system of concealment, and 
insinuating themselves into the confidence of multitudes who have no 
suspicion of their defection from the faith, the Assembly feel it to be 
their duty to speak without reserve. 

It is the deliberate and unanimous opinion of this Assembly that those 
who renounce the fundamental doctrine of the Trinity, and deny that 
Jesus Christ is the same in substance, equal in power and glory with the 
Father, cannot be recognized as ministers of the Gospel; and that their 
ministrations are wholly invalid. — 1814, p. 549. 



OF BAPTISM. 105 

5. By a minister after lie is deposed. 

A reference from the Presbytery of Hudson, requesting of the Assem- 
bly an answer to the following question, was received and read, viz. : 

Is baptism administered by a minister after he is deposed from office 
valid ? 

Resolved, That in answer to this question, the Presbytery be referred 
to Chap, vii [viii], Sec. i, of the Directory for Public Worship. — 1819, 
p. 701. 

6. By a suspended minister. 

The following overture was presented by the Committee of Overtures, 
viz. : ' ' Can a Presbytery consistently acknowledge as valid the ordi- 
nance of baptism as administered by those who are regularly suspended 
by a higher judicatory of the Church ? 

" If not, how are we to regard the baptism of the Cumberland 
Presbyterians ?" 

The Assembly resumed the consideration of the report of the Com- 
mittee on the overture respecting the Cumberland Presbyterians. After 
considerable discussion, the report of the Committee was adopted, and 
is as follows, viz. : 

1. That in the opinion of this Assembly, ministers of the Presbyterian 
Church, when regularly suspended by the competent judicatories, have 
no right to exercise the functions of a minister during that suspension. 

2. That while those persons styling themselves the Cumberland 
Presbytery were under suspension, their administrations are to be consid- 
ered as invalid; but after the General Assembly have declared them to 
be no longer connected with our Church, their administrations are to be 
viewed in the same light with those of other denominations not con- 
nected with our body. This decision is grounded on the opinion that the 
Act of the Assembly of 1814 precluded the propriety of deposition, or 
any other process in the case. — 1825, pp. 145, 156. 

7. The question, Is Baptism in the Church of Rome valid ? answered 

in the negative. 

a. The question presented to this Assembly by overture from the 
Presbytery of Ohio, "Is baptism in the Church of Home valid?" is one 
of a very grave character and of deep practical importance. The 
answer to it must involve principles vital to the peace, the purity and 
the stability of the Church of God. 

After a full discussion, carried through several days, this Assembly 
has decided, by a nearly unanimous vote [173 yeas to 8 nays], that 
baptism so administered is not valid. 

b. Because, since baptism is an ordinance established by Christ in His 
Church (Form Gov., Chap, vii; Matt, xxviii, 19, 20), and is to be 
administered only by a minister of Christ, duly called and ordained to 
be a steward of the mysteries of God (Directory, Chap, viii, Sec. i), it 
follows that no rite administered by one who is not himself a duly 
ordained minister of the true Church of God visible, can be regarded as 
an ordinance of Christ, whatever be the name by which it is called, 
whatever the form employed in its administration. The so-called 
priests of the Romish communion are not ministers of Christ, for they 
are commissioned as agents of the papal hierarchy, which is not a Church 
of Christ, but the Man of Sin, apostate from the truth, the enemy of 



106 COMPRESSION OF FAITH, CHAP. XXVJII. 

righteousness and of God. She has long lain under the curse of God, 
who has called His people to come out from her, that they be not 

partakers of her plagues 

In 1835 the Assembly declared the papacy to be apostate from 
Christ, and no true Church. As we do not recognize her as a portion of 
the visible Church of Christ, we cannot, consistently, view her priest- 
hood as other than usurpers of the sacred functions of the ministry, her 
ordinances as unscriptural, and her baptism as totally invalid. — 1845, 
pp. 15, 34, O. S. 

[Note. — For the whole deliverance assigning the reasons for the decision of the 
Assembly, see Digest, 1886, pp. 789-792.] 

8. The deliverance of 1845 affirmed. 

Overture from the Presbytery of Tuscaloosa, asking whether the 
ordinance of baptism ought to be administered to a person before recep- 
tion into our Church who presents a certificate of good and regular 
standing in the New School Presbyterian Church, but who has received 
only Roman Catholic baptism. 

The Committee answer that the mere fact that a person has been a 
member of another Church has nothing to do with his original baptism. 
The memorialists are referred to the action of the Assembly in 1845. 
Adopted.— 1859, p. 535, O. S. 

9. The question of rebaptism of a convert from Romanism left to the 
judgment of the session. 

The Committee on Bills and Overtures further reported as follows : 
No. 11. From the Presbytery of Genesee, asking a deliverance on the 
question, " Should a convert from Romanism, applying for admission 
into the Presbyterian Church, be again baptized ?" to which they 
recommend the following answer be given: That the decision of the 
question be left to the judgment of each church Session, guided by the 
principles governing the subject of baptism, as laid down in the Stand- 
ards of our Church. 

The report was unanimously adopted. — 1875, p. 514. 

10. The above deliverance sustained. 

The Judicial Committee presented the following, which was unani- 
mously adopted : 

Judicial Case No. 1. — An appeal of Elder Walter Bradshaw from 
the Synod of New York. 

Statement of the Case. — The Session of Princetown church declined to 
recognize the validity of Roman Catholic baptism, and required a candi- 
date, Mr. Edward Francis Graham, for admission to the Church, who was 
a Roman Catholic, to be baptized. Mr. Bradshaw, an elder of the 
Princetown church Session, complained to the Presbytery of Albany, 
upon the ground that Roman Catholic baptism was recognized by the 
Church as valid, and that an applicant for the privileges of the com- 
munion of the Church should not be rebaptized. 

The Presbytery of Albany declined to entertain the complaint of Mr. 
Bradshaw on the grounds ' ' that the Presbyterian Church has given no 
judicial decision upon the subject of the validity of Roman Catholic 
baptism, and has by the deliverances of the General Assembly (Minutes, 
1875, p. 514) left the decision of the validity of Roman Catholic bap- 
tism to the judgment of Sessions." 



OF BAPTISM. 107 

Mr. Bradshaw appealed from this decision of the Presbytery of 
Albany to the Synod of New York, on the grounds that the Presbytery 
had refused to consider the question of the validity of Koman Catholic 
baptism, and had dismissed the complaint, basing their action upon the 
deliverance of the Assembly, leaving the question of validity to Sessions. 
The Synod of New York, acting under Sec. xcix of the revised Book 
of Discipline, declined to entertain Mr. Bradshaw' s appeal and com- 
plaint, and directed the fact to be recorded that its decision was unani- 
mous. 

From this decision of the Synod, Mr. Bradshaw appeals to this 
General Assembly, on the grounds that Roman Catholic baptism is valid, 
and that it was unconstitutional for the Session to require the applicant 
to be rebaptized. Your Committee can discover no reasons for opening 
this question, and being convinced that the Synod of New York had 
good and sufficient reasons for declining to entertain the complaint of 
Mr. Bradshaw, and further persuaded that these reasons should likewise 
prevail with this General Assembly — viz. , that the deliverances of the 
General Assembly have left with Sessions the right to decide upon the 
validity of Koman Catholic baptism in particular cases, and that the 
Princetown church acted upon such deliverances — your Committee recom- 
mends that the appeal and complaint of Mr. Bradshaw against the 
action of the Synod of New York be not entertained. — 1885, pp. 593, 
594. 

[Note. — See also Directory for Worship, Chap, viii, Sees, iv, v.3 

11. The Assembly declines to make a new deliverance on the validity 
of Roman Catholic baptism. 

The Committee appointed by the Assembly of 1876, and continued 
(with certain changes) by the Assembly of 1877, to " consider and 
report upon the validity of Roman Catholic baptism," respectfully 
recommend the following for adoption by this General Assembly: 

Resolved, That it is inexpedient for this Assembly to make any new 
deliverance on this subject. 

It was adopted. — 1878, p. 23. 

III. Dipping of the person into the Avater is not necessary ; but bap- 
tism is rightly administered by pouring or sprinkling water upon the 
person. 

1. Mode of baptism. 

Is it expedient, in the present state of the Church, for a Presbyterian 
minister to baptize by immersion in any case ? 

The Confession of Faith, Chap, xxviii, Sec. iii, teaches as follows, 
viz. : Dipping of the person into the water is not necessary ; but baptism 
is rightly administered by pouring or sprinkling of water upon the 
person. Your Committee see no cause for adding anything to the doc- 
trine of the Confession on this subject. Adopted. — 1834, p. 433. 

IV. Not only those that do actually profess faith in, and obedience 

unto Christ, but also the infants of one or both believing parents are to 

be baptized. 

[Note. — Book of Discipline, Chap, i, Sec. v; and Directory for Worship, Chap, viii, 
Sec. iii.] 



108 CONFESSION OF FAITH, CHAPS. XXVIII-XXIX. 

1. The duty of Christian masters to have their servants baptized. 

The following case of conscience from Donegal Presbytery was over- 
tured, viz., whether Christian masters or mistresses ought, in duty, to 
have such children baptized as are under their care, though born of 
parents not in the communion of any Christiau Church. Upon this 
overture Synod are of opinion that Christian masters and mistresses, 
whose religious professions and conduct are such as to give them a right 
to the ordinance of baptism for their own children, may and ought to 
dedicate the children of their household to God in that ordinance when 
they have no scruple of conscience to the contrary. — 1786, p. 527. 

2. Of Christian slaves to have their children baptized. 
It was overtured whether Christian slaves, having children at the 
entire direction of unchristian masters, and not having it in their power 
to instruct them in religion, are bound to have them baptized, and 
whether a Gospel minister iu this predicament ought to baptize them, 
and Synod determined the question in the affirmative. — 1786, p. 527. 

3. Infant slaves of Christian masters. 
Ought baptism, on the profession and promise of the master, to be 
administered to the children of slaves ? 

1. It is the duty of masters who are members of the Church to pre- 
sent the children of parents in servitude to the ordinance of baptism, 
provided they are in a situation to train them up in the nurture and 
admonition of the Lord, thus securing to them the rich advantages which 
the Gospel provides. 

2. It is the duty of Christ's ministers to inculcate this doctrine, and 
to baptize all children of this description when presented by their masters. 
—1816, p. 617. 

4. Orphan children of heathen parents in the care of our missions. 

[Note. — See Directory for Worship, Chap, viii, Sec. iii.] 

V. Although it be a great sin to contemn or neglect this ordinance, 
yet grace and salvation are not so inseparably annexed unto it, as that 
no person can be regenerated or saved without it, or that all that are 
baptized are undoubtedly regenerated. 

VI. The efficacy of Baptism is not tied to that moment of time where- 
in it is administered; yet, notwithstanding, by the right use of this 
ordinance the grace promised is not only offered, but really exhibited 
and conferred by the Holy Ghost, to such (whether of age or infants) 
as that grace belongeth unto, according to the counsel of God's own will, 
in his appointed time. 

VII. The Sacrament of Baptism is but once to be administered to 
any person. 

1. Rebaptism disorderly. 

Overture from the Presbytery of the Cherokee Nation, asking, ' l What 
is the standing of an elder or member of the Presbyterian Church, who, 
becoming dissatisfied with his baptism by sprinkling, secures rebaptism by 
immersion, by one not a minister of the Presbyteriau Church ?" 

Answer : The action is clearly disorderly and in violation of Chap. 



OF BAPTISM AND THE LOKD's SUPPER. 109 

xxviii, Sec. vii, of the Confession of Faith. But as it concerns the 
mode, rather than the substance, of a sacrament, whether the act is to 
be regarded as disciplinable, must be determined by the Session, in the 
light of the circumstances attending each particular case. 

In the case of an elder, the Form of Government (Chap, xiii, Sees. 
vi, vii) makes it clear that in certain circumstances he should at least 
1 ' cease to be an acting elder, ' ' and the Session should ' ' take order on 
the subject."— 1890, p. 46. 



CHAPTER XXIX. 
OF THE LORD'S SUPPER. 



I. Our Lord Jesus, in the night wherein he was betrayed, instituted 

the Sacrament of his body and blood, called the Lord's Supper, to be 

observed in his Church unto the end of the world, for the perpetual 

remembrance of the sacrifice of himself in his death, the sealing all 

benefits thereof unto true believers, their spiritual nourishment and 

growth in him, their further engagement in, and to all duties which they 

owe unto him; and to be a bond and pledge of their communion with 

him, and with each other, as members of his mystical body. 

[Note. — See for decisions and deliverances on the Lord's Supper, Director}'' for Wor- 
ship, Chap, ix.] 

II. In this Sacrament Christ is not offered up to his Father, nor any 
real sacrifice made at all for remission of sins of the quick or dead; but 
only a commemoration of that once offering up of himself, by himself, 
upon the cross, once for all; and a spiritual oblation of all possible 
praise unto God for the same: so that the Popish sacrifice of the mass, 
as they call it, is most abominably injurious to Christ's one only sacrifice, 
the alone propitiation for all the sins of the elect. 

III. The Lord Jesus hath, in this ordinance, appointed his ministers 

to declare his word of institution to the people, to pray, and bless the 

elements of bread and wine, and thereby to set them apart from a 

common to an holy use: and to take and break the bread, to take the 

cup, and (they communicating also themselves) to give both to the 

communicants; but to none who are not then present in the congregation. 

[Note. — The Lord's Supper may be administered in a private house under certain 
circumstances. See Directory for Worship, Chap, ix, Sec. i, 1863, p. 37, 0. S.] 

IV. Private masses, or receiving this Sacrament by a priest, or any 
other, alone; as likewise the denial of the cup to the people; worshiping 
the elements ; the lifting them up, or carrying them about for adoration, 
and the reserving them for any pretended religious use ; are all contrary 
to the nature of this Sacrament, and to the institution of Christ. 

V. The outward elements in this Sacrament, duly set apart to the uses 
ordained by Christ, have such relation to him crucified, as that truly, 
yet sacramentally only, they are sometimes called by the name of the 



110 CONFESSION OF FAITH, CHAPS. XXX-XXXI. 

things they represent, to wit, the body and blood of Christ; albeit, in 
substance and nature, they still remain truly, and only, bread and wine, 
as they w T ere before. 

VI. That doctrine which maintains a change of the substance of 
bread and wine, into the substance of Christ's body and blood (commonly 
called transubstantiation) by consecration of a priest, or by any other 
way, is repugnant, not to Scripture alone, but even to common sense 
and reason; overthroweth the nature of the Sacrament; and hath been, 
and is the cause of manifold superstitions, yea, of gross idolatries. 

VII. Worthy receivers, outwardly partaking of the visible elements 
in this Sacrament, do then also inwardly by faith, really and indeed, yet 
not carnally and corporally, but spiritually, receive and feed upon 
Christ crucified, and all benefits of his death: the body and blood of 
Christ being then not corporally or carnally in, with, or under the bread 
and wine; yet as really, but spiritually, present to the faith of believers 
in that ordinance, as the elements themselves are to their outward senses. 

VIII. Although ignorant and wicked men receive the outward 
elements in this Sacrament, yet they receive not the thing signified there- 
by; but by their unworthy coming thereunto are guilty of the body and 
blood of the Lord, to their own damnation. Wherefore all ignorant 
and ungodly persons, as they are unfit to enjoy communion with him, so 
are they unworthy of the Lord's Table, and cannot, without great sin 
against Christ, while they remain such, partake of these holy mysteries, • 
or be admitted thereunto. 



CHAPTEE XXX. 
OF CHURCH CENSURES. 



I. The Lord Jesus, as king and head of his Church, hath therein 
appointed a government in the hand of church- officers, distinct from the 
civil magistrate. 

II. To these officers the keys of the kingdom of heaven are committed, 
by virtue whereof they have power respectively to retain and remit sins, 
to shut that kingdom against the impenitent, both by the word and cen- 
sures; and to open it unto penitent sinners, by the ministry of the gospel, 
and by absolution from censures, as occasion shall require. 

III. Church censures are necessary for the reclaiming and gaining of 
offending brethren; for deterring of others from like offences; for purg- 
ing out of that leaven which might infect the whole lump ; for vindica- 
ting the honor of Christ, and the holy profession of the gospel; and for 
preventing the wrath of God, which might justly fall upon the Church, 
if they should suffer his covenant, and the seals thereof, to be profaned 
by notorious and obstinate offenders. 



OF CHURCH CENSURES AND COUNCILS. Ill 

IV. For the better attaining of these ends, the officers of the Church 

are to proceed by admonition, suspension from the Sacrament of the 

Lord's Supper for a season, and by excommunication from the Church, 

according to the nature of the crime, and demerit of the person. 

[Xote. — For the censures which may be inflicted, see Book of Discipline, Chap, v, 
Sees, xxxiv and xl. Also Directory for Worship, Chap, xi, and Forni of Govern- 
ment, Chap, viii, Sec. ii ; Chap, ix, Sec. vi.] 



CHAPTER XXXI. 
OF SYNODS AND COUNCILS. 

I. For the better government and further edification of the Church, 
there ought to be such assemblies as are commonly called synods or coun- 
cils: and it belongeth to the overseers and other rulers of the particular 
churches, by virtue of their office, and the power which Christ hath 
given them for edification and not for destruction, to appoint such assem- 
blies; and to convene together in them, as often as they shall judge it 
expedient for the good of the Church. 

[Note. — See Form of Government, Chap, viii, Sees, i andii, and Chaps, ix-xii.] 

II. It belongeth to synods and councils, ministerially, to determine 
controversies of faith, and cases of conscience; to set down rules and 
directions for the better ordering of the public worship of God, and 
government of his Church; to receive complaints in cases of mal-admin- 
istration, and authoritatively to determine the same: which decrees and 
determinations, if consonant to the Word of God, are to be received 
with reverence and submission, not only for their agreement with the 
Word, but also for the power whereby they are made, as being an 
ordinance of God, appointed thereunto in his Word. 

[Xote. — See Form of Government, Chap, i, Sec. vii and Chap, xii.] 

III. All synods or councils since the apostles' times, whether general 
or particular, may err, and many have erred; therefore they are not to 
be made the rule of faith or practice, but to be used as a help in both. 

[Xote.— See Form of Government, Chap, i, Sec. vii.] 

IV. Synods and councils are to handle or conclude nothing, but that 
which is ecclesiastical : and are not to intermeddle with civil affairs which 
concern the commonwealth, unless by way of humble petition in cases 
extraordinary; or by way of advice for satisfaction of conscience, if 
they be thereunto required by the civil magistrate. 

1. The Spiritual Character of the Church. 

The following paper, offered by Elder George H. Shields, was unani- 
mously adopted by a rising vote : 

Whereas, The Synod of Missouri, in connection with the General 
Assembly of the Presbyterian Church in the United States of America, 
at its meeting in Fulton, Mo., in October, 1886, unanimously adopted 
the following paper and declaration of principles, to wit: 



112 CONFESSION OF FAITH, CHAPS. XXXI-XXXIII. 

1 ' It has come to the knowledge of this Synod that many brethren 
belonging to the Synod in connection with the General Assembly of the 
Presbyterian Chnrch in the United States, are under a misapprehension 
with regard to the position of this body touching the spiritual or non- 
political character of the Church, and also touching the rights of indi- 
viduals under the Constitution of the Church. Owing to this misappre- 
hension, and to the continued separation of the two Synods, many of the 
congregations on both sides are greatly weakened, our educational 
institutions are partially paralyzed, and all of our interests are seriously 
crippled. With the hope of healing forever the breach between us, we 
once more affectionately extend the hand of fellowship to our separated 
brethren, and cheerfully reaffirm the action unanimously taken by this 
Synod in 1873, as follows: 

"1. We affirm the spiritual character of the Church as separated 
from the kingdoms of this world, and, having no other head than the 
Lord Jesus Christ, as entitled to speak only where He has spoken, and to 
legislate only where He has legislated ; we also recognize the rights of 
conscience, and the right of respectful protest on the part of the hum- 
blest member of the Presbyterian household of faith, and declare the 
obligation of all our judicatories to be subject to the authority and to 
follow the doctrines of our ecclesiastical constitution. 

' ' 2. We distinctly and particularly affirm our belief in the following 
principles and statements found in our Standards, to wit: ' Synods and 
councils are to handle or conclude nothing but that which is ecclesiastical, 
and are not to intermeddle with civil affairs which concern the Common- 
wealth, unless by way of humble petition in cases extraordinary, or by 
Avay of advice for the satisfaction of conscience, if they be thereunto 
required by the civil magistrate ' (Confession of Faith, Chap, xxxi, 
Sec. iv). ' That God alone is Lord of the conscience, and hath left it 
free from the doctrines and commandments of men, which are in any- 
thing contrary to His Word, or beside it in matters of faith or worship. ' 
* That all Church power, whether exercised by the body in general, or 
in the way of representation by delegated authority, is only ministerial 
or declarative; that is to say, that the Holy Scriptures are the only rule 
of faith and practice, that no Church judicatory ought to pretend to 
make laws to bind the conscience in virtue of their own authority, and 
that all their decisions should be founded upon the revealed will of God ' 
(Form of Government, Chap, i, Sees, i, vii); and that process against 
a Gospel minister should always be entered before the Presbytery of 
which he is a member (Book of Discipline, Sees, xviii, cviii). 

"3. In order to give the strongest possible ground of confidence to those 
of our brethren in the other Synod, who desire organic union with us, 
we do hereby express confidence in the soundness of doctrine, and in the 
Christian character of these brethren, and cannot doubt that a more 
intimate communion would lead to the speedy removal of the barriers 
that now separate those of like precious faith, and to increased mutual 
affection and esteem." 

Now, therefore, be it 

Resolved, That this General Assembly heartily approves the action of 
the Synod of Missouri in adopting said paper, and the declaration of 
principles therein set forth.— 1887, pp. 26, 27; 1888, p. 147. 



OF THE RESURRECTION AND THE LAST JUDGMENT. 113 

CHAPTER XXXII. 

OF THE STATE OF MAN AFTER DEATH, AND OF THE 
RESURRECTION OF THE DEAD. 

I. The bodies of men, after death, return to dust, and see corruption ; 
but their souls (which neither die nor sleep), having an immortal sub- 
sistence, immediately return to God who gave them. The souls of the 
righteous, being then made perfect in holiness, are received into the 
highest heavens, where they behold the face of God in light and glory, 
waiting for the full redemption of their bodies: and the souls of the 
wicked are cast into hell, where they remain in torments and utter 
darkness, reserved to the judgment of the great day. Besides these two- 
places for souls separated from their bodies, the Scripture acknowledgetli 
none. 

[Note. — See case of Rev. Charles A. Briggs, D.D., under Confession, Chap, i, Sec. ii, 
Charge ii ; case of John Miller, under Chap, vi, Specification.] 

II. At the last day, such as are found alive shall not die, but be 
changed: and all the dead shall be raised up with the self-same bodies, 
and none other, although with different qualities, which shall be united 
again to their souls for ever. 

III. The bodies of the unjust shall, by the power of Christ, be raised 
to dishonor; the bodies of the just, by his Spirit, unto honor, and be 
made conformable to his own glorious body. 

CHAPTER XXXIII. 
OF THE LAST JUDGMENT 

I. God hath appointed a day, wherein he will judge the world in 
righteousness by Jesus Christ, to whom all power and judgment is given 
of the Father. In which day, not only the apostate angels shall be 
judged ; but likeAvise all persons, that have lived upon earth, shall appear 
before the tribunal of Christ, to give an account of their thoughts, words, 
and deeds ; and to receive according to what they have done in the body, 
whether good or evil. 

II. The end of God's appointing this day is for the manifestation of 
the glory of his mercy, in the eternal salvation of the elect; and of his 
justice, in the damnation of the reprobate, who are wicked and disobe- 
dient. For then shall the righteous go into everlasting life, and receive 
that fullness of joy and refreshing which shall come from the presence 
of the Lord: but the wicked, who know not God, and obey not the 
gospel of Jesus Christ, shall be cast into eternal torments, and be 
punished with everlasting destruction from the presence of the Lord, and 
from the glory of his power. 

III. As Christ would have us to be certainly persuaded that there 
shall be a day of judgment, both to deter all men from sin, and for the 



114 CONFESSION OF FAITH, CHAP. XXXIII. THE CREED. 

greater consolation of the godly in their adversity: so will he have that 
day unknown to men, that they may shake off all carnal security, and 
be always watchful, because they know not at what hour the Lord will 
come; and may be ever prepared to say, Come, Lord Jesus, come 
quickly. Amen. 

End of Confession. 

General Deliverances on Doctrine. 

[Note. — For the deliverances of the Assembly of 1837 on doctrinal errors, and for 
the Auburn Declaration, see under Form of Government, Chap, xii, Sec. v, p. 281.] 

THE CREED. 

I believe in God the Father Almighty, Maker of heaven and earth: 
And in Jesus Christ his only Son, our Lord; who was conceived by the 
Holy Ghost, born of the Virgin Mary, suffered under Pontius Pilate, 
was crucified, dead, and buried ; he descended into hell ;* the third day 
he rose again from the dead; he ascended into heaven, and sitteth on 
the right hand of God the Father Almighty; from thence he shall come 
to judge the quick and the dead. 

I believe in the Holy Ghost ; the holy Catholic Church ; the communion 
of saints; the forgiveness of sins; the resurrection of the body; and the 
life everlasting. Amen. 

[Note. — The creed was formally adopted by the Westminster Assembly, as a part 
of the Shorter Catechism, and was adopted also by the General Synod of this Church 
in 1729 and 1788.] 

1. Authorized alterations in the Creed. Use in worship. 

" Resolved, That the propriety of omitting from or changing in the 
so-called Apostles' Creed the phrases, ' He descended into hell,' and 
' The Holy Catholic Church, ' be referred to the Committee on a Consen- 
sus Creed to consider what is wise in the way of action and to report to 
the General Assembly." 

The Committee, having carefully considered the subject of this resolu- 
tion, respectfully recommend that no change in the Creed be attempted, 
and would call attention to the fact that the footnote connected with it 
and explanatory of the phrase, ' ' He descended into hell, " is a part of 
the Creed itself. The note reads, " Continued in the state of the dead, 
and under the power of death, until the third day. ' ' This note is not 
the work of an editor, but of the Westminster Assembly, and was 
confirmed and adopted by our General Synod in 1788. The Apostles' 
Creed, as a Standard of the Presbyterian Church, includes this explana- 
tory note, and neither the Creed nor the note could be changed except 
by due constitutional procedure. The Committee, however, feel that it 
would be unwise, in any event, to attempt to revise this venerable 
Formula of Faith, which, though not of apostolic origin, has yet back 
of it Christian antiquity and the veneration of all Christian commu- 
nions. 

* i. e. Continued in the state of the dead, and under the power of death, until the 
third day. 

[See the answer to the 50th question in the Larger Catechism.] 



OF THE CREED. 115 

Resolved, The attention of our congregations is hereby called to the 
fact that the Apostles' Creed is one of the Standards of the Presbyterian 
Church ; that the instruction of the children of the Church therein is 
commended in the Directory for Worship, Chap, x, Sec. i, and that its 
use in worship is not contrary to any law or regulation of our denomina- 
tion. 

Resolved, That when the Apostles' Creed is used in the worship of our 
congregations, the Assembly judges that ministers are at liberty to substi- 
tute for the phrase, ' ' He descended into hell, ' ' the equivalent words, 
" He continued in the state of the dead, and under the power of death, 
until the third day."— 1892, pp. 34, 35. 



116 FORM OF GOVERNMENT, CHAP. I. 



PART III. 

THE FORM OF GOVERNMENT. 

Adopted 1788. Amended 1805—1894. 

CHAPTER I. 

PRELIMINAR Y PRINCIPLES. * 

The Presbyterian Church in the United States of America, in pre- 
senting to the Christian public the system of union, and the form of 
government and discipline which they have adopted, have thought 
proper to state, by way of introduction, a few of the general principles 
by which they have been governed in the formation of the plan. This, 
it is hoped, will, in some measure, prevent those rash misconstructions, 
and uncandid reflections, which usually proceed from an imperfect view 
of any subject; as well as make the several parts of the system plain, 
and the whole perspicuous and fully understood. 

They are unanimously of opinion: 

I. That " God alone is Lord of the conscience; and hath left it free 
1 ' from the doctrines and commandments of men, which are in anything* 
' ' contrary to his word, or beside it in matters of faith or worship :"f there- 
fore they consider the rights of private judgment, in all matters that 
respect religion, as universal and unalienable : they do not even wish to 
see any religious constitution aided by the civil power, further than may 
be necessary for protection and security, and, at the same time, be equal 
and common to all others. 

II. That, in perfect consistency with the above principle of common 
right, every Christian Church, or union or association of particular 
churches, is entitled to declare the terms of admission into its communion, 
and the qualifications of its ministers and members, as well as the whole 
system of its internal government which Christ hath appointed: that, in 
the exercise of this right they may, notwithstanding, err, in making the 
terms of communion either too lax or too narrow; yet, even in this case, 
they do not infringe upon the liberty, or the rights of others, but only 
make an improper use of their own. 

III. That our blessed Saviour, for the edification of the visible 
Church, which is his body, hath appointed officers, not only to preach 

* This introductory chapter, with the exception of the first sentence, was first drawn 
up by the Synod of New York and Philadelphia, and prefixed to the Form of Gov- 
ernment, etc., as published by that body in 1788. In that year, after arranging the 
plan on which the Presbyterian Church is now governed, the Synod was divided into 
four Synods, and gave place to the General Assembly, which met for the first time in 
1789. 

t Confession of Faith, Chap, xx, Sec. ii. 



PRELIMINARY PRINCIPLES. 117 

the gospel and administer the sacraments ; but also to exercise discipline, 
for the preservation both of truth and duty; and, that it is incumbent 
upon these officers, and upon the whole Church, in whose name they act, 
to censure or cast out the erroneous and scandalous; observing, in all 
cases, the rules contained in the Word of God. 

IV. That truth is in order to goodness ; and the great touchstone of 
truth, its tendency to promote holiness; according to our Saviour's rule, 
* ' by their fruits ye shall know them. ' ' And that no opinion can be 
either more pernicious or more absurd, than that which brings truth and 
falsehood upon a level, and represents it as of no consequence what a 
man's opinions are. On the contrary, they are persuaded that there is 
an inseparable connection between faith and practice, truth and duty. 
Otherwise it would be of no consequence either to discover truth, or to 
embrace it. 

V. That while under the conviction of the above principle, they 
think it necessary to make effectual provision, that all who are admitted 
as teachers, be sound in the faith ; they also believe that there are truths 
and forms, with respect to which men of good characters and principles 
may differ. And in all these they think it the duty both of private 
Christians and societies, to exercise mutual forbearance towards each other. 

VI. That though the character, qualifications, and authority, of 
church officers, are laid down in the Holy Scriptures, as well as the proper 
method of their investiture and institution ; yet the election of the persons 
to the exercise of this authority, in any particular society, is in that 
society. 

VII. That all church power, whether exercised by the body in gen- 
eral, or in the way of representation by delegated authority, is only 
ministerial and declarative ; that is to say, that the Holy Scriptures are 
the only rule of faith and manners; that no church judicatory ought to 
pretend to make laws, to bind the conscience in virtue of their own 
authority; and that all their decisions should be founded upon the 
revealed will of God. Now, though it will easily be admitted, that all 
synods and councils may err, through the frailty inseparable from 
humanity ; yet there is much greater danger from the usurped claim of 
making laws, than from the right of judging upon laws already made, 
and common to all who profess the gospel ; although this right, as 
necessity requires in the present state, be lodged with fallible men. 

VIII. Lastly, That, if the preceding scriptural and rational principles 
be steadfastly adhered to, the vigor and strictness of its discipline will 
contribute to the glory and happiness of any Church. Since ecclesias- 
tical discipline must be purely moral or spiritual in its object, and not 
attended with any civil effects, it can derive no force whatever, but from 
its own justice, the approbation of an impartial public, and the counte- 
nance and blessing of the great Head of the Church universal. 



118 FORM OF GOVERNMENT, CHAP. II. 

CHAPTER II. 
OF THE CHURCH. 

I. Jesus Christ, who is now exalted far above all principality and 
power, hath erected, in this world, a kingdom, which is his church. 

II. The universal church consists of all those persons, in e very- 
nation, together with their children, who make profession of the holy 
religion of Christ, and of submission to his laws. 

1. Deliverances on Church Unity. 

On receiving the report of the Special Committee on Church Unity 
appointed in 1887 on a memorial from the Protestant Episcopal Church 
[see Minutes, p. 154], the following action was had: 

1. The General Assembly reaffirms the declaration of the General 
Assembly of 1887 [pp. 133, 134 and 156] as follows, viz.: "The 
General Assembly is in cordial sympathy with the growing desire among 
the evangelical Christian Churches for practical unity and cooperation in 
the work of spreading the Gospel of our Lord Jesus Christ throughout 
all the earth." 

2. It reaffirms the further declaration of the same Assembly, viz. : 

a. All believers in Christ constitute one body, mystical, yet real, 
and destined to grow into the fullness of Him who filleth all in all. 

b. The universal visible Church consists of all those throughout the 
world who profess the true religion, together with their children. 

C. Mutual recognition and reciprocity between the different bodies 
who profess the true religion is the first and essential step towards practi- 
cal Church unity.— 1894, p. 28. 

The Committee on Church Unity presented its report on correspon- 
dence with the Protestant Episcopal Commission. The following resolu- 
tions were adopted: 

1. That the Committee on Church Unity be, and hereby is, discharged 
from further conference with the Commission of the Protestant Episco- 
pal Church on this subject. 

2. That one thousand copies of the correspondence with the Commis- 
sion, accompanied by the report of the Committee to this Assembly, be 
printed as a permanent record. 

3. That the Presbyterian Church in the United States of America 
desires a closer affiliation with other evangelical Churches, and expresses 
the hope that the time may soon come when the suspended correspon- 
dence with the Commission of the Protestant Episcopal Church may be 
reopened by the acceptance by that Church of the doctrine of " mutual 
recognition and reciprocity." — 1896, p. 104. 

III. As this immense multitude cannot meet together in one place, to 
hold communion, or to worship God, it is reasonable, and warranted by . 
Scripture example, that they should be divided into many particular 
churches. 

IV. A particular church consists of a number of professing Chris- 
tians, with their offspring, voluntarily associated together, for divine 



OF THE CHURCH. 119 

worship and godly living, agreeably to the Holy Scriptures ; and submit- 
ting to a certain form of government. 

[Note. — See, also, Book of Discipline, Chap, i, Sec. v ; Directory for Worship, Chap, 
x, Sec. i. 

A larger type is used to indicate to the reader that the parts thus printed are from 
the Form of Government, Book of Discipline, or Directory for Worship.] 

1. Mode of organization of new churches. 

The Committee to whom was recommitted the report of the last As- 
sembly, on the organization of new churches, reported again, and their 
report was read and adopted, and is as follows, viz. : 

That a particular Presbyterian church, so far as adults are concerned, 
is constituted and organized as such, by a number of individuals, pro- 
fessing to walk together as the disciples of Jesus Christ, on the principles 
of the Confession of Faith and Form of Government of the Presby- 
terian Church, and the election and ordination of one or more ruling 
elders, who, by the ordination service, become the spiritual rulers of the 
persons voluntarily submitting themselves to their authority in the Lord. 

a. This organization ought always to be made by application to the 
Presbytery, within the bounds of which the church to be organized is 
found, unless this be exceedingly inconvenient, in which case it may be 
done by a duly authorized missionary, or a neighboring minister of the 
Gospel. 

b. At the time appointed for the purpose, after prayer for divine 
direction and blessing, the presiding minister, or Committee appointed 
by the Presbytery, should first receive from those persons to be organized 
into the new church, if they have been communicants in other churches, 
letters of dismission and recommendation; and in the next place, exam- 
ine and admit to a profession of faith, such persons as may offer them- 
selves, and may be judged suitable to be received on examination. If 
any of these persons admitted to a profession on examination have not 
been baptized, they should in this stage of the business be made the 
subjects of Christian baptism. 

C. The individuals ascertained in the foregoing manner to be desirous 
and prepared to associate as a church of Christ, should now, by some 
public formal act, such as rising, joining hands, or subscribing a written 
statement, agree and covenant to walk together in a church relation, 
according to the acknowledged doctrines and order of the Presbyterian 
Church. 

d. The next step is to proceed to the election and ordination of ruling 
elders, in conformity with the directions given on this subject in the 
Form of Government of the Presbyterian Church. 

Deacons are to be elected and ordained in like manner as in the case 
of ruling elders. 

e. When a church has been organized in the manner already described, 
report of the same should be made, as soon as practicable, to the Pres- 
bytery within whose bounds it is located. And when a missionary, or 
other minister of the Gospel, not especially appointed to the work by a 
Presbytery, has, in the manner above specified, organized a church, not 
within the known bounds of any Presbytery, the church thus organized 
should as soon as practicable make known to some Presbytery, with 
which it may be most naturally and conveniently connected, the time 
and manner of its organization, and desire to be received under the care 
of said Presbytery. 



120 FORM OF GOVERNMENT, CHAP. II. 

In cases in which churches are to be formed within the known boun- 
daries of any Presbytery, it is most desirable that persons wishing to be 
organized as a Presbyterian church, should petition that Presbytery to 
receive them under its care for the purpose of organizing them in due 
form. 

f. There may be people in destitute portions of our land, who may be 
disposed to associate for the purpose of forming a Presbyterian congre- 
gation, when no minister of the Gospel can be obtained to aid them. 
The forming of associations for such a purpose, in the circumstances 
contemplated, should be considered not only as lawful, but highly com- 
mendable. And such associations, when formed, should, as speedily as 
possible, take measures for obtaining the preaching of the Gospel, and 
for becoming organized as regular churches. 

g. Cases may also occur, in various places, in which a collection or 
association of people may desire the preaching of the Gospel, and be 
willing, in whole or in part, to support it, and yet may not have suitable 
men among them to sustain the office of ruling elders. 

Such people may and ought to obtain a preacher of the Gospel to labor 
among them, and occasionally to administer ordinances, under the direc- 
tion of some Presbytery, till they shall find themselves in circumstances 
to make a proper choice of ruling elders, and to have them regularly 
set apart to their office.— 1831, pp. 326, 327. 

2. Enrollment of imperfectly organized churches. 

[Note. — The Presbytery of West Jersey overtured the Assembly for an answer to 
the question whether a number of professing Christians associated for divine wor- 
ship substantially as set forth in the Form of Government, Chap, ii, Sec. iv, has a right 
to be enrolled as a Presbyterian church before the election of elders. For the overture 
and the answer of the Assembly, which was adopted, see Minutes, 1888, p. 109. The 
next year the Synod of New Jersey overtured the Assembly upon the same subject, 
and the answer of the Committee on the Polity of the Church was referred to a 
Special Committee {Minutes, 1889, pp. 100, 101), to report to the next Assembly. The 
report of the Special Committee to the Assembly of 1890, which was adopted, is as 
follows :] 

Your Committee would respectfully report: 

According to the Form of Government, Chap, ii, Sec. iv, "A particu- 
lar church consists of a number of professing Christians, with their 
offspring, voluntarily associated together for divine worship and godly 
living, agreeably to the Holy Scriptures, and submitting to a certain 
form of government." 

In 1831, the General Assembly declared, that " a particular Presby- 
terian Church, so far as adults are concerned, is constituted and 
organized as such, by a number of individuals, professing to walk 
together as the disciples of Jesus Christ, on the principles of the Con- 
fession of Faith and Form of Government of the Presbyterian Church, 
and the election and ordination of one or more ruling elders, who by 
the ordination service become the spiritual rulers of the persons volun- 
tarily submitting themselves to their authority in the Lord." In 
describing the proper organization of a particular Presbyterian church, 
the Assembly requires that application be made to the Presbytery, which 
should appoint a Committee to accomplish. the desire of the applicants, 
by receiving those who are full communicants, on certificates from their 
several churches; and, others, after examination, on profession of faith. 
Those thus received " should now, by some public formal act, such as 
rising, joining hands, or subscribing a written statement, agree and 



OF THE CHURCH. 121 

covenant to walk together in a church relation, according to the 
acknowledged doctrines and order of the Presbyterian Church " (Digest, 
1886, p. 107). This formal act constitutes them a Presbyterian 
church, according to the above-quoted section of the Form of Govern- 
ment. The "Book of Church Order" of the Southern Church re- 
quires that the Committee should then by its Chairman say: " I now 
pronounce that you are constituted a church according to the Word of 
God and the faith and order of the Presbyterian Church in the United 
States. In the name of the Father, and of the Son and of the Holy 
Ghost" (Chap, ii, Sec. v). 

Thus the communicants are organized a Presbyterian church, before 
they can proceed to elect officers. This is evident from our Form of 
Government, which says: " In all cases the persons elected (ruling 
elders or deacons) must be male members, in full communion, in the 
church in which they are to exercise their office " (Chap, xiii, Sec. ii). 
And they can be elected only by the communicants of that particular 
church. 

In 1888, the General Assembly was asked " whether such a body of 
believers, so organized, has a right to be enrolled as a church by the 
Presbytery, though the election of elders and deacons be postponed 
temporarily for reasons of prudence or necessity ; and further, what is 
the status of such a church, or of one which has lost its officers by death 
or removal, and, for the time being, is without suitable material for the 
election of successors ?" The Assembly replied that " a body of Chris- 
tians thus formed is essentially and potentially a church, with the right 
of enrollment and recognition, though not prepared to exercise the func- 
tions of government and discipline until its representative officers, as 
required by the Presbyterian system, be chosen and duly set apart for 
these purposes. Meanwhile the Presbytery shall appoint one or more of 
its members to take oversight of the spiritual affairs of such a church 
until a Session may be regularly constituted. ' ' The same Assembly was 
also asked : ' ' May a minister of a Presbyterian church receive members 
by examination and profession of their faith into a church in which no 
ruling elder or elders can be foimd, all having died or removed from the 
bounds of the church, and would members so received and recognized 
by the congregation and chosen as officers of the church be legally 
entitled to their positions as church officers ?" The Assembly gave an 
affirmative answer to these questions, " provided such action is taken 
under the authority and direction of the Presbvtery " (Minutes, 1888, 
p. 109). 

A fully constituted Presbyterian church must have a pastor, ruling 
elders and deacons. But its existence as a church does not depend upon 
its officers. It would not be ipso facto dissolved should they all be 
removed. The church, under a proper call, would be competent to elect 
others in their stead. 

From the above harmonious declarations of our Form of Government 
and of the General Assembly, it is evident that a distinction is properly 
made between the existence of a church and the agents through which 
it performs its functions — between the organization of a Presbyterian 
church, possessing under our Form of Government certain offices, and 
the election of individuals to fill these offices. 

We therefore recommend that the following reply be sent to the Synod 
of New Jersey: 



122 FORM OF GOVERNMENT, CHAP. II. 

1. A particular Presbyterian church consists of a number of com- 
municants, together with their offspring, associated by the direction of 
Presbytery, professing to walk together as the disciples of Jesus Christ, 
on the principles of the Confession of Faith and the Form of Govern- 
ment of the Presbyterian Church, and should be recognized and enrolled 
as such. 

2. The first act of the newly organized church should be the election, 
under the supervision of the Committee of Presbytery, of ruling elders 
and deacons. The Committee should at once appoint a minister of the 
Presbytery as Moderator of Session, until the church shall elect a pastor, 
and the Presbytery takes further action. 

3. The Committee of Presbytery should carefully consider the char- 
acter and other qualifications of every candidate for ruling elder or 
deacon, and should discountenance the election or ordination of those who 
appear unsuitable. 

4. When, however, proper persons cannot be found among the com- 
municants for church officers, all the facts should be reported to Presby- 
tery, which should regard the organization as potentially a church, and 
therefore entitled to enrollment and supervision; but as imperfect in its 
condition, being disqualified, lacking the proper officers, from exercising 
government and discipline, and from representation in the judicatories 
of the Church. The Presbytery should therefore appoint a Special 
Committee to take the oversight of the church, and to secure, as soon as 
possible, the election of proper officers — ruling elders and deacons — that 
it may perform all the functions of a Presbyterian church. — 1890, pp. 
113-116. 

3. Church charters should be consistent with the ecclesiastical order 
and principles of the Presbyterian Church. 

Considering that it is necessary to the due and orderly maintenance of 
the Constitution of the Presbyterian Church in its various provisions, 
that care be taken, in obtaining legal enactments of a secular kind, that 
they be so formed as not to come in conflict with any such provisions — 
and whereas, it is known, that instances have existed, and probably do 
still exist, in which the charters of churches, and perhaps other legal 
instruments, are so framed that the laws of the Church and the laws of 
the land are not reconcilable with each other: Therefore, 

Resolved, That the General Assembly earnestly recommend it to all 
the congregations under their supervision, that in resorting to the legis- 
latures or tribunals of our country, they use the utmost care to ask 
nothing which, if granted, will in any respect contravene the principles 
or order of our Church; and in any cases in which civil enactments, 
heretofore obtained, do militate with any of the principles or order of 
our Church, they endeavor, as soon as possible, to obtain the repeal or 
modification of such enactments, so as to make them consistent with the 
ecclesiastical order and principles of the Presbyterian Church. — 1838, p. 
26, O. S. 

[Note. — Full information as to charters for church corporations will be found in 
" Laws Relating to Religious Corporations : Being a Collection of the General Stat- 
utes of the Several States," etc. By Rev. W. H. Roberts, D.D., LL.D. Pp. lxvi, 591, 
8vo. Philadelphia, Presbyterian Board of Publication, 1896.] 

4. Trustees, recognition by General Synod. 

It is not inconsistent with the Presbyterian plan of government, nor 
the institution of our Lord Jesus Christ, that trustees, or a Committee 



OF THE CHURCH. 123 

chosen by the congregation, should have the disposal and application of 
the public money raised by said congregation, to the uses for which it 
was designed; provided that they leave in the hands and to the manage- 
ment of the deacons what is collected for the Lord's table and the poor. 
And that ministers of the Gospel, by virtue of their office, have no 
right to sit with or preside over such trustees or Committees. — 1752, p. 
249. 
[Note. — See Form of Government, Chap, vi.] 

5. Control of trustees over a house of worship. 

Supposing that a musical convention desire the use of the church for 
its sessions and exhibition; can the Board of Trustees give the use of 
the house of worship for that purpose without the consent of the Session ? 

Resolved, That the trustees of a church hold the property for religious 
purposes; and their legal rights are only to be determined by the State 
laws and charters under which they act as custodians of the church. 
Still, they have no moral right to convert the house of God into a place 
of business or amusement. — 1860, pp. 53, 54, O. S. 

6, Respective rights of trustees and Session in controlling the use of 
church property. 

a. Overture, being a request from the Presbytery of Cincinnati, that 
the Assembly define the respective rights of the trustees and Session in 
the control of the edifice used for public worship, and direct what steps 
be taken in case of disagreement or collision between them, with a report 
thereon as follows: 

Where a church edifice is held by trustees, the legal title is vested in 
them : and having the title, the custody and care of the property pertains 
to them, for the uses and purposes for which they hold the trust. These 
uses and purposes are the worship of God, and the employment of such 
other means of spiritual improvement as may be consistent with the 
Scriptures, and according to the order of the Church: to which may be 
added, congregational meetings for business relating to the church or 
corporation. By the Constitution of the Church, the Session is charged 
with the supervision of the spiritual interests of the congregation ; and 
this includes the right to direct and control the use of the building for 
the purposes of worship, as required or established by the special usage 
of the particular church, or the Directory for Worship. This being the 
principal purpose of the trust, the trustees are bound to respect the 
wishes and action of the Session as to the use and occupation of the 
house of worship. The Session is the organ or agent through whom the 
trustees are informed how and when the church building is to be occu- 
pied; and the trustees have no right to refuse compliance with the 
action of the Session in this regard. These are general principles appli- 
cable to all cases, except, perhaps, in some localities where special statu- 
tory enactments by competent authority may confer other rights, or 
prescribe other duties. 

But there are other purposes for which the use of the church edifice is 
sometimes desired, which, though they partake of a religious or intel- 
lectual character, do not fall within the class of objects which are prop- 
erly described as belonging to the worship of that congregation. The 
house may not be used for such purposes without the consent of the 
trustees; and this consent they may properly, in their discretion, refuse. 



124 FORM OF GOVERNMENT, CHAP II. 

As the function to determine what is a proper use of the house is vested 
in the Session, the trustees have no legal right to grant the use' of it 
for purposes which the Session disapprove. And as the strict rights of 
those who are represented by the Session to the use of the house are 
limited to the worship of that congregation, the trustees are under no 
obligation to grant it for any other purpose. 

When the trustees grant the use of the house to others, contrary to 
the expressed wishes of the Session, and, as they suppose, to the preju- 
dice of the cause of religion and of that church, the proper appeal is, 
first, to the persons composing the congregation to whom the trustees 
are responsible; secondly, to the Presbytery, for their advice; and 
finally, if necessary, to the legal tribunals. 

The report was accepted and adopted. — 1863, pp. 43, 44, 0. S. See 
1874, p. 84. 

b. The commissioners from the Presbytery of Wilmington have been 
instructed to ask information of the Assembly on the following points : 

1. Who are voters in an election for trustees of a church ? 

2. Who have power to call a meeting for the election of trustees of 
a church ? 

3. Who have power to close and hold possession of a church — the 
trustees or the Session ? 

The Committee reported: 

1. That the questions asked are wholly legal questions, to be deter- 
mined by the local laws, relating to church property, in the State where 
the church lies. 

2. That, in the absence of any statutory law relating to the mode in 
which trustees shall proceed, the by-laws of the corporation shall govern 
the mode of proceeding. 

3. That in the absence of any specific rules of proceedings, the gen- 
eral principle of law, that the trust shall be executed for the sole use of 
those for whom it is held, shall govern the case. 

The report was adopted.— 1864, p. 478, N. S. 

C. On the respective rights of Sessions and boards of trustees in 
regard to church and Sabbath-school property, the Committee recommend 
the adoption of the following, viz. : 

1. That the Constitution of our Church charges the Session with the 
supervision of the spiritual interests of the congregation, and all services 
and matters pertaining thereto; and that any action, by the board of 
trustees, unauthorized by the congregation, tending to annul or contra- 
vene in any way such supervision and control, is illegal and void. 

2. That, as regards the church building, Sabbath-school, and lecture- 
room, the trustees have no right to grant or withhold the use of either, 
against the wishes or consent of the Session. — 1874, p. 84. 

[Note. — Confirmed in answer to the Presbytery of Bloomington, 1891, p. 187. See 
under Form of Government, Chap, ix, Sec. vi.] 

7. Trustees and congregational meetings. 

Overture from the Presbytery of Chester, asking: 

(1) Should not all special congregational meetings (i. e., such meet- 
ings as are not required by charter for the election of trustees, etc. ) be 
called by order of the Session, or, if by trustees, at least subject to the 
approval of the Session ? 



OF THE CHURCH. 125 

(2) Is a church charter which precludes the Session from calling such 
meetings consistent with our Constitution ? 

Your Committee would recommend as an answer to this Overture, 
that the decision of the Supreme Court, quoted in the Minutes of the 
General Assembly, O. S., 1863, p. 43; 1872, pp. 177-190, Appendix, 
has settled the question that in the use of the property of the church for 
all religious purposes or ecclesiastical uses, the trustees are under the 
control of the Session. The General Assembly has also declared that 
in any case of conflict between the Session and trustees the first appeal 
is to be taken to the people composing the congregation, and, if neces- 
sary, then to the civil tribunals. But your Committee recommend that 
no answer further is possible to this Overture without inspection of the 
articles of incorporation of the particular church, and some knowledge 
of the laws of the State under which such charter is granted. — 1892, 
p. 189. 

8. In the use of the property for all religious services or ecclesiastical 
purposes, the trustees are under the control of the Session. 

[The following extract from the decision of the Supreme Court of the 
United States, in the Walnut Street Church case, Louisville, Ky., is 
inserted by order of the General Assembly, and answers clearly and 
authoritatively many of the questions asked above. See the whole 
decision, No. 9 below.] 

" One or two propositions, which seem to admit of no controversy, 
are proper to be noticed in this connection. 1. Both by the act of the 
Kentucky Legislature, creating the trustees of the church a body 
corporate, and by the acknowledged rules of the Presbyterian Church, 
the trustees were the mere nominal title-holders and custodians of the 
church property ; and other trustees were or could be elected by the con- 
gregation, to supply their places, once in every two years. 2. That in 
the use of the property for all religious services or ecclesiastical purposes, 
the trustees were under the control of the church Session. 3. That by 
the constitution of all Presbyterian churches, the Session, which is the 
governing body in each, is composed of the ruling elders and pastor; 
and in all business of the Session a majority of its members govern, the 
number of elders for each congregation being variable. 

' ' The trustees obviously hold possession for the use of the persons who, 
by the constitution, usages and laws of the Presbyterian body, are 
entitled to that use. They are liable to removal by the congregation for 
whom they hold this trust; and others may be substituted in their 
places. They have no personal ownership or right beyond this, and are 
subject, in their official relations to the property, to the control of the 
Session of the church. 

" The possession of the elders, though accompanied with larger and 
more efficient powers of control, is still a fiduciary possession. It is as a 
Session of the church alone that they could exercise power. Except by 
an order of the Session in regular meeting, they have no right to make 
any order concerning the use of the building; and any action of the 
Session is necessarily in the character of representatives of the church 
body by whose members it was elected. 

" If, then, this true body of the church — the members of that con- 
gregation — having rights of user in the building, have in a mode which 
is authorized by the canons of the general Church in this country elected 



126 FORM OF GOVERNMENT, CHAP. II. 

and installed other elders, it does not seem to us inconsistent or at vari- 
ance with the nature of the possession which we have described, and 
which the Chancery Court orders to be restored to the defendants, that 
they should be compelled to recognize these rights, and permit those who 
are the real beneficiaries of the trust held by them to enjoy the uses to 
protect which that trust was created." — U. S. Supreme Court, Watson 
vs. Jones, 13 Wallace, 679. 

9. Decision of the United States Supreme Court in the Case of the 
Walnut Street Presbyterian Church, Louisville, Ky. 

[Note. — Printed by order of the Assembly, Minutes, 1873, p. 480.] 

John Watson et al. vs. William A. Jones et al. 

[1. Where the pendency of prior suit is set up to defeat another, the 
case must be the same; there must be the same parties, or at least such 
as represent the same interest; there must be the same rights asserted 
and the same relief prayed for. 

2. Where the subject-matter of dispute is strictly and purely ecclesi- 
astical in its character, a matter which concerns theological controversy, 
church discipline, ecclesiastical government, or the conformity of the 
members of the church to the standard of morals required of them, and 
the ecclesiastical courts claim jurisdiction, the civil courts will not 
assume jurisdiction; they will not even inquire into the right of juris- 
diction of the ecclesiastical court. 

3. A spiritual court is the exclusive judge of its own jurisdiction ; its 
decision of that question is binding on the secular courts.] 

Appeal from the Circuit Court of the United States for District of 
Kentucky. 

Opinion by Miller, J. 

This case belongs to a class, happily rare in our courts, in which one of 
the parties to a controversy, essentially ecclesiastical, resorts to the 
judicial tribunals of the State for the maintenance of the rights which 
the Church has refused to acknowledge, or found itself unable to pro- 
tect. Much as such dissensions among the members of a religious society 
should be regretted — a regret which is increased when, passing from the 
control of the judicial and legislative bodies of the entire organization 
to which the society belongs, an appeal is made to the secular authority 
— the courts when so called on must perform their functions as in other 
cases. 

Eeligious organizations come before us in the same attitude as other 
voluntary associations for benevolent or charitable purposes, and their 
rights of property, or of contract, are equally under the protection of 
the law, and the actions of their members subject to its restraints. Con- 
scious as we may be of the excited feeling engendered by this contro- 
versy, and of the extent to which it has agitated the intelligent and 
pious body of Christians in whose bosom it originated, we enter upon its 
consideration with the satisfaction of knowing that the principles on 
which we are to decide so much of it as is proper for our decision are 
those applicable alike to all of its class, and that our duty is the simple 
one of applying those principles to the facts before us. 

It is a bill in chancery in the Circuit Court of the United States for 
the District of Kentucky, brought by William A. Jones, Mary J. Jones 
and Ellenor Lee, citizens of Indiana, against John Watson and others 



OP THE CHURCH. 127 

named, citizens of Kentucky, and against the trustees of the Third or 
Walnut Street Presbyterian Church, in Louisville, a corporation created 
by an act of the Legislature of that State. The trustees, McDougall, 
McPherson and Ashcraft, are also sued as citizens of Kentucky. Plain- 
tiffs allege in their bill that they are members in good and regular 
standing of said church, attending its religious exercises under the 
pastorship of the Rev. John S. Hays, and that the defendants, George 
Fulton and Henry Farley, who claim without right to be trustees of the 
church, supported and recognized as such by the defendants, John 
Watson and Joseph Gault, who also without right claim to be ruling 
elders, are threatening, preparing and about to take unlawful possession 
of the house of worship and grounds belonging to the church, and to 
prevent Hays, who is the rightful pastor, from ministering therein, 
refusing to recognize him as pastor, and to recognize as ruling elder 
Thomas J. Hackney, who is the sole lawful ruling elder ; and that, when 
they obtain such possession, they will oust Hays and Hackney and those 
who attend their ministrations, among whom are complainants. 

And they further allege that Hackney, whose duty it is as elder, and 
McDougall, McPherson and Ashcraft, whose duty as trustees it is to 
protect the rights thus threatened, by such proceeding in the courts as 
will prevent the execution of the threats and designs of the other defen- 
dants, refuse to take any steps to that end. 

They further allege that the Walnut Street Church, of which they 
are members, now forms, and has, ever since its organization in the year 
1842, formed, a part of the Presbyterian Church in the United States 
of America, known as the Old School, which is governed by a written 
constitution that includes the Confession of Faith, Form of Government, 
Book of Discipline and Directory for Worship, and that the governing 
bodies of the general Church, above the Walnut Street Church, are, in 
successive order, the Presbytery of Louisville, the Synod of Kentucky 
and the General Assembly of the Presbyterian Church in the United 
States. That while plaintiffs and about one hundred and fifteen members 
who worship with them, and Mr. Hays, the pastor, Hackney, the ruling 
elder, and the trustees, McDougall, McPherson and Ashcraft, are now 
in full membership and relation with the lawful general Presbyterian 
Church aforesaid, the defendants named, with about thirty persons 
formerly members of said church, worshiping under one Dr. Yandell as 
pastor, have seceded and withdrawn themselves from said Walnut Street 
Church, and from the general Presbyterian Church in the United States, 
and have voluntarily connected themselves with, and are now members 
of, another religious society, and that they have repudiated, and do now 
repudiate and renounce, the authority and jurisdiction of the various 
judicatories of the Presbyterian Church in the United States, and 
acknowledge and recognize the authority of other church judicatories 
which are disconnected from the Presbyterian Church in the United 
States and from the Walnut Street Church. And they allege that 
Watson and Gault have been, by order of the General Assembly of said 
church, dropped from the roll of elders of said church for having so 
withdrawn and renounced its jurisdiction, and the Assembly has declared 
the organization to which plaintiffs adhere to be the true and only 
Walnut Street Presbyterian Church of Louisville. 

They pray for an injunction and for general relief. 

The defendants, Hackney, McDougall, McPherson and Ashcraft, 



128 FORM OF GOVERNMENT, CHAP. II. 

answer, admitting the allegations of the bill, and that, though requested, 
they had refused to prosecute legal proceedings in the matter. 

The other defendants answer and deny almost every allegation in the 
bill. They claim to be lawful officers of the Walnut Street Presbyterian 
Church, and that they and those whom they represent are the true mem- 
bers of the church. They deny having withdrawn from the local or the 
general church, and deny that the action of the General Assembly 
cutting them off was within its constitutional authority. They say the 
plaintiffs are not, and never have been, lawfully admitted to membership 
in the Walnut Street Church, and have no such interest in it as will 
sustain this suit, and they set up and rely upon a suit still pending in the 
Chancery Court of Louisville, which they say involves the same subject- 
matter, and is between the same parties in interest as the present suit. 
They allege that in that suit they have been decreed to be the only true 
and lawful trustees and elders of the Walnut Street Church, and an 
order has been made to place them in possession of the church property, 
which order remains unexecuted, and the property is still in the posses- 
sion of the marshal of that court as its receiver. These facts are relied 
on in bar to the present suit. 

This statement of the pleadings is indispensable to an understanding of 
the points arising in the case. So far as an examination of the evidence 
may be necessary, it will be made as it is required in the consideration 
of these points. 

The first of these concerns the jurisdiction of the Circuit Court, which 
is denied; first, on the ground that the plaintiffs have no such interest in 
the subject of litigation as will enable them to maintain the suit, and, 
secondly, on matters arising out of the alleged proceedings in the suit in 
the Chancery Court of Louisville. 

The allegation that plaintiffs are not lawful members of the Walnut 
Street Church is based upon the assumption that their admission 
as members was by a pastor and elders who had no lawful authority 
to act as such. As the claim of those elders to be such is one 
of the matters which this bill is brought to establish, and the denial of 
which makes an issue to be tried, it is obvious that the objection to the 
interest of plaintiffs must stand or fall with the decision on the merits, 
and cannot be decided as a preliminary question. Their right to have 
this question decided, if there is no other objection to the jurisdiction, 
cannot be doubted. Some attempt is made, in the answer, to question 
the good faith of their citizenship, but this seems to have been aban- 
doned in the argument. 

In regard to the suit in the Chancery Court of Louisville which the 
defendants allege to be pending, there can be no doubt but that court is 
one competent to entertain jurisdiction of all the matters set up in the 
present suit. As to those matters, and to the parties, it is a court of con- 
current jurisdiction with the Circuit Court of the United States, and as 
between those courts the rule is applicable that the one which has first 
obtained jurisdiction in a given case must retain it exclusively until it 
disposes of it by a final judgment or decree. 

But when the pendency of such a suit is set up to defeat another, the 
case must be the same. There must be the same parties, or at least such 
as represent the same interest, there must be the same rights asserted and 
the same relief prayed for. This relief must be founded on the same 
facts, and the title or essential basis of the relief sought must be the same. 



OF THE CHURCH. 129 

The identity in these particulars should be such that, if the pending 
case had already been disposed of, it could be pleaded in bar as a former 
adjudication of the same matter between the same parties. 

In the case of Barrow vs. Kindred, 4 Wallace, 397, which was an 
action of ejectment, the plaintiff showed a good title to the land, and 
defendant relied on a former judgment in his favor, between the same 
parties for the same land, the statute of Illinois making a judgment in 
such an action as conclusive as in other personal actions, except by way 
of new trial. But this court held that, as in the second suit, plaintiff 
introduced and relied upon a new and different title, acquired since the 
first trial, that judgment could be no bar, because that title had not been 
passed upon by the court in the first suit. 

But the principles which should govern in regard to the identity of 
the matters in issue in the two suits, to make the pendency of the one to 
defeat the other, are as fully discussed in the case of Buck vs. Colbath, 
3 Wallace, 334, where that was the main question, as in any case we 
have been able to find. It was an action of trespass, brought in a 
State court, against the marshal of the Circuit Court of the United 
States for seizing property of plaintiff, under a writ of attachment from 
the Circuit Court. And it w T as brought while the suit in the Federal 
Court was still pending, and while the marshal held the property subject 
to its judgment. So far as the lis pendens and possession of the prop- 
erty in one court, and a suit brought for the taking by its officer in 
another, the analogy to the present case is very strong. In that case the 
court said : ' ' It is not true that a court, having obtained jurisdiction of 
a subject-matter of suit, and of parties before it, thereby excludes all 
other courts from the right to adjudicate upon other matters having a 
very close connection with those before the first court, and in some 
instances requiring the decision of the same question exactly. In exam- 
ining into the exclusive character of the jurisdiction in such cases, we 
must have regard to the nature of the remedies, the character of the 
relief sought, and the identity of the parties in the different suits." 
And it might have been added, to the facts on which the claim for relief 
is founded. 

"A party," says the court, by way of example, " having notes 
secured by a mortgage on real estate, may, unless restrained by statute, 
sue in a court of chancery to foreclose his mortgage, and in a court of 
law to recover a judgment on his note, and in another court of law in an 
action of ejectment for possession of the land. Here, in all the suits, 
the only question at issue may be the existence of the debt secured by 
the mortgage. But as the relief sought is different, and the mode of 
proceeding different, the jurisdiction of neither court is affected by the 
proceedings in the other. ' ' This opinion contains a critical review of 
the cases in this court of Hagan vs. Lucas, 10 Peters, 402; Peck vs. 
Jenness, 7 How., 624; Taylor vs. Carry, 20 How., 594; and Freeman 
vs. Howe, 24 How., 450, cited and relied on by counsel for appellants; 
and we are satisfied it states the doctrine correctly. 

The limits which necessity assigns to this opinion forbid our giving at 
length the pleadings in the case in the Louisville Chancery Court. But 
we cannot better state what is and what is not the subject-matter of that 
suit or controversy, as thus presented and as shown throughout its course, 
than by adopting the language of the Court of Appeals of Kentucky, in 
its opinion delivered at the decision of that suit in favor of the present 



130 FOEM OF GOVERNMENT, CHAP. II. 

appellants. ' ' As suggested in argument, ' ' says the court, ' ' and appar- 
ently conceded on both sides, this is not a case of division or schism in a 
church, nor is there any question as to which of two bodies should be 
recognized as the Third or Walnut Street Presbyterian Church. Neither 
is there any controversy as to the authority of Watson and Gault to act 
as ruling elders, but the sole inquiry to which we are restricted in our 
opinion is whether Avery, McNaughton and Leech are also ruling elders, 
and therefore members of the Session of the church. ' ' 

The summary which we have already given of the pleadings in the 
present suit shows conclusively a different state of facts, different issues 
and a different relief sought. This is a case of division or schism in the 
church. It is a question as to which of two bodies shall be recognized 
as the Third or Walnut Street Presbyterian Church. There is a con- 
troversy as to the authority of Watson and Gault to act as ruling elders, 
that authority being denied in the bill of complainants, and so far from 
the claim of Avery, McNaughton and Leech to be ruling elders being 
the sole inquiry in this case, it is a very subordinate matter, and it 
depends upon facts and circumstances altogether different from those set 
up and relied on in the other suit, and which did not exist when it was 
brought. The issue here is no longer a mere question of eldership, but 
it is a separation of the original church members and officers into two 
distinct bodies, with distinct members and officers, each claiming to be 
the true Walnut Street Presbyterian Church, and denying the right of 
the other to any such claim. 

This brief statement of the issues in the two suits leaves no room for 
argument to show that the pendency of the first cannot be pleaded either 
in bar or in abatement of the second. 

The supplementary petition filed by plaintiffs in that case, after the 
decree of the Chancery Court had been reversed on appeal, and which 
did contain very much the same matter found in the present bill, was, 
on motion of plaintiff's counsel, and by order of the court, dismissed, 
without prejudice, before this suit was brought, and of course was not a 
lis peyidens at that time. 

It is contended, however, that the delivery, to the trustees and elders 
of the body of which plaintiffs are members, of the possession of the 
church building, cannot be granted in this suit, nor can the defendants 
be enjoined from taking possession as prayed in the bill, because the 
property is in the actual possession of the marshal of the Louisville 
Chancery Court as its receiver, and because there is an unexecuted 
decree of that court ordering the marshal to deliver the possession to 
defendants. 

In this the counsel for appellants are, in our opinion, sustained, both 
by the law and the state of the record of the suit in that court. 

The court, in the progress of that suit, made several orders concerning 
the use of the church, and finally placed it in the possession of the 
marshal as a receiver, and there is no order discharging his receivership; 
nor does it seem to us that there is any valid order finally disposing of 
the case so that it can be said to be no longer in that court. For though 
the Chancery Court did, on the 20th of March, 1867, after the. reversal 
of the case in the Court of Appeals, enter an order reversing its former 
decree and dismissing the bill, with costs, in favor of the defendants, the 
latter, on application to the appellate court, obtained another order dated 
June 26. By this order or mandate to the Chancery Court it was 



OF THE CHURCH. 131 

directed to render a judgment in conformity to the opinion and mandate 
of the court, restoring possession, use and control of the church property 
to the parties entitled thereto according to said opinion, and so far as 
they were deprived thereof by the marshal of the Chancery Court under 
its order. 

In obedience to this mandate, the Chancery Court, on the 18th of 
September, three months after the commencement of this suit, made an 
order that the marshal restore the possession, use and control of the 
church building to Henry Farley, George Fulton, B. F. Avery, or a 
majority of them, as trustees, and to John Watson, Joseph Gault and 
Thomas J. Hackney, or a majority of them, as ruling elders, and to 
report how he had executed the order, and reserving the case for such 
further order as might be necessary to enforce full obedience. 

It is argued here by counsel for appellees that the case was, in effect, 
disposed of by the order of the Chancery Court, and nothing remained to 
be done which could have any practical operation on the rights of the 
parties. 

But if the Court of Appeals, in reversing the decree of the chancellor 
in favor of plaintiffs, was of opinion that the defendants should be 
restored to the position they occupied in regard to the possession and 
control of the property before that suit began, we have no doubt of their 
right to make such order as was necessary to effect that object ; and as 
the proper mode of doing this was by directing the chancellor to make 
the necessary order and have it enforced as chancery decrees are enforced 
in his court, we are of opinion that the order of the Court of Appeals 
above recited was, in essence and effect, a decree in that cause for such 
restoration, and that the last order of the Chancery Court, made in 
accordance with it, is a valid subsisting decree, which, though final, is 
unexecuted. 

The decisions of this court in the cases of Taylor vs. Carryl, 20 How. , 
594, and Freeman vs. Howe, 24 How., 450, and Burk vs. Colbath, 5 
Wallace, are conclusive that the marshal of the Chancery Court cannot 
be displaced as to the mere actual possession of the property, because 
that might lead to a personal conflict between the officers of the two 
courts for that possession. And the act of Congress of March 2, 1793, 
1 IT. S. Statute, 334, § 5, as construed in the cases of Diggs vs. Walcott, 
4 Cranch, 129, and Peck vs. Jenness, 7 How., 625, are equally conclu- 
sive against any injunction from the circuit court forbidding the defen- 
dants to take the possession which the unexecuted decree of the Chancery 
Court requires the marshal to deliver to them. 

But though the prayer of the bill in this suit does ask for an injunc- 
tion to restrain Watson, Gault, Fulton and Farley from taking possession, 
it also prays such other and further relief as the nature of the case 
requires, and especially that said defendants be restrained from inter- 
fering with Hays, as pastor, and plaintiffs in worshiping in said church. 
Under this prayer for general relief, if there was any decree which the 
Circuit Court could render for the protection of the right of plaintiffs, 
and which did not enjoin the defendants from taking possession of the 
church property, and which did not disturb the possession of the marshal 
of the Louisville Chancery, that court had a right to hear the case and 
grant that relief. This leads us to inquire what is the nature and char- 
acter of the possession to which those parties are to be restored. 

One or two propositions, which seem to admit of no controversy, are 



132 FORM OF GOVERNMENT, CHAP. II. 

proper to be noticed in this connection. 1 . Both by the act of the 
Kentucky Legislature creating the trustees of the church a body corpo- 
rate, and by the acknowledged rules of the Presbyterian Church, the 
trustees were the mere nominal title-holders and custodians of the church 
property, and other trustees were or could be elected by the congregation 
to supply their places once in every two years. 2. That in the use of 
the property for all religious services or ecclesiastical purposes, the 
trustees were under the control of the church Session. 3. That by the 
constitution of all Presbyterian churches, the Session, which is the 
governing body in each, is composed of the ruling elders and pastor, and 
in all business of the Session a majority of its members govern, the 
number of elders for each congregation being variable. 

The trustees obviously hold possession for the use of the persons who, 
by the constitution, usages and laws of the Presbyterian body, are 
entitled to that use. They are liable to removal by the congregation for 
whom they hold this trust, and others may be substituted in their places. 
They have no personal ownership or right beyond this, and are subject, 
in their official relations to the property, to the control of the Session of 
the church. 

The possession of the elders, though accompanied with larger and 
more efficient powers of control, is still a fiduciary possession. It is as a 
Session of the church alone that they could exercise power. Except by 
an order of the Session in regular meeting, they have no right to make 
any order concerning the use of the building, and any action of the 
Session is necessarily in the character of representatives of the church 
body by whose members it was elected. 

If, then, this true body of the church — the members of that congre- 
gation — having rights of user in the building, have, in a mode which is 
authorized by the canons of the general Church in this country, elected 
and installed other elders, it does not seem to us inconsistent or at vari- 
ance with the nature of the possession which we have described, and 
which the Chancery Court orders to be restored to the defendants, that 
they should be compelled to recognize these rights, and permit those who 
are the real beneficiaries of the trust held by them, to enjoy the uses, to 
protect which that trust was created. Undoubtedly, if the order of the 
Chancery Court had been executed, and the marshal had delivered the 
key of the church to defendants, and placed them in the same position 
they were before that suit was commenced, they could in any court 
having jurisdiction, and in a case properly made out, be compelled to 
respect the rights we have stated, and be controlled in their use of the 
possession by the court, so far as to secure those rights. 

All that we have said, in regard to the possession which the marshal is 
directed to deliver to defendants, is equally applicable to the possession 
held by him pending the execution of that order. His possession is a 
substitute for theirs, and the order under which he receives that posses- 
sion, which we have recited, shows this very clearly. 

The decree which we are now reviewing seems to us to be carefully 
framed on this view of the matter. While the rights of plaintiffs and 
those whom they sue for are admitted and established, the defendants 
are still recognized as entitled to the possession which we have described; 
and while they are not enjoined from receiving that possession from the 
marshal, and he is not restrained from obeying the Chancery Court by 
delivering it, and while there is no order made on the marshal at all to 



OF THE CHURCH. 133 

interfere with his possession, the defendants are required by the decree to 
respect the rights of plaintiffs, and to so use the possession and con- 
trol to which the} r may be restored as not to hinder or obstruct the true 
uses of the trust which that possession is intended to protect. 

We are next to inquire whether the decree thus rendered is based upon 
an equally just view of the law as applied to the facts of this controversy. 
These, though making up a copious record of matter by no means 
pleasant reading to the sincere and thoughtful Christian philanthropist, 
may be stated with a reasonable brevity, so far as they bear upon the 
principles which must decide the case. 

From the commencement of the late war of the insurrection to its close 
the General Assembly of the Presbyterian Church at its annual meetings 
expressed, in declaratory statements or resolutions, its sense of the obliga- 
tion of all good citizens to support the Federal Government in that 
struggle; and when, by the proclamation of President Lincoln, emanci- 
pation of the slaves of the States in insurrection was announced, that 
body also expressed views favorable to emancipation and adverse to the 
institution of slavery. And at its meeting in Pittsburg in May, 1865, 
instructions were given to the Presbyteries, the Board of Missions, and 
to the Sessions of the churches, that when any persons from the Southern 
States should make application for employment as missionaries, or for 
admission as members or ministers of churches, inquiry should be made 
as to their sentiments in regard to loyalty to the government and on the 
subject of slavery; and if it was found that they had been guilty of 
voluntarily aiding the war of the rebellion, or held the doctrine an- 
nounced by the large body of the churches in the insurrectionary States, 
which had organized a new General Assembly that " the system of 
Negro slavery in the South is a divine institution, and that it is the 
peculiar mission of the Southern Church to conserve that institution, ' ' 
they should be required to repent and forsake these sins before they could 
be received. 

In the month of September thereafter, the Presbytery of Louisville, 
under whose immediate jurisdiction was the Walnut Street Church, 
adopted and published in pamphlet form what it called a " Declaration 
and Testimony against the erroneous and heretical doctrines and practices 
which have obtained and been propagated in the Presbyterian Church of 
the United States during the last five years. ' ' 

This declaration denounced, in the severest terms, the action of the 
General Assembly in the matters we have just mentioned, declared their 
intention to refuse to be governed by that action, and invited the cooper- 
ation of all members of the Presbyterian Church who shared the senti- 
ments of the declaration in a concerted resistance to what they called the 
usurpation of authority by the Assembly. 

It is useless to pursue the history of this controversy further with 
minuteness. 

The General Assembly of 1866 denounced the Declaration and Testi- 
mony, and declared that every Presbytery which refused to obey its 
order should be ipso facto dissolved, and called to answer before the next 
General Assembly, giving the Louisville Presbytery an opportunity for 
repentanceand conformity. The Louisville Presbytery divided, and the 
adherents of the Declaration and Testimony sought and obtained admis- 
sion, in 1868, into " The Presbyterian Church of the Confederate States," 
of which we have already spoken as having several years previously 



134 FORM OF GOVERNMENT, CHAP. II 

withdrawn from the General Assembly of the United States and set up 
a new organization. 

We cannot better state the results of these proceedings upon the 
relations of the church organizations and members, to each other and to 
this controversy, than in the language of the brief of appellants' coun- 
sel in this court. 

In January, 1866, the congregation of the Walnut Street Church 
became divided in the manner stated above, each claiming to constitute 
the church, although the issue as to membership was not distinctly made 
in the chancery suit of Avery vs. Watson. Both parties at this time 
recognized the same superior church judicatories. 

On the 19th of June, 1866, the Synod of Kentucky became divided, 
the opposing parties in each claiming to constitute respectively the true 
Presbytery and the true Synod, each meanwhile recognizing and claiming 
to adhere to the same General Assembly. Of these contesting bodies 
the appellants adhered to one, the appellees to the other. 

On the 1st of June, 1867, the Presbytery and Synod recognized by 
the appellants were declared by the General Assembly to be " in no 
sense a true and lawful Synod and Presbytery in connection with and 
under the care and authority of the General Assembly of the Presbyte- 
rian Church in the United States of America, ' ' and were permanently 
excluded from connection with or representation in the Assembly. By 
the same resolution the Synod and Presbytery adhered to by appellees were 
declared to be the true and lawful Presbytery of Louisville and Synod 
of Kentucky. 

The Synod of Kentucky, thus excluded, by a resolution adopted the 
28th of June, 1867, declared " that in its future action it will be gov- 
erned by this recognized sundering of all its relations to the aforesaid 
revolutionary body (the General Assembly) by the acts of that body 
itself." The Presbytery took substantially the same action. 

In this final severance of Presbytery and Synod from the General 
Assembly, the appellants and appellees continued to adhere to those 
bodies at first recognized by them respectively. 

In the earliest stages of this controversy it was found that a majority 
of the members of the Walnut Street Church concurred with the action 
of the General Assembly, while Watson and Gault as ruling elders, 
and Fulton and Farley as trustees, constituting, in each case, a majority 
of the Session and of the trustees, with Mr. McElroy, the pastor, 
sympathized with the party of the Declaration and Testimony of the 
Louisville Presbytery. This led to efforts by each party to exclude the 
other from participation in the Session of the church and the use of the 
property. This condition of affairs being brought before the Synod of 
Kentucky before any separation, that body appointed a Commission to 
hold an election, by the members of the Walnut Street Church, of three 
additional ruling elders. Watson and Gault refused to open the church 
for the meeting to hold its election, but the majority of the members of 
the congregation, meeting on the sidewalk in front of the church, organ- 
ized and elected Avery, Leech and McNaughton additional ruling elders, 
who, if lawful elders, constituted, with Mr. Hackney, a majority of the 
Session. Gault and Watson, Farley and Fulton, refused to recognize 
them as such, and hence the suit in the Chancery Court of Louisville, 
which turned exclusively on that question. 

The newly elected elders and the majority of the congregation have 



OF THE CHURCH. 135 

adhered to, and been recognized by, the General Assembly as the regular 
and lawful Walnut Street Church and officers, and Gault and Watson 
Fulton, Farley and a minority of the members, have cast their fortunes 
with those who adhered to the Declaration and Testimony party. 

The division and separation finally extended to the Presbytery of 
Louisville and the Synod of Kentucky. It is now complete and appar- 
ently irreconcilable, and we are called upon to declare the beneficial uses 
of the church property, in this condition of total separation between the 
members of what was once a united and harmonious congregation of the 
Presbyterian Church. 

The questions which have come before the civil courts concerning the 
rights to property held by ecclesiastical bodies may, so far as we have 
been able to examine them, be profitably classified under three general 
heads, which, of course, do not include cases governed by considerations 
applicable to a Church established and supported by law as the religion 
of the State: 

1. The first of these is when the property which is the subject of con- 
troversy has been, by the deed or will of the donor, or other instrument 
by which the property is held by the express terms of the instrument, 
devoted to the teaching, support or spread of some specific form of 
religious doctrine or belief. 

2. The second is when the property is held by a religious congregation 
which, by the nature of its organization, is strictly independent of other 
ecclesiastical associations, and so far as church government is concerned 
owes no fealty or obligation to any higher authority. 

3. The third is where the religious congregation or ecclesiastical body 
holding the property is but a subordinate member of some general 
Church organization, in which there are superior ecclesiastical tribunals, 
with a general and ultimate power of control, more or less complete, in 
some supreme judicatory, over the whole membership of that general 
organization. 

In regard to the first of these classes, it seems hardly to admit of a 
rational doubt that an individual or an association of individuals may 
dedicate property by way of trust to the purpose of sustaining, support- 
ing and propagating definite religious doctrines or principles, provided 
that in doing so they violate no law of morality, and give to the instru- 
ment by which their purpose is evidenced the formalities which the laws 
require. And it would seem also to be the obvious duty of the court, in 
a case properly made, to see that the property so dedicated is not diverted 
from the trust which is thus attached to its use. So long as there are 
persons qualified within the meaning of the original dedication, and who 
are also willing to teach the doctrines or principles prescribed in the act 
of dedication, and *so long as there is any one so interested in the execu- 
tion of the trust as to have a standing in court, it must be that they can 
prevent the diversion of the property or fund to other and different uses. 
This is the general doctrine of courts of equity as to charities, and it 
seems equally applicable to ecclesiastical matters. 

In such case, if the trust is confided to a religious congregation of the 
Independent or Congregational form of church government, it is not in 
the power of the majority of that congregation, however preponderant, 
by reason of a change of views on religious subjects, to carry the prop- 
erty so confided to them to the support of new and conflicting doctrine. 
A pious man, building and dedicating a house of worship to the sole and 



136 FORM OF GOVERNMENT, CHAP. IL 

exclusive use of those who believe in the doctrine of the Holy Trinity, 
and placing it under the control of a congregation which at the time 
holds the same belief, has a right to expect that the law will prevent that 
property from being used as a 'means of support and dissemination of 
the Unitarian doctrine and as a place of Unitarian worship. Nor is the 
principle varied when the organization to which the trust is confided is of 
the second or associated form of church government. The protection 
which the law throws around the trust is the same. 

And though the task may be a delicate one and a difficult one, it will 
be the duty of the court in such cases, when the doctrine to be taught or 
the form of worship to be used is definitely and clearly laid down, to 
inquire whether the party accused of violating the trust is holding or 
teaching a different doctrine or usiug a form of worship which is so far 
variant as to defeat the declared objects of the trust. In the leading 
case on this subject in the English courts, of the Attorney General vs. 
Pearson, 3 Merrivale, 353, Lord Eldon said, " I agree with the defen- 
dants that the religious belief of the parties is irrelevant to the matters 
in dispute, except so far as the king's court is called upon to execute the 
trust. ' ' This was a case in which the trust deed declared the house 
which was erected under it was for the worship and service of God. And 
though we may not be satisfied with the very artificial and elaborate 
argument by which the chancellor arrives at the conclusion — that because 
any other view of the nature of the Godhead than the Trinitarian view 
was heresy by the laws of England, and any one giving expression to 
the Unitarian view was liable to be severely punished for heresy by the 
secular courts, at the time the deed was made, that the trust was, there- 
fore, for Trinitarian worship — we may still accept the statement that the 
court has the right to enforce a trust clearly defined on such a subject. 

The case of Miller vs. Gable, 2 Denio, 492, appears to have been 
decided in the Court of Errors of New York on this principle, so far as 
any ground of decision can be gathered from the opinions of the majority 
of the court as reported. 

The second class of cases which we have described has reference to the 
case of a church of a strictly congregational or independent organization, 
governed solely within itself either by a majority of its members or by 
such other local organism as it may have instituted for the purpose of 
ecclesiastical government; and to property held by such a church, eilher 
by way of purchase or donation, with no other specific trust attached to 
it in the hands of the church, than that it is for the use of that congre- 
gation as a religious society. In such cases, where there is a schism 
which leads to a separation into distinct and conflicting bodies, the rights 
of such bodies to the use of the property must be determined by the 
ordinary principles which govern voluntary associations. If the principle 
of government in such cases is that the majority rules, then the numeri- 
cal majority of members must control the right to the use of the 
property. If there be within the congregation officers in whom are 
vested the powers of such control, then those who adhere to the acknowl- 
edged organism by which the body is governed are entitled to the use of 
the property. 

The minority, in choosing to separate themselves into a distinct body, 
and refusing to recognize the authority of the governing body, can claim 
no rights in the property from the fact that they had once been members 
of the church or congregation. 



OF THE CHURCH. 137 

This ruling admits of no inquiry into the existing religious opinions of 
those who comprise the legal or regular organization; for if such was 
permitted, a very small minority, without any officers of the church 
among them, might be found to be the only faithful supporters of the 
religious dogmas of the founders of the church. There being no such 
trust imposed upon the property when purchased or given, the court will 
not imply one for the purpose of expelling from its use those who, by 
regular succession and order, constitute the church, because they may 
have changed in some respect their views of religious truth. 

Of the cases in which this doctrine is applied, no better representative 
can be found than that of Shannon vs. Frost, 3 B. Monro, 253, where 
the principle is ably supported by the learned chief justice of the Court 
of Appeals of Kentucky. 

The case of Smith vs. Nelson, 18 Verm., 511, asserts this doctrine in 
a case where a legacy was left to the associate congregation of Ryegate, 
the interest whereof was to be annually paid to their minister for ever. 
In that case, though the Ryegate congregation was one of a number of 
Presbyterian churches connected with the general Presbyterian body at 
large, the court held that the only inquiry was whether the society still 
exists, and whether they have a minister chosen and appointed by the 
majority and regularly ordained over the society, agreeably to the usage 
of that denomination. 

And though we may be of opinion that the doctrine of that case needs 
modification so far as it discusses the relation of the Ryegate congrega- 
tion to the other judicatories of the body to which it belongs, it certainly 
lays down the principle correctly if that congregation was to be treated 
as an independent one. 

But the third of these classes of cases is the one which is oftenest found 
in the courts, and which, with reference to the number and difficulty or 
the questions involved and to other considerations, is every way the most 
important. 

It is the case of property acquired in any of the usual modes for the 
general use of a religious congregation which is itself part of a large and 
general organization of some religious denomination, with which it is 
more or less intimately connected by religious views and ecclesiastical 
government. 

The case before us is one of this class, growing out of a schism which 
has divided the congregation and its officers and the Presbytery and 
Synod, and which appeals to the courts to determine the right to the use 
of the property so acquired. Here is no case of property devoted for 
ever by the instrument which conveyed it, or by any specific declaration 
of its owner, to the support of any special religious dogmas or any 
peculiar form of worship, but of property purchased for the use of a 
religious congregation ; and so long as any existing religious congregation 
can be ascertained to be that congregation or its regular and legitimate 
successor, it is entitled to the use of the property. In the case of an 
independent congregation, we have pointed out how this identity or 
succession is to be ascertained, but in cases of this character w T e are 
bound to look at the fact that the local congregation is itself but a mem- 
ber of a much larger and more important religious organization, and is 
under its government and control, and is bound by its orders and 
judgments. There are in the Presbyterian system of ecclesiastical gov- 
ernment, in regular succession, the Presbytery over the Session or local 



138 FORM OF GOVERNMENT, CHAP II. 

church, the Synod over the Presbytery, and the General Assembly over 
all. These are called, in the language of the Church organs, judica- 
tories, and they entertain appeals from the decisions of those below, and 
prescribe corrective measures in other cases. 

In this class of cases we think the rule of action which should govern 
the civil courts, founded in a broad and sound view of the relations of 
Church and State under our system of laws, and supported by a prepon- 
derating weight of judicial authority, is that, whenever the questions of 
discipline or of faith or ecclesiastical rule, custom or law, have been 
decided by the highest of these church judicatories to which the matter 
has been carried, the legal tribunals must accept such decisions as final, 
and as binding on them in their application to the case before them. 

We concede at the outset that the doctrine of the English courts is 
otherwise. In the case of the Attorney General against Pearson, cited 
before, the proposition is laid down by Lord Eldon and sustained by the 
peers that it is the duty of the court in such cases to inquire and decide 
for itself not only what was the nature and power of these church 
judicatories, but what is the true standard of faith in the church organi- 
zation, and which of the contending parties before the court holds to this 
standard. And in the subsequent case of Craigdallie vs. Aikman, 2 
Bligh, 529, the same learned judge expresses in strong terms his chagrin 
that the Court of Sessions of Scotland, from which the case had been 
appealed, had failed to find on this latter subject, so that he could rest 
the case on religious belief, but had declared that in this matter there 
was no difference between the parties. 

And we can very well understand how the lord chancellor of England, 
who is, in his office, in a large sense, the head and representative of the 
Established Church, who controls very largely the Church patronage, 
and whose judicial decision may be, and not infrequently is, invoked in 
cases of heresy and ecclesiastical contumacy, should feel, even in dealing 
with a dissenting church, but little delicacy in grappling with the most 
abstruse problems of theological controversy, or in construing the instru- 
ments which those churches have adopted as their rules of government, 
or inquiring into their customs and usages. The dissenting church in 
England is not a free church, in the sense in which we apply the term in 
this country; and it was much less free in Lord Eldon' s time than now. 
Laws then existed upon the statute book hampering the free exercise of 
religious belief and worship in many most oppressive forms; and though 
Protestant dissenters were less burdened than Catholics and Jews, there 
did not exist that full, entire and practical freedom for all forms of 
religious belief and practice which lies at the foundation of our political 
principles. And it is quite obvious, from an examination of the series 
of cases growing out of the organization of the Free Church of Scot- 
land, found in Shaw's reports of cases in the Court of Sessions, that it 
was only under the pressure of Lord Eldon' s ruling, established in the 
House of Lords, to which final appeal lay in such cases, that the 
doctrine was established in the Court of Sessions after no little struggle 
and resistance. 

The full history of the case of Craigdallie vs. Aikman in the Scottish 
court, which we cannot further pursue, and the able opinion of Lord 
Meadowbank in Galbraith vs. Smith, 15 Shaw, 808, show this conclu- 
sively. 

In this country the full and free right to entertain any religious belief, 



OF THE CHURCH. 139 

to practice any religious principle, and to teach any religious doctrine 
which does not violate the laws of morality and property, and which does 
not infringe personal rights, is conceded to all. The law knows no 
heresy, and is committed to the support of no dogma, the establishment 
of no sect. The right to organize voluntary religious associations, to 
assist in the expression and dissemination of any religious doctrine, and 
to create tribunals for the decision of controverted questions of faith 
within the association, and for the ecclesiastical government of all the indi- 
vidual members, congregations and officers within the general association, 
is unquestioned. All who unite themselves to such a body do so with an 
implied consent to this government, and are bound to. submit to it. But 
it would be a vain consent, and would lead to the total subversion of such 
religious bodies, if any one aggrieved by one of their decisions should 
appeal to the secular courts and have them reversed. It is of the essence 
of these religious unions, and of their right to establish tribunals for the 
decision of questions arising among themselves, that those decisions 
should be binding in all cases of ecclesiastical cognizance, subject only 
to such appeals as the organism itself provides for. 

Nor do we see that justice would be likely to be promoted by submit- 
ting those decisions to review in the ordinary judicial tribunal. Each of 
these large and influential bodies (to mention no others, let reference be 
had to the Protestant Episcopal, the Methodist Episcopal, and the 
Presbyterian Churches) has a body of constitutional and ecclesiastical 
law of its own, to be found in their written organic laws, their books of 
discipline, in their collections of precedents, in their usage and customs, 
which as to each constitute a system of ecclesiastical law and religious 
faith that tasks the ablest minds to become familiar with. It is not to 
be supposed that the judges of the civil courts can be as competent in 
the ecclesiastical law and religious faith of all these bodies as the ablest 
men in each are in reference to their own. It would, therefore, be an 
appeal from the more learned tribunal in the law which should decide 
the case to one which is less so. 

We have said that these views are supported by the preponderant 
weight of authority in this country; and for the reasons which we have 
given, we do not think the doctrines of the English Chancery Court on 
this subject should have with us the influence which we would cheerfully 
accord to it on others. 

We have already cited the case of Shannon vs. Frost, 3 Ben. Monro, 
in which the appellate court of the State, where this controversy orig- 
inated, sustains the proposition clearly and fully. " This court," says 
the chief justice, "having no ecclesiastical jurisdiction, cannot revise or 
question ordinary acts of church discipline. Our only judicial power 
in the case arises from the conflicting claims of the parties to the church 
property and the use of it. We cannot decide who ought to be members 
of the church, nor whether the excommunicated have been justly or 
unjustly, regularly or irregularly, cut off from the body of the church." 

In the subsequent case of Gibson vs. Armstrong, 7 B. Monro, 481, 
which arose out of the general division of the Methodist Episcopal 
Church, we understand the same principles to be laid down as governing 
that case; and in the case of Watson vs. Avery, 2 Bush., 332, the case 
relied on by appellants as a bar, and considered in the former part 
of this opinion, the doctrine of Shannon vs. Frost is in general terms 
conceded, while a distinction is attempted which we shall consider here- 
after. 



140 FORM OF GOVERNMENT, CHAP. II. 

One of the most careful and well-considered judgments on the subject 
is that of the Court of Appeals of South Carolina, delivered by Chan- 
cellor Johnson, in the case of Harmon vs. Dreher, 2 Speer's Eq., 87. 
The case turned upon certain rights in the use of the church property 
claimed by the minister, notwithstanding his expulsion from the Synod 
as one of its members. 

" He stands," says the chancellor, " convicted of the offences alleged 
against him, by the sentence of the spiritual body of which he was a 
voluntary member, and by whose proceedings he had bound himself to 
abide. It belongs not to the civil power to enter into or review the 
proceedings of a spiritual court. The structure of our government has, 
for the preservation of civil liberty, rescued the temporal institutions 
from religious interference. On the other hand, it has secured religious 
liberty from the invasion of the civil authority. The judgments, therefore, 
of religious associations bearing on their own members are not examinable 
here, and I am not to inquire whether the doctrines attributed to Mr. 
Dreher were held by him, or whether if held were an ti -Lutheran, or 
whether his conduct was or was not in accordance with the duty he owed 

to the Synod or to his denomination When a civil right depends 

upon an ecclesiastical matter, it is the civil court, and not the ecclesiasti- 
cal, which is to decide. But the civil tribunal tries the civil right and 
no more, taking the ecclesiastical decisions out of which the civil right 
arises as it finds them." The principle is reaffirmed by the same court 
in the John's Island Church case, 2 Richardson Eq., 215. 

In Den vs. Bolton, 7 Halstead, 206, the Supreme Court of New 
Jersey asserts the same principles; and though founding its decision 
mainly on a statute, it is said to be true on general principles. 

The Supreme Court of Illinois in the case of Ferraria vs. Vaucan- 
celles, 25 111., 456, refers to the case of Shannon vs. Frost, 3 B. Monro, 
with approval, and adopts the language of the court, that ' ' the judicial 
eye cannot penetrate the veil of the Church for the forbidden purpose of 
vindicating the alleged wrongs of excised members; when they became 
members, they did so upon the condition of continuing or not as they 
and their churches might determine, and they thereby submit to the 
ecclesiastical power, and cannot now invoke the supervisory power of the 
civil tribunals." 

In the very important case of Chase vs. Cheny, recently decided in 
the same court, Judge Lawrence, who dissented, says, we understand the 
opinion as implying that in the administration of ecclesiastical discipline, 
and where no other right of property is involved than loss of the clerical 
office or salary incident to such discipline, a spiritual court is the exclu- 
sive judge of its own jurisdiction, and that its decision of that question 
is binding on the secular courts. And he dissents with Judge Sheldon 
from the opinion because it so holds. 

In the case of Watson vs. Farris, 45 Missouri, 183, which was a case 
growing out of the schism in the Presbyterian Church in Missouri in 
regard to this same declaration and testimony and the action of the 
General Assembly, that court held that whether a case was regularly or 
irregularly before the Assembly was a question which the Assemby had 
the right to determine for itself, and no civil court could reverse, modify 
or impair its action in a matter of merely ecclesiastical concern. 

We cannot better close this review of the authorities than in the 
language of the Supreme Court of Pennsylvania in the case of the 



OF THE CHURCH. 141 

German Reformed Church vs. Siebert, 5 Barr., 291: " The decisions of 
ecclesiastical courts, like every other judicial tribunal, are final, as they 
are the best judges of what constitutes an offence against the Word of 
God and the discipline of the Church. Any other than those courts 
must be incompetent judges of matters of faith, discipline and doctrine; 
and civil courts, if they should be so unwise as to attempt to supervise 
their judgments on matters which come within their jurisdiction, would 
only involve themselves in a sea of uncertainty and doubt which would 
do anything but improve either religion or good morals. ' ' 

In the subsequent case of McGinnis vs. Watson, 41 Penn. Stat., 21, 
this principle is again applied and supported by a more elaborate 
argument. 

The Court of Appeals of Kentucky, in the case of Watson vs. Avery, 
before referred to, while admitting the general principle here laid down, 
maintains, " that when a decision of an ecclesiastical tribunal is set up in 
the civil courts, " it is always open to inquiry whether the tribunal acted 
within its jurisdiction; and if it did not, its decisions could not be con- 
clusive. 

There is, perhaps, no word in legal terminology so frequently used as 
the word jurisdiction, so capable of use in a general and vague sense, 
and which is used so often by men learned in the law without a due 
regard to precision in its application. As regards its use in the matters 
we have been discussing, it may very well be conceded that if the 
General Assembly of the Presbyterian Church should undertake to try 
one of its members for murder, and punish him with death or imprison- 
ment, its sentence would be of no validity in a civil court or anywhere 
else. Or if it should, at the instance of one of its members, entertain 
jurisdiction as between him and another member as to their individual 
right to property, real or personal, the right in no sense depending on 
ecclesiastical questions, its decisions would be utterly disregarded by any 
civil court where it might be set up, and it might be said, in a certain 
general sense very justly, that it was because the General Assembly had 
no jurisdiction in the case. Illustrations of this character could be 
multiplied in which the proposition of the Kentucky Court would be 
strictly applicable. 

But it is a very different thing where a subject-matter of dispute 
strictly and purely ecclesiastical in its character — a matter over which 
the civil courts exercise no jurisdiction — a matter which concerns 
theological controversy, church discipline, ecclesiastical government 
or the conformity of the members of the church to the standard of 
morals required of them — becomes the subject of its action. It may be 
said here, also, that no jurisdiction has been conferred on the tribunal to 
try the particular case before it, or that in its judgment it. exceeds the 
powers conferred upon it, or that the laws of the Church do not authorize 
the particular form of proceeding adopted; and in a sense often used in 
the courts, all of those may be said to be questions of jurisdiction. But 
it is easy to see that if the civil courts are to inquire into all these 
matters, the whole subject of the doctrinal theology, the usages and 
customs, the written laws and fundamental organization of every 
religious denomination, may and must be examined into with minuteness 
and care, for they would become in almost every case the criteria by 
which the validity of the ecclesiastical decree would be determined in the 
civil court. This principle would deprive these bodies of the right of 



142 FORM OF GOVERNMENT, CHAPS. III-IV. 

construing their own church laws, would open the way to all the evils 
which we have depicted as attendant upon the doctrine of Lord Eldon, 
and would, in effect, transfer to the civil courts, where property rights 
were concerned, the decision of all ecclesiastical questions. 

And this is precisely what the Court of Appeals of Kentucky did in 
the case of Watson vs. Avery. Under cover of inquiries into the 
jurisdiction of the Synod and Presbytery over the congregation, and of 
the General Assembly over all, it went into an elaborate examination of 
the principles of Presbyterian Church government, and ended by over- 
ruling the decision of the highest judicatory of that Church in the United 
States both on the jurisdiction and the merits, and substituting its own 
judgment for that of the ecclesiastical court, decides that ruling elders, 
declared to be such by that tribunal, are not such, and must not be 
recognized by the congregation, though four-fifths of its members believe 
in the judgment of the Assembly and desire to conform to its decree. 

But we need pursue this subject no further. Whatever may have 
been the case before the Kentucky court, the appellants, in the case 
presented to us, have separated themselves wholly from the church 
organization to which they belonged when this controversy commenced. 
They now deny its authority, denounce its action and refuse to abide by 
its judgments. They have first erected themselves into a new organiza- 
tion, and have since joined themselves to another totally different, if not 
hostile, to the one to which they belonged when the difficulty first began. 
Under any of the decisions which we have examined, the appellants in 
their present position have no right to the property, or the use of it, 
which is the subject of this suit. 

The novelty of the questions presented to this court for the first time, 
their intrinsic importance and far-reaching influence, and the knowledge 
that the schism in which the case originated has divided the Presbyterian 
churches throughout Kentucky and Missouri, have seemed to us to justify 
the careful and laborious examination and discussion which we have 
made of the principles which should govern the case. 

For the same reasons we have held it under advisement for a year, not 
uninfluenced by the hope that, since the civil commotion which evidently 
lay at the foundation of the trouble has passed away, that charity which 
is so large an element in the faith of both parties, and which, by one of 
the apostles of that religion, is said to be the greatest of all the Christian 
virtues, would have brought about a reconciliation. 

But we have been disappointed. It is not for us to determine or 
apportion the moral responsibility which attaches to the parties for this 
result. We can only pronounce the judgment of the law as applicable 
to the case presented to us, and that requires us to affirm the decree of 
the circuit court as it stands. 

The chief justice did not sit on the argument of this case, and took 
no part in its decision. — 1872, pp. 177-190. 

CHAPTER III. 

OF THE OFFICERS OF THE CHURCH. 

I. Our blessed Lord at first collected his Church out of different 
nations, and formed it into one body by the mission of men endued with 
miraculous gifts, which have long since ceased. 

[Note. — See Confession of Faith, Chap, xxv, Sec. iii.I 



OF BISHOPS OR PASTORS. 143 

II. The ordinary and perpetual officers in the Church are Bishops or 
Pastors; the representatives of the people, usually styled Puling Elders; 
and Deacons. 

[Note. — See under Chapters iv, v, vi.] 

CHAPTER IV. 

OF BISHOPS OR PASTORS. 

The pastoral office is the first in the Church, both for dignity and 
usefulness. The person who fills this office hath in the Scripture 
obtained different names expressive of his various duties. As he has the 
oversight of the flock of Christ, he is termed bishop.* As he feeds 
them with spiritual food, he is termed pastor. As he serves Christ in his 
Church, he is termed minister. As it is his duty to be grave and prudent 
and an example of the flock, and to govern well in the house and 
kingdom of Christ, he is termed presbyter or elder. As he is the mes- 
senger of God, he is termed the angel of the Church. As he is sent to 
declare the will of God to sinners and to beseech them to be reconciled 
to God through Christ, he is termed ambassador. And as he dispenses 
the manifold grace of God and the ordinances instituted by Christ, he is 
termed steward of the mysteries of God. 

I. THE PASTORAL RELATION. 

1. Fidelity in pastoral duties enjoined. 

a. Upon an overture to the Synod, in pursuance of an order of the 
Committee to that purpose, viz. , to use some proper means to revive the 
declining power of godliness, the Synod do earnestly recommend it to all 
our ministers and members to take particular care about ministerial 
visiting of families, and press family and secret worship, according to 
the Westminster Directory, and that they also recommend it to every 
Presbytery at proper seasons to inquire concerning the diligence of each 
of their members in such particulars. 

This overture was approved neniine contradicente. — 1733, p. 105. 

b. And the Synod does further recommend unanimously to all our 
Presbyteries to take effectual care that each of their ministers are faith- 
ful in the discharge of their awful trust. And in particular, that they 
frequently examine, with respect to each of their members, into their 
life and conversation, their diligence in their work, and their methods 
of discharging their ministerial calling. Particularly that each Presby- 
tery do, at least once a year, examine into the manner of each minister's 
preaching, whether he insist in his ministry upon the great articles of 
Christianity, and in the course of his preaching recommend a crucified 
Saviour to his hearers as the only foundation of hope, and the absolute 
necessity of the omnipotent influences of the divine grace to enable them 
to accept of this Saviour ; whether he do, in the most solemn and affect- 
ing manner he can, endeavor to convince his hearers of their lost and 

* As the office and character of the gospel minister is particularly and fully de- 
scribed in the Holy Scriptures under the title of " bishop," and as this term is pecu- 
liarly expressive of his duty as an overseer of the flock, it ought not to be rejected. 



144 FORM OF GOVERNMENT, CHAP. IV. 

miserable state whilst unconverted, and put them upon the diligent use 
of those means necessary in order to obtaining the sanctifying influences 
of the Spirit of God; whether he do, and how he doth, discharge his 
duty toward the young people and children of his congregation in a way 
of catechising and familiar instruction; whether he do, and in what 
manner he doth, visit his flock and instruct them from house to house. 

And the Synod hereby orders that a copy of this minute be inserted 
into the books of each of our Presbyteries, and be read at every of their 
Presbyterial meetings, and a record of its being read minuted in said 
books at the beginning of every session, and that there be also an annual 
record in each Presbytery book of a correspondence with this minute. 
And in case any minister within our bounds shall be found defective in 
any of the above-mentioned cases, he shall be subject to the censure of 
the Presbytery, and if he refuse subjection to such censure, the Presby- 
tery are hereby directed to represent his case to the next Synod. And 
the Synod recommends to each of the ministers within our bounds to be 
as much in catechetical doctrines as they in prudence may think proper. 
—1734, p. 111. 

C. That in the discharge of pastoral duties, they take the utmost care 
that the Word of God be known and understood by the people, and that 
for this purpose, in their public instructions the practice of lecturing on 
certain portions of holy Scripture be not laid aside, but rather revived 
and increased ; that they endeavor, where it is prudent and practicable, 
to institute private societies for reading, prayer, and pious conversation ; 
above all, that they be faithful in the duties of family visitation and the 
catechetical instruction of children and youth. And that in order to aid 
these views, they endeavor to engage the sessions of the respective con- 
gregations, or other men most distinguished for intelligence and piety in 
them, to assume as trustees the superintendence and inspection of the 
schools established for the initiation and improvement of children in the 
elements of knowledge; to see that they be provided with teachers of 
grave and respectable characters; and that these teachers, among other 
objects of their duty, instruct their pupils in the principles of religion, 
which should be done as often as possible in the presence of one or more 
of the aforesaid trustees, under the deep conviction that the care and 
education of children, the example set before them, and the first impres- 
sions made on their minds are of the utmost importance to civil society 
as well as to the church. — 1799, p. 182. 

[Note. — See also under Directory for Worship, Chaps, i, vi and Minutes passim, for 
duties, etc., of a pastor, and under Form of Government, Chaps, xv, xvi and xvii, for 
questions relating to the pastoral office. Also Chap, x, Sec. viii.] 

2. The pastoral relation emphasized and encouraged. 

The following paper in reference to the pastoral relation was adopted : 
The General Assembly deems it important to reiterate and eu force the 
doctrine of our Standards in regard to the pastoral relation, as the scrip- 
tural, apostolic, and permanent order for the edifying of the body of 
Christ and the extension of saving influences throughout the world. 
This was evidently the view of the subject held by those who laid the 
foundations of the Presbyterian Church, who drew the wondrous plan of 
its organization, and impressed upon it those features which give it so 
striking a resemblance to the churches presided over by the apostle 
John, by Timothy, by the venerable Polycarp, and others in those times 



OF BISHOPS OR PASTORS. 145 

of early development under the special guidance of divine inspiration. 
Nothing is more fundamental in our order than the law which calls for an 
educated, pious, ordained, settled, permanent ministry. Our Book 
recognizes no ministerial relation to the Church as thoroughly legitimate 
and vital but that of a regularly constituted pastorate; all besides this it 
regards as exceptional and temporary. 

As an Assembly we feel solemnly bound to remind the Presbyteries 
and churches of these facts, and to express our deep sense of the danger 
which threatens us, in consequence of a very manifest decline from the 
law and the practice of our fathers on this subject, and the growing evil 
of frequent change of pastoral relations, in consequence of which we are 
somewhat losing a peculiarity which has given us distinction in times 
past, and are becoming more and more, in this respect, like those denom- 
inations among whom change is not exceptional, but an adopted 
principle and a confirmed habit. For Presbyterians this tendency is 
alarming. The Assembly would therefore warn all concerned to be on 
their guard against it. Since much depends upon the views of the 
subject with which young men enter the ministry, we would respect- 
fully suggest, to the teachers in our theological seminaries, the importance 
of emphasizing their instructions in regard to the pastoral office, as one 
to be desired and sought as a divine and permanent institution, and as 
absolutely essential to the most healthful development and increase of 
the Church and the Christian cause. We would also earnestly call upon 
all our churches to cooperate with their Presbyteries in creating and 
extending a public sentiment favoring the formation of pastoral rela- 
tionships which time and years shall only serve to strengthen and to 
hallow, and which may suitably represent in outward form the stable 
tendencies of our ancient and orthodox faith. Our people must be 
encouraged to call pastors with a view of keeping them; and our minis- 
ters must enter the pastorate to abide. When the two parties come 
together with such views and purposes, they will be so joined together 
that man may not and only God can put them asunder. At the same 
time, the Assembly would deprecate undue haste in the consummation of 
pastoral ties as itself prophetic of speedy dissolution. We would advise 
the parties to take time to ascertain whether they have a proper liking 
and fitness for each other, and not marry under the first impulse of 
inclination, much less on account of what, at the moment, may appear 
the best or the only chance. Relationships designed to be lasting must 
be carefully considered and prayerfully entered into; then will the 
causes which so frequently unsettle or disturb be powerless, and the 
beautiful order of the pastorate will remain, to the praise of God and 
the glory of the Church, in the midst of changes which mar all other 
relations and vitiate so many of the works of man. — 1877, pp. 542, 543. 

3. Ministerial rights unaffected by being honorably retired. 

From the Synod of Cleveland, inquiring whether those ministers whose 
names in the Assembly's Minutes are followed by the letters " H. R." 
have still the right to preach, to administer the sacraments, to sit in the 
higher judicatories of the Church, and to exercise other functions of the 
ministry, as in former times. The Committee recommend that the 
following answer be returned : The designation referred to in the overture 
does not affect, in any way, the status of the minister, or deprive him of 
any of the functions of his office. — Adopted 1875, p. 507. 

[Note. — See also Form of Government, Chap, x, Sec. viii.] 
10 



146 FORM OF GOVERNMENT, CHAP. IV. 

4. Installation of pastors-elect insisted on, and none to be designated as 
P. E. whose call has not been regularly acted on. 

The Committee of Bills and Overtures reported the following reso- 
lution : 

Whereas, It is commonly reported that in several of our Presbyteries 
the custom prevails, first, of permitting ministers who have received calls 
from churches to serve such churches through a series of years without 
installation; and, secondly, of placing the names of such ministers in 
the statistical tables as pastors-elect (P.E. ); and, 

Whereas, Such customs are manifestly inconsistent with the express 
requirements or implications of Form of Government, Chap, xv, viii, 
and xvi, iii; therefore, 

Resolved, That all our Presbyteries be enjoined: 

1. To take order that as soon as possible after a licentiate or ordained 
minister has been called by a church and the call been approved and 
accepted such person be installed as pastor of the church calling him. 

2. To place the names of none in the statistical tables as pastors -elect 
(P.E. ) whose calls have not been regularly approved by the Presbytery 
having charge of the church issuing the call, and who have not signified 
their acceptance thereof and readiness for installation. — Adopted 1886, 
p. 5Q. 

II. STATED SUPPLIES. 

1. Stated supplies to be discouraged. 

a. The Committee on Overture No. 9, viz., a memorial from East 
Hanover Presbytery on inefficiency in the ministry, made the following 
report, which was adopted, viz. : . . . . 3. That it be enjoined on all 
the Presbyteries to take such measures as they may deem expedient for 
forming the pastoral relation in a regular manner in all cases where 
churches are now served by stated supplies, unless there be special 
reasons to the contrary, of which reasons the Presbytery is required to 
judge, and to make their judgment matter of record on their minutes. — 
1834, p. 450. 

b. "Resolved, That it be enjoined on all the Presbyteries to take early 
and efficient measures for terminating, as far as possible, the growing evil 
of the system of stated supplies, and for leading all our churches to seek 
the regular installation of their stated teachers as pastors in the full sense 
of the term, as used in our Form of Government." — 1839, p. 177, O. S. 

C. " The pastoral office should be more and more highly appreciated, 
practically honored and mainly promoted in all our judicatories and 
churches as the ordinary, the permanent, and the incomparable way of 
the Lord in promoting his own cause and in educating his people for 
heaven."— 1840, p. 17, N. S. ; confirmed 1886, p. 56. 

d. " That the relation of stated supply which has grown up between 
many of our churches and ministers is unknown in our system, and 
tends to disorder and injury in many ways. The Presbyteries are there- 
fore directed to supplant it, as far as possible, in all cases by the regular 
pastoral relation; and to discountenance it as a permanent relation." — 
1842, p. 29, O. S. ; 1895, p. 102. 

e. " Churches having stated supplies only are not such churches as are 
contemplated in Form of Government, Chap, x, Sec. iv, and have a 
right of representation according to the principles of the Form of Gov- 
ernment, Chap, x, Sec. v."— 1851, p. 15, N. S. ; 1886, p. 56. 



OF STATED SUPPLIES. 147 

f. Resolved, That this Assembly observes with solicitude and deep 
regret, the wide extent to which the practice of admitting stated supplies 
prevails throughout the Church, and would call the attention of our 
Presbyteries especially to the importance of discouraging this practice, 
and would recommend that our Presbyteries, as far as possible, insist 
upon the institution of the pastoral relation. — 1887, p. 141. 

2. Presbytery can terminate stated supply at discretion. 

" Resolved, That as Mr. Clapp was merely a stated supply of the 
church in New Orleans, the Presbytery of Mississippi had a right, and 
it was their duty, under existing circumstances, to adopt measures to 
detach him from said congregation." — 1831, p. 340. 

3. Evangelists not to be ordained to serve as stated supplies. 

' ' That while the instability of the pastoral relation arises out of the 
uneasiness incident to growing and changing communities, and so cannot 
be removed by legislation, still the Presbyteries themselves can do much 
to abate it by honoring the pastoral relation, and declining, except in 
extraordinary cases, to ordain young men as evangelists to serve as stated 
supplies."— 1869, p. 262, K S. ; 1886, p. 56. 

4. Stated supplies have no pastoral powers. 

Overture from the Presbytery of Knox, asking a reply to the question, 
Has a stated supply the right, power, and prerogative in the church 
Session as a pastor ? 

The Committee respectfully recommend that the Assembly answer the 
overture in the negative. 

The report was adopted. — 1877, p. 549. 

5. Have only such rights as may be conferred by Presbytery. 

It was Resolved, That the question submitted by the Presbytery of 
[Los Angeles, as to what rights and prerogatives belonging to a pastor a 
stated supply had not, be answered, That stated supplies have such rights 
and prerogatives as may be expressly conferred on them by the Presby- 
tery, and no other. — 1878, p. 120. 

6. Should not preach in the pulpits of any Presbytery without its 

consent. 

Overtures from the Presbyteries of Lackawanna and Binghamton. 
Stated supplies should not preach in the pulpits of any Presbytery without 
its consent; and, when the consent is refused, the Presbytery to which 
such minister serving as stated supply belongs, being notified, should 
recall him within its own bounds. — Adopted 1874, p. 83. 

7. A pastor-elect not stated supply ipso facto. 

A pastor -elect is not stated supply by any virtue of the call in prog- 
ress. — 1880, p. 45. 

[See also under Form of Government, Chap, ix, Sec. iii, below.] 

8. Deliverances on stated supplies reaffirmed. 

The Committee recommend the adoption of the following: Resolved, 
That the careful attention of Presbyteries be directed to the deliverances 
of past Assemblies on the subject of stated supplies, as they are set forth 



148 FORM OF GOVERNMENT, CHAP. V. 

in Chap, iv of Moore's Digest (1886, pp. 112, 113), and also in the 
Supplement of said Digest, pp. 476-178, all which deliverances are 
hereby reaffirmed by this Assembly. — 1886, p. 56. 

9. What is a stated supply ; and what is a vacant church? 

Overture from the Presbytery of Bloomington, asking an answer to 
the following questions: 1. What is a stated supply ? 2. What is a 
vacant church ? 

Answer. Question 1. The official title " stated supply " is unknown 
to our system (Moore's Digest, 1886, p. 113). Inasmuch, however, as 
the growing evil has been recognized by the Assembly, in so far as to 
adopt a rule for the record of stated supplies in its Minutes (see Minutes, 
1894, p. 350, Item 5), it is recommended that the Assembly reply to the 
overture, that a stated supply is a minister employed by a church, with 
the authority of Presbytery, for a definite time or period of service. 

Answer. Question 2. " Every congregation or church is vacant 
which has not a pastor duly installed " (Moore's Digest, 1886, p. 139). 
Adopted.— 1895, p. 102. 

CHAPTER V. 
OF RULING ELDERS. 

Ruling Elders are properly the representatives of the people, chosen by 
them for the purpose of exercising government and discipline, in con- 
junction with pastors or ministers. This office has been understood, by 
a great part of the Protestant Reformed Churches, to be designated in 
the holy Scriptures, by the title of governments ; and of those who rule 
well, but do not labor in the Word and doctrine. 

[Note. — See under Form of Government, Chap, xiii.] 

1. Ruling elders assistants to ministers. 

For the better establishing and settling congregations, it is ordered and 
appointed that in every congregation there be a sufficient number of 
assistants chosen to aid the minister in the management of congregational 
affairs.— 1714, p. 37. 

2. The eldership essential to the existence of a Presbyterian Church. 

The report of the Committee to examine the records of the Synod of 
the Western Reserve was adopted, and is as follows, viz. : That the 
records be approved, with the exception of the sentiment on page 154, 
viz. , that the eldership is not essential to the existence of the Presby- 
terian Church. In the opinion of the Committee the Synod advance a 
sentiment that contravenes the principles recognized in our Form of 
Government, Chap, ii, Sec. iv; Chap, iii, Sec. ii; Chap, v; Chap, ix, 
Sees, i, ii.— 1833, p. 404. 

[Note. — This does not forbid the forming of congregations for religious worship, 
where they may not have suitable persons among them to sustain the office of ruling 
elder. See Chap, ii, Sec. iv, and Minutes, 1890, pp. 113-119.] 

3. Elders must be duly elected and set apart. 

[Note.— See Form of Government, Chap, xiii, Sees, i, ii, iv, viii. 



OF RULING ELDERS. 149 

4. A ruling elder without charge has no seat in a church court. 

Resolved, That no ruling elder, who has retired from the active exer- 
cise of his office in the church to which he belongs, can be admitted as 
a member of Presbytery, Synod, or General Assembly. — 1835, p. 489. 

Note.— See Chap, xiii, Sec. viii (Term Service): ''Provided, That elders, once 
ordained, shall not be divested of the office when they are not reelected, but shall be 
entitled to represent that particular church in the higher judicatories, when appointed 
by the Session or the Presbytery."] 

5. An elder cannot hold office in two churches at the same time. 

The Judicial Committee reported that, by permission of the Assembly, 
a complaint was presented to them by the Rev. Dr. Ashbel Green, in 
behalf of a minority, against a decision of the Synod of Philadelphia,* 
recorded on the Synod book, page 168, by which complaint the follow- 
ing question is presented for the decision of the Assembly, viz. : 

Is it consistent with the Constitution of this Church for the same 
individual to hold the office of ruling elder in two different churches at 
the same time ? 

When it was resolved by the Assembly that the decision of the Synod 
be affirmed, and the complaint dismissed. — 1827, p. 204. 

6. Nor adjudicate in a church of which he is not an elder. 

[Note. — See under Chap, ix, Sec. i (3) , p. 158.] 

7. An elder has the same right to sit in Synod as in Presbytery. 

Has an elder, whom the discipline of our Church authorizes to sit as a 
member in Presbytery, from a vacant congregation or united congrega- 
tions, a right by that discipline to sit in Synod, as a representative of 
such congregation or congregations ? 

The question was determined in the affirmative. — 1808, p. 403. 

8. When an elder has been suspended from church privileges, and is 

restored, he is not thereby restored to office. 

1 ' When an elder has been suspended from church privileges, for an 
offence, and again restored to the privileges of the church, is he also 
restored to his office as a ruling elder ?' ' should be answered in the nega- 
tive. The two things are distinct; and since an elder, as well as a 
minister, may be suspended from his office, and not from the communion 
of the church, so there may be reasons for continuing his suspension 
from his office after he is restored to the privileges of the church. He 
cannot be restored to the functions of his office without a special and 
express act of the Session for that purpose, with the acquiescence of the 
church.— 1836, p. 521. 

9. Elders are not to participate in the ordination of ministers by the 

laying on of hands. 

a. In answer to a communication from the Presbytery of the Western 
District on the subject of allowing ruling elders to unite in the imposi- 
tion of hands in the ordination of bishops: The Committee unanimously 
recommend an adherence to the order, and, until recently, the uniform 

* The Synod having rejected a resolution declaring it lawful for an elder to exercise 
the office in two different congregations at the same time. 



150 FORM OF GOVERNMENT, CHAPS. V-VI. 

practice of our Church on this subject, viz. : to allow preaching elders or 
bishops only to engage in that service. 

Which was adopted.— 1842, p. 16, O. S. 

b. Resolved, That it is the judgment of this General Assembly that 
neither the Constitution nor the practice of our Church authorizes ruling 
elders to impose hands in the ordination of ministers. [Yeas 138, 
nays 7, non liquet 1, excused 2.] — 1843, p. 183, O. S. 

C. In answer to a request to reverse the above decision, the Assembly 

Resolved, That in the opinion of this Assembly, the last Assembly, in 
determining that ruling elders are not authorized by the Form of Gov- 
ernment to impose hands in the ordination of ministers, did not depreciate 
the office of ruling elder, nor did they in any respect contravene the 
letter or the spirit of the Constitution, or the principles and practice of 
Presbyterian Churches in Europe or America since the Reformation ; but 
in conformity with both the principles and practice of our own and other 
Presbyterian Churches, they did decide that as the rite of ordination is 
simply a declaratory ministerial act, the laying on of hands as a part 
thereof belongs properly to ordained ministers, while to ruling elders is 
left unimpaired and unquestioned the full and rightful power of ordering 
the work of ordination, and of judging in the discipline of ministers in 
common with those Presbyters who labor in word and doctrine, as in all 
other cases. [Yeas 154, nays 25.]— 1844, p. 370, O. S. 

[Against the above action a protest, signed by twenty- two members 
of the Assembly, was entered and received. The protest and the answer 
of the Assembly may be found in Baird's Collection, revised edition, 
pp. 75-80.] 

d. The Committee on the Polity of the Church reported an answer to 
the inquiry, " Ought the eldership to participate in the ordination of 
ministers by laying on of hands ?' ' as follows : 

It is a recognized principle of our Church polity, in accordance, as we 
believe, with apostolic teaching, that bishops, ministers and elders 
constitute but one grade or rank of officers in the Christian Church, and 
hence that in all our Church judicatories they have equal rights and 
powers. In all the judicial business of the Church all are Presbyters 
alike. (See Form of Government, Chap, ix, Sees, i, ii, iv; Chap, x, 
Sees, ii to vii; Chap, xi, Sees, i, ii; and Chap, xii, Sec. ii. ) Still it 
cannot be denied that in the Bible a distinction is recognized between 
those Presbyters who rule only and those who both rule and preach. In 
the practice of the Presbyterian Church in all its branches this distinc- 
tion has become very marked. Some are set apart expressly to preach 
the Gospel and to administer the ordinances of God's house. They are 
Presbyters in common with others; but as ministers of Christ, they have 
functions and rights peculiar to themselves, and are required to possess 
proper qualifications. In the ordination of ministers your Committee 
believe there are two distinct things to be done : 1 . The examination and 
approval of the candidate. In this all the members of the Presbytery 
participate alike; and, 2. The formal act of induction into office, in 
which, by almost universal consent, as we suppose, only ministers 
officiate. It is true our Form of Government, Chap, xv, Sec. xiv, 
speaks of the whole Presbytery as laying on hands and giving the right 
hand of fellowship. But every statute should be construed consistently 
with itself and with general usage under the statute. Your Committee 
would suggest that the act of induction is ministerial, not judicial. And 



OF RULING ELDERS. 151 

as in respect to baptism," the elders, jointly with the pastor, determine 
who shall be admitted to this ordinance; yet the pastor only administers 
it; so in ordination — the whole Presbytery determine the fitness of the 
candidate, but only the ministers present induct into office. This, we 
believe, has been the universal practice under this rule; and that this 
usage was intended by the framers of the book seems probable from the 
fact that in the form of induction those aiding in the service are directed 
to extend to the new minister their right hands, saying, " We give you 
the right hand of felloivship to take part of this ministry with us." This 
language manifestly implies that those welcoming him do themselves 
occupy places in that ministry to which they welcome him. The Com- 
mittee therefore recommend that the question be answered in the nega- 
tive. The report was adopted.— 1860, p. 242, N. S. ; 1890, p. 113. 
See also under Chap, xv, Sec. xiv, F. G. 

10. Ruling elders may not administer sealing ordinances. 

The Committee on Bills and Overtures reported as follows: 
An overture from the Presbytery of Peoria, on the authority of ruling 
elders to administer sealing ordinances: The Committee recommend that 
they be referred to the Standards, Directory for Worship, Chap, viii, 
Sec. i, and Chap, ix throughout. 

The report was adopted. — 1870, p. 22. 

11. Ruling elders may explain the Scriptures and exhort in the absence 

of the pastor. 

On page 10, Yol. iv of these Minutes, Mississippi Synod takes excep- 
tions to the minute of Louisiana Presbytery; because this Presb} r tery 
considers it not inconsistent with the principles of our Church for ruling 
elders, in the absence of the pastor, to read the Scriptures and explain 
them, and to endeavor to enforce the truth upon the conscience by 
suitable exhortations. The Assembly believe the Presbytery of Louisiana 
were right, according to Chap, xxi, Form of Government. — 1856, p. 
538, O. S. 

12. The proper court to try ruling elders in a given case. 

The following question from the Presbytery of Genesee was presented 
by the Committee of Overtures, viz. : 

Common fame accuses two ruling elders of a church (they being the 
only acting elders) of unchristian conduct, which took place several 
years ago, but which has lately been made known to the Presbytery with 
which said church is connected. What is the duty of the Presbytery 
in the case ? 

Resolved, That the Presbytery is the competent court to try these two 
elders, and that it is their duty to cite the offending persons before them, 
and proceed to issue the case. — 1825, pp. 142, 144. [See below under 
Chaps, ix and xiii.] 

13. Ministers are not eligible to the ruling eldership. 

[Note. — See below under Chap, xiii, Sec. ii, 9, a, b, c, d, e, f, g.] 

CHAPTER VI. 

OF DEACONS. 

The Scriptures clearly point out Deacons as distinct officers in the 
Church, whose business it is to take care of the poor, and to distribute 



152 FORM OF GOVERNMENT, CHAPS. VI-VII. 

among them the collections which may be raised for their use. To them 
also may be properly committed the management of the temporal affairs 
of the Church. 

1. Their functions.— They have no judicial power. 

We need only represent unto you the ends and institution of Scrip- 
ture deacons, and that there is no juridical power allowed them in the 
Scriptures.— 1716, p. 42. 

2. The temporalities of the church may be committed to them. 

In answer to the inquiry, " What are the nature and duties of the 
office of deacon ?" we reply: The answer we conceive to be explicitly 
given in our Form of Government, Chap. vi. Their duties there are 
plainly made to consist in distributing the charities of the church to 
which they belong to the poor of that church. Over charities collected 
for any other purpose than those specified, their office gives them no 
control. In addition to this, the temporalities of the church generally 
may be committed to their care. — 1833, p. 405. 

[Note. — See Report of the Special Committee on Church Temporalities, 1896, pp. 
183-186. See, also, for powers of deacons as trustees, under Trustees, on p. 122.J 

3. The appointment of deacons urged- 

Overture from the Presbytery of Pittsburgh, on the subject of deacons. 
The Committee recommend — in response to the memorial regarding the 
functions of deacons, and requesting that, in respect to the care of the 
poor, their business be so defined as not to exclude the poor and the sick 
outside the Church — the adoption of the following resolutions: 

Resolved, 1. That the Assembly regards the office of deacon as pro- 
viding proper Scriptural and feasible means for such exercise of charity, 
as will aid in extending the influence of the Church among the poor, 
and opening the way for more direct spiritual ministrations. 

Resolved, 2. That the Assembly, rejoicing in all that is accomplished 
by others, express their most decided approval of all institutions for the 
care of the poor and sick, conducted by Presbyterians, and regarding 
with pleasure their increasing number, earnestly advises their multiplica- 
tion. 

Resolved, 3. That the Presbyterian Church has always recognized the 
office of deacon; and the Assembly renewedly call the attention of the 
churches to the provisions of the Form of Government in the case. 
[See F. G., Chap, xiii, Sec. ii.]— 1871, pp. 588, 589; also, 1840, p. 
286, O.S.; 1841, p. 418, O. S. ; 1856, p. 535, O. S. 

4. May a person at once be deacon and elder? 

a. Resolved, That while it is important and desirable that the several 
offices in the Christian Church should be kept distinct, and be sustained 
by different individuals wherever a sufficient number of competent men 
can be found, yet in the opinion of this Assembly it is not inconsistent 
with the constitution of the Presbyterian Church, nor with the precedent 
furnished in filling the office of deacon at its first institution, that where 
a necessity exists, the same individual should sustain both offices. — 
1840, p. 306, O. S. 

b. Overture, being a petition from Eev. Moses D. A. Steen, asking 
the following question: 



OF DEACONS. 153 

"When a deacon in any church is elected and installed a ruling elder in 
the same church, does he cease to exercise the functions of his office as 
deacon? — Answer. Not necessarily. See Moore's Digest, 1886, p. 119. 
—Adopted 1880, p. 56. 

5. Deacons may distribute the bread and wine at the communion. 

a. Overture, asking, " Is it in accordance with Presbyterian law and 
usage that deacons distribute to the church members the bread and wine 
in the sacrament of the Lord's Supper ?" The Committee recommend 
that the Assembly answer " Yes," and refer to the Digest, 1873, p. 119. 
—Adopted 1874, p. 84; 1867, p. 497, N. S. 

b. Is the action taken by the Assembly of 1874, p. 84, of Minutes, 
Overture No. 25, to be interpreted as directing that the serving of the 
elements at the Lord's Supper belongs indifferently to the elders and 
deacons ? 

Your Committee would respectfully recommend the following reply: 
The above question is answered on p. 119 of Moore's Digest, which says 
that, " Inasmuch as we have no rule in relation to the subject, the 
matter is referred to the discretion of the Sessions of the churches." 
Adopted.— 1877, p. 516. 

6. To the deacons belongs exclusively the control of funds for the poor. 

1. Has the church Session any original or direct control over the 
management and distribution of the fund collected and in the hands of 
the deacons for the benefit of the poor of the church ? 

2. Or does the management of this fund belong exclusively to the 
deacons ? 

3. If the Session has any control over this fund, what is the nature and 
extent of that control ? 

The Committee recommend that the first inquiry be answered in the 
negative, the second in the affirmative, and that the third be answered, 
" They may advise respecting the use of funds." Adopted. — 1857, p. 
24, O. S. 

7. Deacons may not represent the church in church courts. 

The record [Synod of Buffalo], p. 156, would lead to the belief that 
a deacon of the Church was admitted to a seat in Synod, which, if so, 
is in violation of the principles of our Church government. — 1860, p. 
34, O. S. [See 1 above.] 

[Note. — For questions pertaining to the election, ordination and installation of 
deacons, see Form of Government, Chap, xiii, Sees, ii, viii.] 

CHAPTER VII. 
OF ORDINANCES IN A PARTICULAR CHURCH. 

The ordinances established by Christ, the head, in a particular church, 
which is regularly constituted with its proper officers, are prayer, singing 
praises, reading, expounding and preaching the word of God; administer- 
ing Baptism and the Lord's Supper; public solemn fasting and thanks- 
giving, catechising, making collections for the poor and other pious 
purposes; exercising discipline, ami blessing the people. 

[Note.— See under Directory for Worship, Chaps, iii, iv, v, vi. vii, viii, xiv and xv. 
The subject of collections tor pious uses has occupied much o( the attention of the 
Assemblies for many years. t in 1854 the Assembly, O, S., issued an address at once 
comprehensive and exhaustive. See Baird, pp. 17 l- ISO. See also under Chap, xii, 
Sec. v, on Benevolence and Finance.] 



154 POBM OF GOVERNMENT, CHAP. VIII. 

CHAPTER VIII. 

OF CHURCH GOVERNMENT, AND THE SEVERAL KINDS 
OF JUDICATORIES. 

I. It is absolutely necessary that the government of the church be 
exercised under some certain and definite form. And we hold it to be 
expedient, and agreeable to Scripture and the practice of the primitive 
Christians, that the church be governed by Congregational, Presbyterial, 
and Synodical Assemblies. In full consistency with this belief, we 
embrace, in the spirit of charity, those Christians who differ from us, in 
opinion and practice, on these subjects. 

II. These assemblies ought not to possess any civil jurisdiction, nor to 
inflict any civil penalties. Their power is wholly moral or spiritual, and 
that only ministerial and declarative. They possess the right of requir- 
ing obedience to the laws of Christ; and of excluding the disobedient 
and disorderly from the privileges of the church. To give efficiency, 
however, to this necessary and scriptural authority, they possess the 
powers requisite for obtaining evidence and inflicting censure. They 
can call before them any offender against the order and government of 
the church ; they can require members of their own society to appear and 
give testimony in the cause; but the highest punishment to which their 
authority extends, is to exclude the contumacious and impenitent from 
the congregation of believers. 

1. Union of Church and State disavowed. Relation to the State. 

The Committee to whom was recommitted the report on the reference 
from the Presbyteries of Madison and Lancaster, reported, and their 
report was adopted, and is as follows, viz. : 

That said Presbyteries invite the attention of the General Assembly to 
certain slanderous reports extensively circulated against the Presbyterian 
and other denominations, involving the charge of an attempt on the part 
of these denominations to unite Church and State, and thus subvert the 
civil institutions of our country, and intimate their desire that this 
Assembly would take order on the subject, and by some public act 
disabuse themselves and their constituents of such unfounded and injurious 
imputations. 

In the opinion of your Committee no public act is necessary on the 
part of this Assembly to refute a charge wholly unsupported by testimony 
and facts; nor any exposition of their principles in relation to civil 
magistracy and the claims of the Church demanded, other than that 
contained in our acknowledged ecclesiastical Standards, and published to 
the world. For the better information, however, of any who may be in 
danger of imposition from unfounded statements, the Assembly would 
refer to the following exhibition of their principles as contained in the 
accredited constitution of the Church. 

" God, the supreme Lord and King of all the world, hath ordained 
civil magistrates to be under him over the people, for his own glory and 
the public good, and to this end hath armed them with the power of the 



OF CHURCH GOVERNMENT AND JUDICATORIES. 155 

sword, for the defence and encouragement of them that are good, and 
for the punishment of evil-doers. 

" It is lawful for Christians to accept and execute the office of magis- 
trate, when called thereunto; in the managing whereof, as they ought 
especially to maintain piety, justice, and peace, according to the whole- 
some laws of each commonwealth, so, for that end, they may lawfully, 
now under the New Testament, wage war upon just and necessary 
occasions. 

" Civil magistrates may not assume to themselves the administration 
of the Word and Sacraments; or the power of the keys of the kingdom of 
heaven; or, in the least, interfere in matters of faith. Yet, as nursing 
fathers, it is the duty of civil magistrates to protect the Church of our 
common Lord, without giving the preference to any denomination of 
Christians above the rest, in such a manner, that all ecclesiastical persons 
whatever shall enjoy the full, free, and unquestioned liberty of discharg- 
ing every part of their sacred functions, without violence or danger. 
And, as Jesus Christ hath appointed a regular government and discipline 
in his church, no law of any commonwealth should interfere with, let, or 
hinder, the due exercise thereof, among the voluntary members of any 
denomination of Christians, according to their own profession and belief. 
It is the duty of civil magistrates to protect the person and good name 
of all their people, in such an effectual manner as that no person be 
suffered, either upon pretence of religion or infidelity, to offer any indig- 
nity, violence, abuse, or injury, to any other person whatsoever; and 
to take order, that all religious and ecclesiastical assemblies be held 
without molestation or disturbance. 

"It is the duty of the people to pray for magistrates, to honor their 
persons, to pay them tribute and other dues, to obey their lawful com- 
mands, and to be subject to their authority, for conscience' sake. Infi- 
delity or difference in religion doth not make void the magistrate's just 
and legal authority, nor free the people from their due obedience to him ; 
from which ecclesiastical persons are are not exempted; much less hath 
the Pope any power or jurisdiction over them in their dominions, or over 
any of their people; and least of all, to deprive them of their dominions 
or lives, if he shall judge them to be heretics, or upon any other pretence 
Avhatsoever. ' ' * 

' ' Synods and councils are to handle or conclude nothing, but that 
which is ecclesiastical; and are not to intermeddle with civil affairs 
which concern the commonwealth, unless by way of humble petition, in 
cases extraordinary; or by way of advice for satisfaction of conscience, 
if they be thereunto required by the civil magistrate. " f 

" That God alone is Lord of the conscience, and hath left it free from 
the doctrine and commandments of men, which are in anything contrary 
to his word, or beside it, in matters of faith or worship. Therefore 
they consider the rights of private judgment in all matters that respect 
religion, as universal and unalienable. They do not even wish to see any 
religious constitution aided by the civil power, further than may be 
necessary for protection and security, and at the same time, be equal and 
common to all others. ' ' J 

Such are the constitutional principles of the Presbyterian Church in 
these United States. They were our fathers' principles before and 

* Confession of Faith, Chap, xxiii. t Form of Government, Chap, i, Sec. i.l 

f Ibid., Chap, xxxi, Sec. 4. 



156 FORM OF GOVERNMENT, CHAPS. VIII-IX. 

during the revolution, which issued in the consummation of our liberty 
and independence, and under the influence of which they prayed, and 
fought, and bled, by the side of the father of our country. They have 
been the principles of their descendants ever since. They are our princi- 
ples still, adopted from conviction, to whose support we have pledged 
ourselves under the most solemn sanctions, and by the preservation of 
which We believe that the common interests of evangelical religion and 
civil liberty will be most effectually sustained. 

In closing this statement the Assembly would affectionately and earnestlv 
exhort the members of their communion that in the fulfillment of their 
civil and religious duties they watch against all unhallowed feelings, and 
that they suffer reproach meekly, not rendering railing for railing, nor 
evil for evil, but by patient continuance in well-doing, they commend 
themselves to every man's conscience in the sight of God. — 1830, pp. 
299, 300. [See also Minutes, 1873, pp. 502, 503.] 

2. Right of any judicatory to bear testimony against erroneous and 
injurious publications. 

Resolved, That in the judgment of this General Assembly it is the 
right, and may be the duty, of any judicatory of our Church to take up, 
and if it see cause, to bear testimony against any printed publication 
which may be circulating within its bounds, and which, in the judgment 
of that judicatory, may be adapted to inculcate injurious opinions; and 
this whether the author be living or dead, whether he be in the com- 
munion of our Church or not, whether he be a member of the judicatory 
expressing the opinion or of some other. A judicatory may be solemnly 
called upon to warn the churches under its care, and especially the rising 
generation, against an erroneous book while the author may not be 
within their bounds, or immediately responsible at their bar, and while, 
even if he were thus responsible and within their reach, they might not 
think it necessary to arraign him as a heretic. To deny our judicatories, 
as guardians of the churches, this right would be to deny them one of 
the most precious and powerful means of bearing testimony against dan- 
gerous sentiments, and guarding the children of the Church against 
' ' that instruction which causeth to err. ' ' The writer of such a book 
may reside at a distance from the neighborhood in which his work is 
circulating and supposed to be doing mischief, or he may be so situated 
that, even if it be proper to commence process against him, it may not 
be possible to commence, or at any rate, to issue that process within a 
number of months. In the meanwhile, if the right in question be 
denied, this book may be scattering poison without the possibility of 
sending forth an effectual antidote. Indeed, it may be indispensably 
necessary in cases which may easily be imagined, to send out such a 
warning, even though the author of the book were fully acquitted from 
the charge of heresy. — 1835, p. 485. 

3. Judicial authority cannot be granted to bodies other than those 
established by the Constitution. 

Overture from Rev. John H. Morrison, the Moderator of the Second 
Council of the Presbyterian Alliance of India, asking the Assembly, in 
behalf of the Council: 

1. To recognize its judicial authority, so far as to authorize it to decide 
finally cases of appeal in matters of discipline referred to the Alliance 



OF CHURCH GOVERNMENT AND JUDICATORIES, 157 

by the parties concerned, in accordance with the rules of their respective 
churches, in regard only to native churches, office-bearers, and ministers. 

2. To grant a part of the Church' s outlay in India (the precise portion 
to be settled by correspondence with the Boards of other Presbyterian 
bodies concerned in its support) for the maintenance of an efficient 
theological college at Allahabad, which shall have a staff of at least three 
ordained professors, under the control of the Presbyterian Alliance of 
India, for the training of young men for spiritual work. 

It is not asked, in behalf of the Alliance, that any legislative powers 
should be given them, or any judicial authority to deal with cases of 
heresy, until such times as a common standard of faith and polity has 
been adopted by all the native Presbyterian bodies of India. 

In response to these requests, and in view of the important statements 
made by the Council that the " twelve Presbyterian churches now 
represented in India are all Presbyterian in government and Calvinistic 
in doctrine," 

The Committee recommend: 

1. That this Assembly renew the approval, by the Assembly of 1879, 
of the confederation of the churches and ministers connected with the 
Synod of India, with other similar bodies holding the same faith and 
order, not only so far as regards periodical meetings for friendly consul- 
tation for the advancement of the Redeemer's kingdom in that land, and 
the promotion of brotherly cooperation among the Presbyterian bodies 
in India, but also for the purpose of forming organic relations with each 
other, so soon as, in the providence of God, the way may seem clear for 
more united and efficient work in that great field of Christian evangeli- 
zation. 

2. That this Assembly renew, also, the judgment of the Assembly of 
1879, that, for purposes of representation only, the ministers, both 
foreign and native, connected with the Synod of India, retain their 
connections with their respective Presbyteries, so as to be entitled to vote 
in the appointment of Commissioners to the General Assembly, and so 
as to be able to conduct all their ecclesiastical affairs in a constitutional 
and orderly manner, especially until such times as a common standard of 
faith and polity shall be adopted by the churches represented in the 
Presbyterian Alliance of India. 

3. Inasmuch as the Synods have now been made judicatories of the 
last resort in all cases of appeal " not involving the Constitution or 
doctrine of the Church, ' ' the Committee recommend, that the Assembly 
declare, that the request to confer judicial authority on the Presbyterian 
Alliance, to decide cases of appeal in matters of discipline not involving 
cases of heresy, cannot be granted in accordance with the Constitution. 
Adopted.— 1881, pp. 589, 590. (See 1879, p. 620.) 

[Note. — See under Form of Government, Chap, ix, Sec. i, 1896, p. 147.] 



CHAPTER IX. 

OF THE CHURCH SESSION. 

1. The church session consists of the pastor or pastors, and ruling 
elders, of a particular congregation. 



158 FORM OF GOVERNMENT, CHAP. IX. 

1. A special Session unconstitutional. An offender must be tried by the 
constitutional judicatories. 

a. The Presbytery of Miami did appoint a special Session composed of 
elders belonging to different congregations, for the purpose of trying 
Mr. Lowrey, and the decision of such a special Session was affirmed by 
the Synod of Ohio; therefore, 

Resolved, That the appeal of Mr. Lowrey be sustained, and it hereby 
is sustained ; and that all the proceedings in the case be, and they hereby 
are reversed, on the ground that the appointment of such a special 
Session is entirely unconstitutional; and if Mr. Lowrey has done any- 
thing offensive, he ought to be tried by the courts that have been 
instituted by the Constitution of our Church. — 1823, p. 92. 

b. This Assembly concur in opinion with the last General Assembly, 
that the special Session appointed by the Presbytery of Miami for the 
trial of S. Lowrey was an unconstitutional court, and that all the proceed- 
ings of that body in this case, and of the Presbytery of Miami and of 
the Synod of Ohio, sanctioning the acts of that body, are irregular. 
And the allegation of the Synod in their memorial that this body, though 
called a Session, was, in reality, no more than a Committee of Presby- 
tery, is incorrect, for they are not only denominated a Session, but they 
performed the acts which belong peculiarly to a church Session ; they sat 
in judgment upon a member of the church and an elder, and condemned 
and suspended him; but no Presbytery has authority, according to the 
Constitution of our Church, to delegate to a Committee a power to per- 
form such acts as those. — 1824, p. 115. 

C. The Committee appointed to examine the records of the Synod of 
Ohio reported. The report was adopted, and is as follows, viz. : 

That the minutes be approved to page 191, with the exception of the 
minutes on page 169, where a select Session was appointed by the Pres- 
bytery of Miami, which, in the judgment of the Assembly, was uncon- 
stitutional, and of which the Synod has taken no notice. — 1824, p. 117. 

[Note. — For a special case where a Session could not act because of the relations of 
the only elder to the accused, see above, Chap, v, 11. J 

d. Overture from the Presbytery of Kaskaskia, asking the General 
Assembly to make provision for the calling of special sessions of ruling 
elders from neighboring churches to obviate delays in cases of discipline 
for want of quorums of church Sessions. 

The Assembly can afford no relief of the nature proposed to the 
difficulties contemplated. — 1860, p. 28, O. S. 

[Xote. — See 1 above.] 

2. A Session may consist of foreign missionaries. 

As to the matter of reception and discipline of members, answer is 
made that the Session of each church is vested, under the Form of 
Government, with full power in regard thereto. In the absence of 
ordained elders a Session may consist of the missionaries in charge of the 
work on a foreign field. — 1896, p. 147. 

3. An elder may not adjudicate in any church in which he is not an 

elder. 

Overture No. 14, viz., the following question from the Presbytery of 
Salem, " Has a ruling elder in any case a legal right to adjudicate in 



OF THE CHURCH SESSION. 159 

another church than that of which he is an elder ?' ' was taken up and 
decided in the negative. — 1831, p. 324. 

4. A minister may not sit as a corresponding member of Session nor be 

assigned as counsel for the accused. 

May a Session of a church invite a minister of the Gospel belonging to 
the same Presbytery or Synod to which the church belongs to sit as a 
corresponding member of said Session ? and when so invited, may such 
minister, at the request of an accused brother, be assigned as counsel for 
the accused ? 

The Committee recommended that both questions be answered in the 
negative, and the report was adopted. — 1851, p. 20, N. S. 

[Note. — See the definition of the Church Session, Chap, ix, Sec. i.] 

5. Elders must be ordained. Neglect of ordination invalidates decisions. 

The Committee on Church Polity reported two questions with the 
recommendation that they be answered in the negative : 

a. 1. Is an elder-elect a member of the Session, and competent to sit 
in a judicial case before he has been ordained according to the Form of 
Government ? 

b. 2. Would a decision in a case of discipline, made by a Session 
whose members have never been ordained according to the Form of 
Government, Chap, xiii, be a valid and lawful decision, and binding 
upon the accused. 

The report was adopted. — 1868, p. 58, N. S. 
[Note.— See under Form of Government, Chap, xiii, Sees, iii, iv.] 

II. Of this judicatory, two elders, if there be as many in the congre- 
gation, with the pastor, shall be necessary to constitute a quorum. 
[Note. — See 3. below.] 

1. A minister with one elder, if there be but one, may constitute a 

quorum. 

a. The inquiry, which is in these words, " Can a minister with one 
elder form a Session capable of transacting judicial business ?" is suffi- 
ciently answered in the Constitution, Form of Government, Chap, ix, 
Sec. ii, where it seems to be implied that cases may occur with infant or 
feeble churches, in which it would be impracticable for a time to have 
more than one elder, and yet be necessary to perform acts of a judicial 
character. 

For such the Constitution provides; but if there be more than one 
elder, then two at least, with a minister, are necessary to form a Session. 
—1836, p. 521; 1892, p. 188. 

b. A request from the Presbytery of Muncie, that the Assembly take 
the necessary steps for procuring such an alteration in the Form of Gov- 
ernment, as will enable a minister and one elder to perform Sessional 
acts, when the other elder shall, in the judgment of the Presbytery, be 
from any cause incompetent to act in the case. 

The Committee recommended to the Assembly to adopt the following 
minute: Resolved, That no alteration of our constitutional rules is need- 
ful to secure the ends of discipline, in the premises. The report was 
adopted.— 1852, p. 210, O. S. 



160 

2. A single elder may constitute the Session. 

To advise that, if Mr. Armstrong, as alleged, refuses to act as a 
ruling elder, and has left the church, Mr. Chandler constitutes the 
Session of the First Church of Wilmington, and is entitled to act as 
such.— 1869, p. 911, O. S. 

3. Where elders are non-resident, the remaining' members authorized 

to act. 

Overture from the Presbytery of Wellsborough, asking, " What is 
and will be the legal quorum of the Mt. Jewett Session, where of the 
three elders two are non-resident and their residences unknown, and there 
is no prospect of securing additional elders in the future V ' 

The Committee recommend that the pastor and the one elder actually 
' ' in the congregation ' ' be recognized under existing circumstances, and 
so long as the present condition of affairs may continue, as the legal 
quorum of the Session. See Minutes of the General Assembly, 1836, 
p. 521. Adopted.— 1892, p. 188. 

4. Less than a quorum incapable of any organic act. 

The law of a quorum is not a mere rule of procedure, a provision of 
order, but a matter respecting the very being of the judicatory. Any 
number of members less than a constitutional quorum do not make a 
judicatory, and are not competent to any organic act. — 1861, p. 456, 

N. S. 

[Note.— See also under Form of Government, Chap, x, Sec. vii, 3, a, denning the 
Law of a Quorum.] 

5. Official acts of Session can be performed only when it is regularly 
convened. Prayer in opening and closing recommended. 

The Committee on the Polity of the Church reported: 
Overture from the Stated Clerk, representing the Presbytery of Boul- 
der, inquiring: 

1. Wherein consists the distinction between an " informal" meeting of 
a Session and a ' ' regular ' ' meeting ? 

2. Ought the acts of informal meetings to be entered on the records 
before they have been ratified in a regular meeting ? 

3. Is it regular to receive members to the church, especially on a 
profession of their faith, or to appoint delegates to the Presbytery or the 
Synod, at such informal meetings of Session ? 

4. Ought not the validity of an elder's seat in the superior judicato- 
ries to be determined by the record of his due appointment at a regular 
meeting of the Session; and in the absence of such a record might not 
an elder, in a test case involving important issues, be denied his seat 
constitutionally ? 

5. Ought a Session to send up its records for review without first 
reviewing them itself, and formally ratifying any informal acts at a 
regular meeting ? In particular, is it proper that the last entry should 
be a memorandum acted upon at an informal meeting, which can be 
approved only after the Presbytery has adjourned ? 

The Committee recommends the following answer: 
a. The acts referred to in this overture are properly official acts, 
which the judicatory is competent to perform only when regularly con- 



OF THE CHURCH SESSION. 161 

vened, and making due record of its proceedings. (See Form of Gov- 
ernment, Chap, ix, Sees, i, ii, iii, iv, v, vii, viii. ) 

b. While the act of opening and closing the meetings of a Session 
with prayer is not enjoined by the Constitution, this Assembly, in 
accordance with the views expressed by the Assembly of 1877, judges 
it to be in harmony with the spirit of the Constitution and the prevail- 
ing usage of the Church to observe this solemnity at all meetings of 
record, except that the opening prayer may properly be omitted after a 
divine service. Adopted. — 1884, p. 113. 

6. The Session has discretion as to the circumstances under which a 
meeting should be opened and closed with prayer. 

The Judicial Commission appointed to hear and issue " The complaint 
of the Revs. R. Conover and C. H. Little and Elder W. B. Rundell, 
against the action of the Synod of Illinois, for refusing to sustain the 
complaint of Rev. R. Conover against the action of the Presbytery of 
Bloomington in placing upon the records of various church Sessions at 
their stated meeting, April 15, 1891, exceptions to the records, because 
' they did not always open and close their meetings with prayer,' " 
reports its finding in the case as follows: 

Finding. — The Constitution of the Church requires that every judica- 
tory above the church Session shall be opened and closed with prayer. 

The General Assembly has declared that, " While the act of opening 
and closing the meetings of a Session with prayer is not enjoined by the 
Constitution, it judges it to be in harmony with the spirit of the Consti- 
tution, and the prevailing usage of the Church, to observe this solemnity 
at all meetings of record, except that the opening prayer may properly 
be omitted after a divine service " (1877, p. 575). 

It is obvious, therefore, that the Session has discretion as to the 
circumstances under which any given meeting may be opened and closed 
with prayer. 

This Commission, therefore, find that the complaint is sustained by 
the Constitution of the Church, and the judgment of the Synod is here- 
by reversed. 

The effect of this is to remove the exception placed on the Session 
records, which exception is of the nature of a judicial censure. 

The report was received, and its judgment ordered to be recorded. — 
1892, pp. 212, 213. 

III. The pastor of the congregation shall always be the moderator of 
the Session; except when, for prudential reasons, it may appear advisa- 
ble that some other minister should be invited to preside ; in which case, 
the pastor may, with the concurrence of the Session, invite such other 
minister as they may see meet, belonging to the same Presbytery, to 
preside in that case. The same expedient may be adopted in case of 
the sickness or absence of the pastor. 

1. A pastor-elect not moderator or stated supply by virtue of the call 

in progress. 

Overture from the Presbytery of Erie, presenting two questions: (1) 
When a minister has accepted a call to a congregation, said call having 
11 



162 FORM OF GOVERNMENT, CHAP. IX. 

been placed in his hands by the Presbytery, is he ex- officio moderator of 
the Session of that congregation previous to his installation ? 

The Committee recommend this answer: A pastor -elect is not mod- 
erator ex-officio, as he yet has no official connection with that church. 
But he may become moderator, if a member of the Presbytery under 
whose care the church is, by invitation of the Session or by appointment 
of Presbytery. 

(2) "Is such a pastor-elect stated supply previous to his installation ? 
Or is it in the power of the Presbytery to appoint other supplies ?' ' We 
recommend this answer: He is not stated supply by any virtue of the 
call in progress; and the Presbytery may appoint supplies or give the 
Session permission to supply the pulpit. Adopted. — 1880, p. 45. * 
[Note. — See under Chap, iv, above, p. 147.] 

2. Who may moderate a Session in the absence of a pastor ? 

TNote. — In a case substantially described in the answer given below the Presby- 
tery of the District of Columbia overtured the Assembly for answer to the above 
question. 1 

The Committee recommended the following response, which was 
adopted: 

The question proposed is limited to specified circumstances — namely, 
" In the absence of the pastor," and " the great inconvenience of pro- 
curing a moderator," " having no ordained minister of the same Pres- 
bytery residing within forty miles." 

The Form of Government, Chap, ix, Sec. iii, provides that, in " case 
of the sickness or absence of the pastor," another minister " belonging 
to the same Presbytery ' ' may be invited ' ' to preside. ' ' There is no 
provision for inviting any minister not ' ' belonging to the same Presby- 
tery," to preside over a meeting of the Session, much less any minister 
of the Word. 

Section iv declares it to be " expedient at every meeting of the Session, 
more especially when constituted for judicial business, that there be a 
presiding minister;" but, after providing for a moderator, " where a 
church is without a pastor," and, of course, in the case stated, Sec. iii, 
it adds, " But where it is impracticable, without great inconvenience, to 
procure the attendance of such a moderator, the Session may proceed 
without it." 

The Committee would, therefore, recommend that the answer to the 
overture be : That in cases similar to that stated, the Session, under its 
responsibility to the Presbytery, is the judge of the impracticability of 
procuring a moderator."— 1869, p. 272, N. S. Confirmed 1891, p. 107. 

3. When another minister acts as moderator the pastor is a member of 
the Session and may be appointed a prosecutor. 

Overture from the Synod of Missouri, asking: Is a pastor a member 
of a Session when by the action of Session another minister acts as 
moderator, and is he such a member of the Session that he may be 
appointed by the Session as prosecutor in a trial of a member ? Answer: 
Yes.— 1890, p. 47. 

IV. It is expedient, at every meeting of the session, more especially 
when constituted for judicial business, that there be a presiding minis- 
ter. When, therefore, a church is without a pastor, the moderator of 



OF THE CHURCH SESSION. 163 

the session shall be either the minister appointed for that purpose by the 
Presbytery, or one invited by the session to preside on a particular occa- 
sion. But where it is impracticable, without great inconvenience, to 
procure the attendance of such a moderator, the session may proceed 
without it. 

1. Where a minister is the accuser, a minister should preside. 
After stating the cause and reading the judgment of the Session, and 
the appeal, both parties were fully heard; and the Synod finding, that 
as the Session had not a minister of the Word to preside through the 
course of the trial, and that a minister was the accuser of the appellant, 
it was judged it was at least inexpedient to proceed to trial; and upon 
the whole we think it best, and do remit the matter back to the Presby- 
tery to be heard and judged of by them de novo. — 1773, p. 447. 

2. Moderator usually to be of the same Presbytery. Session cannot 
invite minister of another Presbytery. 

a. From the Presbytery of Tombeckbee, the question: Is it orderly 
that a member of one Presbytery moderate a church Session of another 
Presbytery ? — which question the Assembly answered in the affirmative. 
—1843, p. 198, O. S. 

b. 1. Is it orderly for a Session under the care of one Presbytery, to 
request a minister of another Presbytery to moderate them, without first 
obtaining leave from their Presbytery ? 

2. Is it constitutional for a minister to moderate a Session under the 
care of a different Presbytery from his own, without first asking and 
obtaining leave of the Presbytery having jurisdiction over said Session ? 

Resolved, That the last Assembly, in deciding that a Session may invite 
a minister who is a member of another Presbytery to sit as their moder- 
ator, did not include any of those cases in which it is required either in 
express terms, or by plain implication [Form of Government, Chap, ix, 
Sees, iii and iv] , that the moderator shall be of the same Presbytery as 
the congregation; but are of opinion that in cases of a different kind, 
for which no provision is made, a member of another Presbytery may 
be invited to act as moderator, if it be found to be expedient. — 1844, 
p. 359, O. S. 

C. Overture from the Presbytery of Winnebago, asking: " Is it law- 
ful for the Session of a church that is without a pastor, to invite a minis- 
ter of another Presbytery to moderate its meetings ? ' ' Answer : No. 
(See Digest, 1886, p. 126, a, b, c.) Adopted.— 1891, p. 107. 

V. In congregations where there are two or more pastors, they shall, 
when present, alternately preside in the session. 

VI. The Church session is charged with maintaining the spiritual gov- 
ernment of the congregation; for which purpose they have power to 
inquire into the knowledge and Christian conduct of the members of the 
church, to call before them offenders and witnesses, being members of 
their own congregation, and to introduce other witnesses where it may be 
necessary to bring the process to issue, and when they can be procured 
to attend; to receive members into the church; to admonish, to rebuke, 
to suspend or exclude from the sacraments those who are found to deserve 



164 FORM OF GOVERNMENT, CHAP. IX. 

censure; to concert the best measures for promoting the spiritual interests 
of the congregation, and to appoint delegates to the higher judicatories 
of the Church. 

1. The Session has original jurisdiction over church members. 

a. It [the Assembly] has no power to commence a process of discipline 
with an individual offender. That, by a just and wise arrangement, 
belongs to the Session in the case of a layman, to the Presbytery in the 
case of a minister. — 1856, p. 200, N. S. 

b. Resolved, That the church of Genoa be referred to the minute of 
the Assembly formed in the case of David Price in the year 1825, from 
which it will appear that in the judgment of the Assembly, " an admo- 
nition ' ' was ' ' deserved ' ' by the said Price in consequence of his 
unchristian conduct. And it is the judgment of this Assembly that the 
Session ought immediately to have administered such admonition; that 
they ought still to administer it; and that if the said Price refuse to submit 
to such admonition, or do not thereupon manifest repentance and Chris- 
tian temper to the satisfaction of the church, he ought not to be received 
into the communion of that or any other Presbyterian church. — 1827, 
p. 203. 

C. The Synod [of Genesee] seems to have forgotten the nature and 
limits of its appellate as distinguished from the original jurisdiction in the 
case, in that they censure at their bar the appellant in a way competent 
in any circumstances only to the Session of the church to which the 
appellant was primarily amenable. — 1840, p. 11, N. S. 

d. No vote of the congregation of a Presbyterian church can affect 
the rights of a communing member as such. All such power is vested 
in the Session. — 1866, p. 54, O. S. 

2. The Session has oversight of the conduct of church members. 

Resolved, That this Assembly warns the churches under its care against 
the spirit of worldly conformity now prevailing, and reminds the church 
Sessions that all known departures from the Word of God in all the 
pleasures and duties of private, social and civil life of their members are 
under their supervision. — 1874, p. 85. 

[Note. — See Discipline, Chap, iv, Sec. xviii, last clause.] 

3. The Session has oversight of Young People's Societies. 

The General Assembly heartily commends to the loving sympathy and 
oversight of the pastors, Sessions and Presbyteries of our Church, these 
various Young People's Associations, and recommends especially that 
each Presbytery shall appoint a Permanent Committee to cooperate and 
counsel with them in such ways as the circumstances in each case may 
indicate as being wise and necessary for the highest interests of all 
departments of the Church's work and worship. — 1891, p. 113; 1893, 
p. 127. 

4. Statement of relation between the individual society and the Church. 
This Assembly recognizes as under the jurisdiction of the Church, all 
Young People's religious organizations of every name, which are to be 
found within its churches or composed of the members of its churches. 
The variety in the forms of these organizations cannot affect the substan- 
tial relation which they all alike sustain to the Church in her organized 



OF THE CHURCH SESSION. 165 

capacity. That relation is, in one sense at least, the relation of a child 
to its mother, and involves thereby mutual obligations. The Church in 
her courts owes it to her young people to take account of their aspira- 
tions and activities, and to provide proper media for the exercise of 
these; and the young people, on their part, as members of the Church, 
have a duty of recognizing fully her spiritual authority, implying, as this 
does, her right to advise with them, and to direct their movements. It 
is this authority which unites together all Presbyterian churches into one 
common body, and it must reach to all of its organizations. Such being 
the case, the Assembly deems it unnecessary to prescribe any specific 
form of organization for individual Young People's Societies, while it 
expects them to conform to certain acknowledged principles, both gen- 
eral and particular, as follows: 

In general, these societies are to be organized and to work in con- 
formity with the historic position of the Church as expressed in her 
Standards and interpreted by her courts. This historic position of the 
Church needs to be emphasized to-day with reference to 

a. The reverence due to the Word of God as the infallible rule of 
faith and practice. The Church cannot countenance as teachers of her 
young people any men in whom she could not repose confidence as teach- 
ers of her older people. 

b. The honor due to the Holy Spirit in the development of the Chris- 
tian life, and the emphasis to be placed, under His divine tuition, on the 
spiritual rather than the formal. 

C. The primary authority and inclusive scope of the vows assumed by 
our members, when they unite with the Church. 

d. The chief means for growth in grace and in the knowledge of 
Christ for our young people, as for our older people, are the divinely 
appointed ordinances of the sanctuary, including prayer, praise and the 
reading and preaching of the Word and the administration of the 
sacraments, under the direction of the ordained ministry. 

e. The separation of the Church in its organic capacities from all 
political creeds and all methods of political action. Our Young People's 
Societies may not be utilized for the advancement of any political 
project, however apparently laudable. The Church inculcates upon her 
members the loyal discharge of their responsibilities as citizens, but, in 
political matters, leaves it to the individual conscience to determine as to 
political parties and candidates and platforms. 

The particular relations of all our Young People's Societies to the 
Church are sustained, in the first instance, to the Session of a particular 
church, and thence, through the Session, to the Church at large. Each 
such society is under the immediate direction, control and oversight of 
the Session of that church in which it is formed, and that oversight is 
not merely general, but applies to 

a. The constitution of the Society, which the Session must be careful 
to see is framed in accordance with the general principles named herein- 
before, and the received usages of the Presbyterian Church. 

b. The schedule of its services, including the time of meeting, the 
course of topics, and the general leadership, in order that such services 
may form an integral part of the work and worship of the Church. 

C. The election of its officers to this extent, that each society shall 
submit for the approval of the Session, the list of those whom it has 
chosen, lest unsuitable persons should be placed in positions of influence. 



166 FORM OF GOVERNMENT, CHAP. IX. 

d. The distribution of its funds, that the regular benevolent work of 
the Church, under the care of our Boards, be not allowed to suffer 
through indiscriminate contributions to miscellaneous objects, which 
appeal to individual sympathy. — 1896, p. 62. 

5. Jurisdiction over a suspended member is in the church which 
suspended him. 

Overture from certain members of the Presbytery of Madison. 

We desire to make the following statement and inquiries : 

A person is, we will suppose, under suspension in one of our own 
churches. He removes, and unites, on examination, with another of our 
churches, the Session of the latter one being wholly ignorant of his 
former membership, and, of course, of his suspension. The facts are, 
however, afterward discovered. 

Would this discovery of itself vitiate his second membership, and 
leave him simply a suspended member of the former church ? 

Would unworthiness for church membership, clearly manifested while 
in the latter church, and before said discovery, rightfully add any 
efficacy toward producing this result ? 

To the first of the above questions the Committee recommend an 
answer in the affirmative; to the second, if the question mean whether 
the Session of the second church has jurisdiction in the case of unwor- 
thinesses manifested in the second relation, the Committee recommend an 
answer in the negative; but if the question mean whether the unworthi- 
nesses manifested in the second relation be proper ground of separate 
process by the Session of the first church, the Committee recommend an 
answer in the affirmative. In respect to the whole case the Committee 
agree in the statement following: 

The person, uniting with the second church on examination, unites 
deceptively. So soon as the facts in the case are ascertained by the 
Session of this second church, the proper order of procedure is for this 
Session, after conference with the accused person, to strike his name 
from their roll of church members as not under their jurisdiction, to 
communicate their action to the Session suspending him, with the reasons 
for it, and to request the said Session to proceed against him on separate 
process for duplicity and disorder. 

The reply of the Committee was adopted. — 1866, p. 269, N. S. 
[Note.— See under Book of Discipline, Chap, vii, Sec. xlix.] 

6. The vote of the Session is the reception to membership. It must involve 
baptism. The use and authority of local confessions and covenants. 

The Committee on Bills and Overtures reported on Overture No. 9, 
making inquiry concerning the relation of persons received, by act of 
Session, during the interval of such reception and the subsequent sacra- 
mental Sabbath. The report was adopted, and is as follows: 

In answer to the several questions contained in the above overture, the 
Assembly refers to the Form of Government, Chap, ix, Sec. vi, in which 
the reception of "members into the church," is expressly specified as one 
of the duties and powers of the church Session. For this purpose the 
Session is the church, and its act of admission the act of the church. 
When, therefore, an applicant for admission by letter is received by a 
vote of the Session, he is at once a member of the church, entitled to all 
the privileges, and subject to all the responsibilities, of this relation. 



OF THE CHURCH SESSION. 167 

The same rule equally applies to candidates for admission into the 
church on a profession of their faith. The vote of the Session is the 
essential and final act by which they are thus received, and needs no 
subsequent action of the church to give it reality or validity. The 
administration of baptism according to the Word of God, in the case of 
unbaptized persons, must, of course, be involved in, and attendant 
upon, this Sessional act, either at the time, which would be • entirely 
proper, or at a subsequent period appointed for this purpose. The 
Session, if thus choosing, may prescribe a public profession of faith 
before the whole church as a convenient usage, and for this purpose may 
employ a church confession and covenant. This is the practice with 
many Sessions, and, where this practice is adopted, it is proper that the 
officiating minister or clerk of the Session should report a statement of 
the fact in accordance therewith, and that the report should be formally 
entered upon the record of the Session. 

It is well, however, to remember that the confessions of faith and 
covenants in use among local churches, though regarded by many as 
convenient and useful, and certainly sanctioned by a very prevalent 
usage, are nevertheless not essential to the organization of a church, or 
the establishment of membership therein, since they are not the authori- 
tative standard of faith or practice in the Presbyterian Church. Such 
confessions and covenants, with the accompanying form of a public 
profession, may or may not be used, as shall seem most expedient to the 
Session. Whether used or not, the vote of the Session is, by the con- 
stitution of the Presbyterian Church, the act on which the membership 
depends, and, in all cases, the records of the Session should be made to 
correspond with this fundamental principle of the polity of the Church. 

These principles cover all the points submitted in the above overture. 
Their application is simple, and hence the Assembly sees no occasion for 
giving a more detailed and specific answer to the several questions pre- 
sented for its consideration. — 1865, pp. 22, 23, N. S. 

7. An unbaptized person applying for admission to the church must 

be baptized. 

The Committee on the Polity of the Church reported an overture, 
asking, ' ' Whether a vote of a Session entitles a person to the privileges 
of the church, who is not baptized and has not made a public profession 
of faith. ' ' They recommended the following answer : 

The vote of the Session does not entitle an unbaptized person to the 
privileges of the church, for the reason that baptism, as our Confession of 
Faith declares (Chap, xxviii, Sec. i), is declared to be a sacrament for 
the solemn admission of the party baptized into the visible Church. 

The public profession of one's faith may for sufficient reasons, as our 
Directory for Worship allows, be omitted; but the exceptional case does 
not respect baptism, which precedes the admission of the party to the 
Lord's table. The vote of the Session to this effect must be conditioned 
upon the baptism, and can in no case be a substitute for the sacrament 
itself. 

The report was adopted. — 1867, p. 496, N. S. 

[Note. — See Directory for Worship, Chap, x, Sec. iv.] 

8. Certificate of dismission required. 

Nor can the Assembly forbear to regret that the Session of the 
church of Chillicothe had not acted in a more formal manner in receiv- 



168 FORM OF GOVERNMENT, CHAP. IX. 

ing Mr. McCalla, and had not required a regular certificate of dismission 
from the church to which Mr. McCalla belonged before they received 
him.— 1821, p. 21. 
[Note. — See Book of Discipline, Chap, xii, Sec. cxiv.] 

9. Examination of candidates ought ordinarily to be in the presence 

of the Session. 

[Note.— See Directory for Worship, Chap, x, Sec. iii, and Minutes, 1885, p. 638.] 

10. Members should be received to the church only by a Session 
regularly constituted. 

The Committee to whom was referred the subject involved in so much 
of the records of the Synod of Cincinnati as relates to the admission of 
persons to church privileges at the great meetings common in that region, 
made the following report, which was adopted, viz. : 

a. 1. Resolved, That the order of the churches requires that all per- 
sons making a public profession of religion be introduced to the 
communion of the church only by an individual Session regularly con- 
stituted. 

b. 2. Resolved, That it is the right and duty of Sessions to take the 
exclusive oversight of their respective congregations, and the practice of 
one Session admitting to a Christian profession persons belonging or 
intending to belong to a congregation under the care of another Session, 
is irregular. —1832, p. 373. 

11. Session can receive persons only into the organized church of which 

it is the governing body. 
Overture from the Presbytery of St. Louis, with reference to the 
reception of members into mission organizations or chapels. Recommen- 
dation: The Assembly answers that Sessions cannot receive persons on 
profession of their faith in Christ, or by letter, into any body except 
into the organized church of which any given Session is the governing 
body. Adopted.— 1893, p. 86. 

12. Duty of the Session in the case of those who have joined another 

church and are in other respects irregular. 

A paper from the Presbytery of Detroit, asking : ' ' What course shall 
a Session pursue in regard to a member who has left the church, and 
become a member of another church, without having asked for or 
obtained a letter of dismission ?' ' The Presbytery puts four cases : ( 1 ) 
" Those who have preceded or accompanied their departure to another 
church by absenting themselves from the ordinances of the church to 
which they owe allegiance." (2) " Those who have been guilty of such 
errors in doctrine as amount to heresy ; or such errors in practice as 
amount to practical immorality or apostasy." (3) " Those who, by 
change of conviction, without any such flagrant departure from doctrine 
or morality, have been induced to unite with a church which does not 
hold correspondence with our church. " (4) " Those who have entered 
an organization or endorsed a creed outside of what we recognize as 
evangelical. ' ' 

The Committee would reply that almost every phase of neglect of 
church duty, or departure from church connection, has been acted upon 
by the Assembly before the separation, or by the separate branches 
during the separation, or by the reunited Assembly. The Committee 



OF THE CHURCH SESSION. 169 

would, therefore, recommend that these petitioners be referred to these 
past actions: (1) To the action of the Assembly of 1825, paragraph iii, 
Sees. 3 and 4, pp. 625 and 626, Moore's Digest, 1873; 1886, p. 756. 
(2) Action of the Assembly of 1872, paragraph i, Sees. 3 and 4, 
Moore's Digest, 1873, p. 628; 1886, p. 756. (3) Action of N. S. 
Assembly, 1868, last two sections on p. 130, of Moore's Digest, 1886. 
(4) Action of the N. S. Assembly of 1839, p. 24, Sec. c, on p. 169, 
Moore's Digest, 1886. Adopted.— 1880, p. 45; also 1879, p. 613; 
1828, p. 240. 
[Note.— See Book of Discipline, Chap, vii, on "Cases without process," Sec. Iii.] 

13. Sessions may not receive members of other churches without regular 

dismission. 

The same Committee reported an overture, asking if it be in accord- 
ance with ecclesiastical law and order in the Church, to receive members 
of another church who have not been regularly dismissed, with a view to 
such a change of relation. 

The Committee recommended that, so far as churches in our own 
connection are concerned, the question be answered in the negative, and 
refer to the Book of Discipline (old), Chap, xi, Sec. 1; (new) Sec. 
cxiv. 

The report was adopted.— 1868, p. 58, N. S. 

[Note.— See Book of Discipline, Chap, xii, Sec. cxiv.] 

14. Duty of the Session in case of those who doubt their personal piety. 

[Note— See Book of Discipline, Chap, vii, Sees, xlviii and 1, " Cases without pro- 
cess," and Larger Catechism, Question 172.] 

15. The examination of candidates for admission to sealing ordinances 
should, except in special cases, be in the presence of the Session. 

Your Committee recommend the following action: Inasmuch as the 
members of the Session are the judges of the qualifications of those to be 
admitted to sealing ordinances, and the reception of such is their act, the 
examination of candidates ought manifestly to be in their presence, unless 
in special cases of sickness or other hindrance, when this duty may be 
performed by a Committee under direction of the Session. (See Moore's 
Digest, 1886, p. 130.) Adopted.— 1885, p. 638. 

[Note.— See Directory for Worship, Chap, ix, Sec. iii.] 

16. The Session has no power to prohibit collections ordered by the 

Assembly. 

a. Ordered, That every minister, according to our former agreement, 
propose the collection for the fund to his congregation, and as it is a 
Synodical appointment, it is inconsistent with our Church government 
to be under the check or prohibition of a church Session: they indeed 
may give or withhold their charity, but may not prevent a minister to 
propose it publicly, according to our appointment. Ordered, likewise, 
That every Presbytery take care of the conduct of their members, how 
they observe this agreement previous to their coming to the Synod, and 
that they gather the collection from absent members. — 1755, p. 215. 

b. Whereas, it appears that some of the congregations under the care 
of this Assembly, though duly informed of the injunction made at our 
last sessions respecting the raising of contributions for the support of 
missionaries to the frontiers of the country, have not complied with the 



170 FORM OF GOVERNMENT, CHAP. IX. 

same, the Assembly, therefore, thought proper to continue the above- 
mentioned order, and do hereby enjoin it on all the Presbyteries to give 
particular attention that every congregation raise the specified contribu- 
tion, and that all the contributions be sent forward as soon as possible to 
the treasurer of the General Assembly. — 1790, p. 24. 

17. Representation in the superior courts required. 

a. Mr. McNish's reasons for not bringing an elder or representative 
with him were heard and sustained. 

Mr. Henry's representative of the congregation being absent, and his 
reasons for not coming being inquired into, he said the present condition 
of his people made it necessary that there should be a particular collec- 
tion made by the congregation for defraying the charges of the represen- 
tative to the Presbytery, and it was allowed that there should. 

The reasons of Mr. Pumry's elder's absence were inquired into and 
sustained. — 1716, p. 43. 

b. The Synod do recommend it to the several Presbyteries belonging 
to their body to call those Sessions to account that do not send elders to 
attend upon the Synod and Presbyteries, and to enjoin these Sessions to 
call those elders to account that do not attend upon judicatories, when 
sent by them.— 1753, p. 256. 

18. Attendance on the superior courts enforced. 

Expenses of elders should be paid. 

a. Upon calling over the roll it being found that many of the elders 
have gone home without leaving any reasons for their so doing, the Synod 
do order that such elders as do withdraw from the Synod without leave, 
shall be left to the censure of their Sessions, and report made thereof to 
the next Synod. And the Synod do recommend it to the several con- 
gregations to defray the necessary charges that their elders be at, during 
their attendance upon the Synod. — 1735, p. 117. 

Ruling elders should be called on for reasons of absence. 

b. The records of the Synod of Pittsburgh were approved, with the 
exception, " that ruling elders were not called upon for reasons for 
absence, as in the case of teaching elders. — 1859, p. 531, O. S. 

19. The same elder must represent his church at an adjourned meeting 
who represented it at the stated meeting. 

Exception to the records of the Synod of Columbus, " That on p. 73, 
this minute is made: Your Committee would recommend that Overture 
No. 2, ' Can a Session be represented by a different elder at adjourned 
meetings of Presbytery, be answered in the affirmative. Adopted.' 
This action of the Synod is in direct variance with a deliverance of the 
Assembly of 1827."— 1872, p. 68. 

The deliverance referred to is as follows, viz. : 

Resolved, That in the judgment of this General Assembly, the con- 
struction of the Constitution (Form of Government, Chap, xxii, Sec. i), 
which allows Commissioners, after holding their seats for a time, to resign 
them to their alternates, or which allows alternates to sit for a while and 
then resign their places to their principals, is erroneous; that the practice 
growing out of this construction is inexpedient; and that it ought to be 
discontinued. [Adopted. ] —Minutes, 1827, p. 209, 210. 



OF THE CHURCH SESSION. 171 

20. In appointing delegates to the higher judicatories the Session should 
designate the service to be performed. 

Overture. — A request from the Presbytery of Newton that the Assem- 
bly answer the following questions: 

1. Is a ruling elder, appointed to represent a Session in the Synod, by 
virtue of that appointment also its representative at any adjourned meet- 
ing of his Presbytery which may be held during the intervals of the 
sessions of the Synod ? 

2. May a Session, which has appointed a ruling elder its delegate to a 
stated meeting of the Presbytery, appoint an elder whom it delegates to 
the Synod to represent it, also, at any adjourned meeting of the same 
stated meeting of the Presbytery which may be held during the intervals 
of the Session of the Synod ? 

The Committee recommend the following answer: 

That no rule is laid down in our Standards as to the particular term or 
time of service of delegates appointed by church Sessions to the higher 
judicatories of the Church; and the Committee therefore recommend that 
it be left to each Session to prescribe the particular terms for which, or 
times at which, its delegates shall attend as its representatives in such 
judicatories. Under this view, the first branch of the overture is 
answered in the negative; but the questions involved in both branches are 
subject in each individual case to the control of each Session. — 1878, 
p. 69. 

21. Communion wine : the purest attainable to be used. 

[Note.— See under Directory for Worship, Chap, ix, Sec. v, p. 853.] 

22. Baptism of Roman Catholic converts discretionary. 

[Note. — See Directory for Worship, Chap, vii.] 

23. Discretion of the Session as to women's part in meetings for prayer. 

a. [In 1872 the Assembly was asked to transmit to the Presbyteries 
such rules as would forbid the licensing and ordaining of women to the 
Gospel ministry, and the teaching and preaching of women in our pulpits 
or in the public and promiscuous meetings of the Church of Christ. 

The Assembly reply that there is no necessity for a change of the Con- 
stitution, and refer to the deliverance of 1832 as expressing its judgment. 
—1872, p. 89. 

The deliverance referred to is as follows, viz. :] 

Meetings of pious women by themselves for conversation and prayer, 
whenever they can conveniently be held, we entirely approve. But let 
not the inspired prohibitions of the great apostle of the Gentiles, as 
found in his Epistles to the Corinthians and to Timothy, be violated. 
To teach and exhort or to lead in prayer, in public and promiscuous 
assemblies, is clearly forbidden to women in the holy oracles. — Pastoral 
Letter.— 1832, p. 378; Digest, 1886, p. 304. 

[In reference to this we have the following :] 

b. From the Presbytery of Rock River: " Does the Assembly mean 
to enjoin, that in the regular weekly prayer meetings of the church no 
woman shall speak or lead in prayer ?' ' 

[Referred to a Special Committee, whose report was adopted, viz. :] 
In response to the overture the Assembly expresses no opinion as to the 
Scriptural view of woman's right to speak and pray in the social prayer 



172 FORM OF GOVERNMENT, CHAP. IX. 

meeting, but commits the whole subject to the discretion of the pastors 
and elders of the churches. — 1874, pp. 32 and 66. 

C. Overture from the Presbytery of Zanesville, on the part women may 
take in public and promiscuous assemblies. 

The Committee recommend the following answer: 

1. The Assembly regards all prohibitions contained in God's Word 
as equally binding on the Church to-day as at any period of its history, 
but does not regard the passages cited as forbidding the participation of 
women in certain of the assemblies for worship in the Church. 

2. The extent of this participation, in our judgment, should be left to 
the wise discretion of the pastor and elders in each particular church. 
Adopted.— 1893, p. 114. i 

24. Church music is under the control of the minister and the Session. 

Overture asking the Assembly to reaffirm the action of the Assemblies 
of 1845 and 1858, on the relations of the church Session to the music as 
a part of the worship of God. 

The Committee recommends the following answer: 

This General Assembly hereby reaffirms the action taken by the 
Assemblies of 1845, p. 21, O. S., and 1858, p. 281, O. S., as follows: 

Whereas, By our Constitution (Form of Government, Chap, ix, Sec. 
vi, and Directory for Worship, Chap, iv, Sec. iv) the whole internal 
arrangement of a church as to worship and order is committed to the 
minister and Session; therefore, 

Resolved, That this Assembly do not feel themselves called upon and 
obliged to take any further order on this subject, but leave to each 
Session the delicate and important matter of arranging and conducting 
the music as to them shall seem most for edification, recommending great 
caution, prudence and forbearance in regard to it. Adopted. — 1884, 
p. 115. 

[Note. — See Directory for Worship, Chap, iv, Sec. iv.] 

25. Functions and duties of trustees in their relation to Sessions. 
Overture from the Bloomington Presbytery, with reference to the 
functions and duties of trustees in their relation to Sessions. The Com- 
mittee recommends that this overture be answered by reiterating the 
deliverance of the Assembly of 1874, that " the Constitution of our 
Church charges the Sessions with the supervision of the spiritual inter- 
ests of the congregation and all services and matters pertaining thereto, 
and that any action by the Board of Trustees tending to annul or contra- 
vene in any way such supervision and control is illegal and void." 
Adopted.— 1891, p. 187. See pp. 123 and 125, above. 

26. The Session has exclusive authority over the worship of the Church. 

Resolved, That meanwhile, this Assembly adopt the following deliver- 
ance for the immediate guidance of all our congregations, Sessions, 
deacons, trustees, and inferior judicatories : 

The General Assembly takes notice that the exclusive authority of the 
Session over the worship of the Church, including not only the times and 
places of preaching the Word, but also the music and the use of the 
church buildings, is not sufficiently appreciated by the Church at large, 
and that there are frequent complaints that trustees of congregations 
assume powers and authority, especially over music and the use of church 



OF THE CHURCH SESSION. 173 

buildings, which are not warranted by, but in conflict with, the Consti- 
tution of the Church. 

The Assembly enjoins upon the churches loyal adherence to our Form 
of Government, providing that the authority of the Session over all 
matters of worship is paramount, and at the same time recommends that 
all such questions be treated by the Session with Christian tact and cour- 
tesy, in the spirit of love and forbearance. — 1893, p. 90. 

VII. The pastor has power to convene the session when he may judge 
it requisite; and he shall always convene them when requested to do so by 
any two of the elders. The session shall also convene when directed so 
to do by the Presbytery. 

VIII. Every session shall keep a fair record of its proceedings, which 
record shall be at least once in every year submitted to the inspection of 
the Presbytery. 

1. The records should be full. 

It appearing from the official certificates of the Stated Clerks of all the 
courts below, that important documents in evidence before the Session 
which first tried the case of Beck and McMahon were not sent up to the 
Presbytery and Synod, it is therefore ordered that this case be sent back 
to the Presbytery of Charleston for a new trial, and that the Session of 
the church of Columbia be directed to correct their record, and to send 
to the Presbytery an authentic copy of all the evidence and all the docu- 
ments before them.— 1843, p. 186, O. S. 

[Note. — See Index, " What the Records Must Show."] 

2. Testimony injudicial cases should be engrossed upon the records. 

Also overture from the Presbytery of Catskill, asking whether, in 
cases of judicial process by church Sessions, the testimony of witnesses 
should be engrossed on the book of permanent Record. The Commit- 
tee recommended that the following answer be given: 

The testimony of witnesses, in all cases of judicial process by church 
Sessions, should be engrossed on the book of permanent Records. The 
end to be secured by such a record is indicated in our Book of Discipline, 
(old) Chap, iv, Sec. xxiii, (new) Sec. xxiv, where it is required that 
everything which had an influence on the judgment of the court must be 
exhibited by the record. Files are liable to be separated from the book 
of permanent Records, and nothing but what is contained in the Record 
may be taken into consideration in reviewing the proceedings in a supe- 
rior court. The recommendation was adopted. — 1862, p. 33, N. S. 

[Xote. — See, however, Book of Discipline, Sec. xxiv, which permits Evidence sim- 
ply to be filed.] 

3. Records once approved by a superior judicatory may not be altered 

by the inferior. 

Also overture from the Session of the church of Wabash, Ind., on 
the following questions: 

1. After the records of a church Session have been examined and 
approved by the Presbytery, and those of the Presbytery in like manner 
approved by the Synod, has either the Session or the Presbytery a right 
or any authority to change or erase the record ? 



174 FORM OF GOVERNMENT, CHAP. IX. 

2. If not, has the Session any legal right to make a second record 
declaring the first erroneous and void ? 

The Committee recommended that the following answer be given: 

A record, once approved by a higher court, cannot be altered or 
annulled by a lower one. If there be an error in the record, the 
remedy is to be sought by an application to the highest judicatory that 
has endorsed such mistake. 

The recommendation was adopted. — 1862, p. 34, N. S. 

[Note. — For general rules as to Records, see under Form of Government, Chap, xi, 
Sec. vi, this Digest; and especially as to what is a "fair record of its proceedings;" 
also Book of Discipline, Sec. lxxi, first clause, and Sees, xxiv and xxvii. See also in 
the Index " What the Records Must Show."] 

IX. It is important that every church Session keep a fair register of 
marriages; of baptisms, with the times of the birth of the individuals 
baptized; of persons admitted to the Lord's table, and of the deaths, 
and other removals of church members. 

1. Statistical reports should show only the actual membership. 

Resolved, That the Presbyteries be instructed to institute inquiries 
among the several churches under their care, as to the number of their 
communicants; so that it may be ascertained, that the utmost care has 
been taken to clear their church registers of all deceased, dismissed and 
lost members; and that it may thus be known what is the actual member- 
ship of each of their churches. — 1869, p. 272, N. S. 

[Note.— See Book of Discipline, Chap, vii, Sees, xlviii, xlix.] 

2. Ordained ministers not to be enrolled as members of the church they 

serve. 

Whether ordained ministers of the Gospel ought not to be considered 
church members, and to have their names enrolled on the Sessional 
records of the church, where they are settled as pastors, or stated supplies, 
which question the Committee recommended to be answered in the nega- 
tive. Adopted.— 1843, p. 176, O. S. 

3. The aggregate number of elders and of deacons to be reported. 

The aggregate numbers of the ruling elders, and also of the deacons, 
in the churches are required to be inserted in the Statistical Reports of 
the General Assembly. — 1878, p. 57. 

4. Acting elders only to be reported : all communicants included. 

Overture asking the following questions: 

a. 1. In reporting the number of ruling elders in any church, is the 
number to be that simply of those in active service at the time, or all 
ruling elders who are members of the church ? Answer. Only those in 
active service. 

b. 2. In reporting the number of communicants, are the elders and 
deacons who have been reported in their appropriate columns to be 
included or not ? In other words, is the column for communicants in 
future to be for private members or for all communicants (members and 
officers), excepting ministers ? Answer. All members in communion are 
to be enrolled, including the officers. Adopted. — 1880, p. 56. 



OF THE CHURCH SESSION. 175 

5. Rolls of baptized children, not communicants, to be kept. 

a. From the Presbytery of St. Lawrence in regard to baptized mem- 
bers. The Assembly directs church Sessions to exercise greater care in 
preserving accurate rolls of their baptized members who are not com- 
municants. — 1881, p. 548. 

b. Overture from the Presbytery of St. Lawrence, asking the Assem- 
bly to take such action as may better recognize the relation of baptized 
children to the Church. Your Committee recommend the following 
action by the Assembly: (1) Churches are urged to keep a full and 
permanent roll of all baptized children, and carefully to note their public 
confession of Christ, their passing beyond the watch and care of the 
church, or their removal by death. (2) When parents, with their 
families, are dismissed to other churches, the names of baptized children, 
who have neither come to years of discretion nor become communicants, 
should be embraced in the certificates given. Adopted. — 1882, p. 98. 

6. Annual narrative of the state of religion. 

[Note.— See, also, in this Digest, p. 878.] 

The Church of 

Presbytery of 

Inquiries for the guidance of church Sessions in the preparation of the 
Narrative. 

I. CONGREGATIONAL SERVICES. 

1. To what extent has your congregation been supplied with preaching 
during the year ? 

2. How many services do you usually hold on the Lord's Day, what is 
the nature of these services, and has the attendance been encouraging ? 

3. To what extent are the children and the youth of the congregation 
present at these services ? 

4. What meetings for worship are held on days other than the Lord's 
Day, and is the interest in these meetings well sustained ? 

II. SABBATH-SCHOOLS. 

5. How many Sabbath-schools are there in connection with your con- 
gregation ? 

6. Are they church, union, or mission schools ? 

7. Is the Shorter Catechism regularly taught ? 

8. Are the Westminster Lesson Helps used ? If not, what Helps ? 

9. Has the school a library, and is proper care used in the selection of 
books ? 

10. State what encouragements or discouragements there are in the 
work. 

III. SOCIETIES OF MEN OR WOMEN. 

11. How many of these societies are there in the congregation ? 

12. What objects do they include in their work ? 

13. What services or meetings are held in connection with their work ? 

14. Are these societies prospering and is the result of their work 
encouraging ? 

IV. YOUNG PEOPLE'S SOCIETIES. 

15. What societies for the young are there in the congregation ? 

16. What services are held in connection with these societies ? 



176 FORM OF GOVERNMENT, CHAPS. IX-X. 

17. In what manner and to what extent do these societies further the 
spiritual interests of their members and the general welfare of the con- 
gregation ? 

V. SPIRITUAL CONDITIONS. 

18. Have there been special efforts for the revival of religion during 
the year ? 

19. Has there been any marked religious interest in the congregation ? 

20. Are there any unusual obstructions to the progress of religion in 
your field ? 

21. Are the lives of your church members in harmony with their cove- 
nant obligations and helpful to religion ? 

22. How many have united with your church by profession of faith 
during the past year ? 

VI. BENEVOLENCE. 

23. Does the congregation contribute, according to a definite plan, to 
all the Boards of the Church ? 

24. Is there a growth in giving in accordance with the abilities of the 
church ? 

25. Does the Sabbath -school contribute statedly to the Boards of the 
Church and other benevolent objects ? 

26. To what Boards of the Church do the societies of men and women 
contribute ? 

27. To what Boards do the Young People's Societies contribute ? 

28. Is proper provision made for the poor of the church ? 

VII. FAMILY RELIGION. 

29. Are Christian parents faithful in presenting their children for 
baptism, and are they well instructed in respect to this duty ? 

30. Are the obligations of family worship and the Christian training of 
children urged in public and private instruction ? 

31. Is the Session faithful in its care of " children born within the 
pale of the visible Church and dedicated to God in baptism," and does it 
inform them, " when they come to years of discretion," that " it is their 
duty and their privilege to come to the Lord's Supper ?" (Directory for 
Worship, Chap. x). 

VIII. MISCELLANEOUS. 

32. Are the financial obligations of the congregation met with fidelity ? 

33. Are the temporalities managed by the deacons or by Boards of 
Trustees ? 

34. Is any work done for the judicious advancement, by Christian 
methods, of legitimate measures of moral reform ? 

35. Does the Session exercise due supervision over the Sabbath -school 
and all the societies referred to above ? — 1895, pp. 127-129. 

[Note.— It is not intended that the Narrative shall be restricted to bare and formal 
answers. It should be, however, very concise, consisting of statements of fact rather 
than reflections. Number the paragraphs to correspond with the subjoined topics.] 



OF THE PRESBYTERY. 177 

CHAPTER X. 
OF THE PRESBYTERY. 

I. The Church being divided into many separate congregations, these 
need mutual counsel and assistance, in order to preserve soundness of 
doctrine, and regularity of discipline, and to enter into common measures 
for promoting knowledge and religion, and for preventing infidelity, error, 
and immorality. Hence arise the importance and usefulness of presby- 
terial and synodical assemblies. 

II. A presbytery consists of all the ministers, in number not less than 
five, and one ruling elder from each congregation, within a certain district. 

1. The first presbyteries constituted of ministers. 

a. It having pleased divine Providence so to increase our number, as 
that, after much deliberation, we judge it may be more serviceable to the 
interest of religion, to divide ourselves into subordinate meetings or Pres- 
byteries, constituting one annually as a Synod, to meet at Philadelphia or 
elsewhere, to consist of all the members of each subordinate Presbytery 
or meeting for this year at least : Therefore it is agreed by the Presbytery, 
after serious deliberation, that the first subordinate meeting or Presbytery, 
to meet at Philadelphia or elsewhere, as they shall see fit, do consist of 
these following members, viz. : Masters Andrews, Jones, Powell, Orr, 
Bradner and Morgan. And the second to meet at New Castle or else- 
where, as they shall see fit, to consist of these, viz. : Masters Anderson, 
McGill, Gillespie, Wotherspoon, Evans and Conn. The third to meet at 
Snow Hill or elsewhere, to consist of these, viz. : Masters Davis, Hamp- 
ton and Henry. And in consideration that only our brethren, Mr. McNish 
and Mr. Pumry, are of our number upon Long Island at present, we 
earnestly recommend it to them to use their best endeavors with the 
neighboring brethren that are settled there, which as yet join not with us, 
to join with them in erecting a fourth Presbytery. And as to the time 
of the meeting of the respective Presbyteries, it is ordered that that be 
left to their own discretion. — 1716, p. 45. 

b. Agreed that Messrs. Cross, Gilbert Tennant, Francis Alison, Treat, 
Chesnut, Martin, Beatty, Greenman, Hunter, Ramsey, Lawrence, and 
Kinkead, be the Presbytery of Philadelphia. Agreed that Messrs. John 
Miller, Tuttle, Harris, Henry, and Wilson, be a Lewestown Presbytery, 
and have under their care the congregations in Kent on Delaware, Sussex, 
Worcester, Somerset, Dorset, Queen Anne's, and Kent in Maryland. — 
1758, p. 288. 

Agreed, that Messrs. Craighead, Black, Craig, Miller, Davies, Todd, 
Henry, Wright, Brown, and Martin, in Virginia and southward, be the 
Presbytery of Hanover, to meet for the first time at Mr. Wright' s congrega- 
tion in Cumberland county, on the second Wednesday of July next. — 1758, 
p. 289. 

C. An overture was laid before the Assembly, through the Synod of 
Philadelphia, requesting a division of the Presbytery of Carlisle. 
Whereupon, 

Resolved, That the said Presbytery be divided into two Presbyteries. 
—1765, p. 349. 

[Note.— Carlisle and Huntingdon, 1794, p. 89. See also Columbia, 1802, p. 251; 
Oneida, p. 252; Shenango, 1826, p. 176; Detroit, 1827, p. 206; and the Missionary 

12 



178 FORM OF GOVERNMENT, CHAP. X. 

Presbyteries generally. Later usage is to specify the congregations within the bounds 
assigned. A Presbytery may, however, be formed without any organized churches. 
See 1848, p. 20, O. S.; 1851, p. 35, O. S. But not without a definite territory- 1834, p. 
441. Nor within the bounds of another Presbytery. — 1873, pp. 506, 525.] 

2. The Assembly refuses to erect a Presbytery of less than the constitu- 
tional number. 

Overture from eight ministers and ruling elders in the Indian Territory, 
petitioning for a new Presbytery of that name. The Committee report 
that it does not appear that the number of ministers now constitutionally 
requisite for the formation of a Presbytery are found among the petition- 
ers or in the proposed region. They, therefore, recommend that the 
answer be in the negative. Adopted. — 1871, p. 545. 

3. A Presbytery with less than five ministers dissolved. 
The Presbytery of New Orleans not having had, for several years, the 
constitutional number of ministers, was dissolved, and its ministers and 
churches were ordered to be attached to the Presbytery of Austin. — 1880, 
p. 83. 

4. Mission Presbyteries with less than five ministers may be continued. 

Overture from the Presbytery of Santa Fe, asking for an explana- 
tion of the meaning of Chap, x, Sec. ii, of the Form of Government, as 
recently amended, and specially inquiring whether that section as amended 
contemplates the dissolution of Presbyteries previously organized with less 
than five ministers. 

Your Committee respectfully recommend the adoption of the following 
resolutions : 

1. That the attention of the members of the Presbytery of Santa Fe 
be called to the exact language of the chapter and section referred to, 
which is: "A Presbytery consists of all the ministers, in number not 
less than five, and one ruling elder from each congregation, within a cer- 
tain district. ' ' 

2. This section, as it now reads, does not contemplate the dissolution of 
Presbyteries previously organized in remote and isolated regions with less 
than five ministers. 

3. The attention of the members of the Presbytery of Santa Fe is 
called to p. 143 of Moore's Digest, 1886, where it may be seen that the 
General Assembly is disposed to excuse remote and isolated Presbyteries 
from strict compliance with certain general rules, when it shall appear 
that every reasonable effort has been made to comply with said rules. 

4. The Presbytery of Santa Fe are referred to their Synod for further 
direction as to the general contents of their overture. 

The report was adopted. — 1877, p. 549. 

5. "Elective affinity" Presbyteries condemned. 

Resolved, That the erection of church courts, and especially of Pres- 
byteries and Synods, on the principle of "elective affinity" — that is, 
judicatories not bounded by geographical limits, but having a chief regard 
in their erection to diversities of doctrinal belief and of ecclesiastical 
polity — is contrary both to the letter and the spirit of our constitution, 
and opens a wide door for mischiefs and abuses of the most serious kind. 
One such Presbytery, if so disposed, might in process of time fill the 
whole Church with unsound and schismatic ministers, especially if the 
principle were adopted that regular testimonials must of course secure the 



OF THE PRESBYTERY. 179 

admission of those who bore them into any other Presbytery. Such a 
Presbytery, moreover, being without geographical bounds, might enter the 
limits and disturb the repose of any church into which it might think 
proper to intrude, and thus divide churches, stir up strife, and promote 
party spirit and schism with all their deplorable consequences. Surely a 
plan of procedure in the Church of God which naturally and almost 
unavoidably tends to produce effects such as these, ought to be frowned 
upon, and, as soon as possible, terminated by the supreme judicatory of 
the Church.— 1835, p. 486. 

[Note. — Exceptions were made in behalf of the missionaries among the Indians. 
Minutes 1826, p. 181 ; 1828, pp. 246, 247 ; 1829, p. 259.] 

6. Presbyteries to be denned by geographical lines or lines of travel. 

1 . That each several Presbytery, with the ministers and churches within 
its limits, be defined as to boundaries by geographical lines, or with 
respect to the most convenient lines of travel. — 1870, p. 88. 

7. Presbyteries may not be organized so as to cover the same ground. 

a. A memorial from David M. Wilson, of the Presbytery of Kingston, 
Synod of Tennessee, praying this General Assembly to give an authorita- 
tive deliverance in reference to the right of a Synod to organize a colored 
Presbytery on territory included in Presbyteries already existing. 

The Committee on Polity recommend that this request be not granted, 
and that the authoritative deliverance be made according to the definition 
of a Presbytery, in Chap, x, Sec. ii, of our Form of Government, viz. : 
"A Presbytery consists of all the ministers, in numbers not less than five, 
and one ruling elder from each congregation within a certain district." 
The General Assembly must forbid the organization of more Presbyteries 
than one upon the same ground, allowing no distinctions of race or color 
or language to interfere with the unity and simplicity of that oversight 
which the Constitution of this Church requires. Adopted. — 1873, p. 525. 

b. The Committee (on Polity) would give the same reply to the appli- 
cation for a German Presbytery that was given to the application for a 
colored Presbytery. (See above. ) Adopted. — 1873, p. 539. 

C. The Committee on the Records of the Synod of Tennessee recom- 
mended their approval, except that the organization of a Presbytery as 
authorized by the action of Synod, recorded on p. 361 (see a, above), 
would be irregular, for the reason that the new Presbytery would cover 
territory already belonging to other Presbyteries, and the same territory 
thus come under the jurisdiction of different Presbyteries. Adopted. — 
1873, p. 506. 

8. Presbyteries and Synods in foreign missionary fields. 

The Committee, to whom was referred the report of the Special Com- 
mittee on Missionary Presbyteries and Synods appointed by the last 
General Assembly, presented their report, recommending the adoption of 
the following rules in reference to the formation of Synods and Presby- 
teries in foreign missionary fields: 

I. In regions occupied by the Presbyterian Board of Foreign Missions 
only : 

1. In such regions, Presbyteries, and eventually Synods, may be organ- 
ized, at discretion, if not already organized; under whose care the native 
churches in the missions shall be placed. 



180 FORM OF GOVERNMENT, CHAP. X. 

2. Each Presbytery shall consist of all the ministers, foreign and 
native, not less than five in number, and a ruling elder from each church 
within its bounds. 

3. Such Synod shall regularly send to the General Assembly certified 
copies of their minutes ; and such Presbyteries, narratives of the state of 
religion and statistical reports. 

II. In regions occupied by the Board and by the missions of other 
Presbyterian denominations: 

1. In such regions, missionary churches, Presbyteries, and Synods, 
holding the same faith and order, should be encouraged to enter into 
organic relations with each other for joint work in the common field. 

2. For purposes of representation, however, the ordained ministers, 
foreign and native, connected with the Board of Foreign Missions, if 
sufficient in number, shall, with an elder from each of their churches, be 
regarded as a distinct Presbytery, entitled to appoint Commissioners to the 
General Assembly. 

3. In all organizations constituted on this plan it is understood that no 
allowance is to be given to any departure from the Confession of Faith of 
the Presbyterian churches of Great Britain and America. 

The report was adopted.— 1879, p. 620. 

9. Union Presbyteries in foreign fields. 

a. That the formation of Union Presbyteries in foreign fields jointly 
occupied by organizations in harmony with the reformed system of doc- 
trine and with the Presbyterian polity is encouraged; and that the whole 
subject of the relation of our American ordained missionaries to these 
Union Presbyteries is referred to a Committee of three ministers and two 
ruling elders, whose duty shall be carefully to define the ecclesiastical 
status of such missionaries, and report to the next General Assembly for 
approval. — 1886, p. 54. 

b. On the report of the Committee the following resolutions were 
adopted : 

1. That in order to build up independent national churches holding to 
the Reformed doctrine and the Presbyterian polity, on foreign fields, the 
more general and complete identification of our missionaries with the 
native ministers and churches and other foreign missionaries on these 
fields, is of the most vital importance, and needs to be pushed forward as 
rapidly as is consistent with a due regard to the interests of all parties to 
these unions. 

2. That in countries were it is possible satisfactorily to form Union Pres- 
byteries, the further organization of Presbyteries in connection with this 
General Assembly is discouraged, and in countries where there are now 
Presbyteries in connection with this General Assembly, but where it is 
possible satisfactorily to form Union Presbyteries, it is strongly urged that 
the steps be taken as rapidly as this can wisely be done, to merge the 
membership in Union Presbyteries, and to dissolve the Presbyteries of 
this General Assembly. 

3. That in the case of our ordained foreign missionaries who are not in 
full membership of Union Presbyteries covering the territory where they 
reside, it is urged that so soon as practicable, they become full members ; 
and also that when our foreign missionaries are full members of these or 
as rapidly as they become such, they are urged to ask letters of dismissal 
from their Presbyteries to these Union Presbyteries; and, it is hereby 



OF THE PRESBYTERY. 181 

ordered, that so soon as these letters are accepted, they cease to be regular 
members of these Presbyteries. 

4. That in case any missionary thinks it undesirable to make this trans- 
fer of ecclesiastical membership, the decision as to the question shall be 
left to the home Presbytery to which he belongs; before which body, if so 
desired by it, he shall lay his reasons for the delay ; and the Presbyteries 
are requested to use patience in dealing with such cases. 

5. That each home Presbytery shall from year to year, in its statistical 
report, place on a supplementary roll, to be published with the remainder 
of the report in the Minutes of the General Assembly, the names of all 
ordained missionaries who, having been sent out by it, are still engaged 
in our foreign missionary work, but who, by joining Union Presbyteries 
in harmony with the Reformed doctrine and Presbyterian polity, have 
severed their former membership with the home Presbytery. 

6. That in all regions where, through the organization of Union Pres- 
byteries, there are no Presbyteries in connection with this Assembly, each 
mission organized as such under our Board of Foreign Missions may send 
to the General Assembly an ordained missionary, or ruling elder, as a 
delegate; and the standing rules of the Assembly are hereby so amended 
that such delegate is entitled to sit as an advisory member in the Assem- 
bly, and to speak, under the rules, on all questions, and that his expenses 
from his domicile in this country to and during the Assembly and return, 
shall be met as those of Commissioners out of the funds of the Assem- 
bly; and further that Synods be requested to make a suitable provision 
for a similar representation at their meetings. 

7. That Presbyteries are advised that the rule as to foreign ministers 
who seek to enter our Presbyteries is interpreted, as not applying to mis- 
sionaries who have been placed on the supplementary rolls of Presby- 
teries, and who bring letters of dismissal from Union Presbyteries. - - 
1887, pp. 23, 24. 

10. Ministers without charge are constituent members of Presbytery. 

Are ministers without charges constituent members of our church judi- 
catures, and have they an equal voice with settled pastors and ruling 
elders of congregations in ecclesiastical governments ? 

In the judgment of this Assembly this question is answered affirma- 
tively, Chap, x, Sec. ii, of the Form of Government of the Presbyte- 
rian Church, in these words : ' 'A Presbytery consists of all the ministers 
and one ruling elder from each congregation within a certain district." 
—1816, p. 615. 

11. Elders without charge and membership in Presbytery. 

[Note. — See under Chap, xiii, Sec. viii, p. 541.] 

12. Ministers without charge must unite with the Presbytery within 
whose bounds they reside. 

5. That ministers without charge are required to unite with that Pres- 
bytery, within the geographical limits of which they ordinarily reside, or 
are nearest to, and to which they shall be amenable for the proper 
discharge of their ordination engagements. — 1870, p. 88. 

13. The Presbytery to judge each case of those living out of their 

bounds, 
a. Overture, being a request from the Presbytery of Cleveland: 1. 
That this Assembly lay down some general rule for dealing with those 



182 FORM OF GOVERNMENT, CHAP. X. 

members of Presbyteries who, not actively engaged in the pastoral work, 
neglect to report to their Presbyteries; and, 

2. To lay down some uniform rule concerning those ministers who 
leave the bounds of their own Presbytery and neglect to remove their 
connection, though their residence is permanently fixed within the bounds 
of another Presbytery. The Committee recommend that each such case 
be decided by the Presbytery on its own merits. Adopted. — 1878, p. 57. 

b. Overture from the Presbytery of Philadelphia, in reference to the 
case of Rev. James Smith. 

As the Rev. James Smith, at the time of the reconstruction of our 
Synods and Presbyteries, resided in the territory covered by the Presby- 
tery of Wisconsin River, he should have united with that Presbytery. 
Having failed to do so, and the Presbytery of Philadelphia having 
informed the Presbytery of Wisconsin River of his status at the time of 
the reconstruction, the latter Presbytery should communicate with him as 
to his duty, ascertain why he failed to report to them, and enroll him 
as one of their members. — 1879, p. 612. 

14. Non-residents to be transferred to the Presbyteries within the 
bounds of which they reside. 

The Committee to whom was referred an overture from the Synod of 
Albany, in regard to non-resident members of Presbyteries, made the 
following report, which was adopted, viz. : 

In conformity with the overture from the Synod of Albany, the Com- 
mittee would recommend to the Assembly the adoption of the following 
resolution, viz. : 

Resolved, That it be enjoined on the Presbyteries to inquire carefully 
in regard to any of their members, who may be residing without the 
bounds of their respective Presbyteries, whether there be sufficient cause 
for such non -residence; and if not, that measures be taken to transfer 
the relation of such ministers to the Presbyteries in the bounds of which 
they reside.— 1836, p. 530. 

15. The above rules defined and affirmed. 

The Committee on Bills and Overtures reported back Overture No. 
32, which was adopted as explanatory of principle 5, page 88, of the 
Minutes of the Assembly of 1870, as follows: 

The Assembly, in reconstructing the Church, did, by the act of recon- 
struction, design to return to the exact language of the Form of Gov- 
ernment, which declares that a ' ' Presbytery consists of all the ministers 
and one ruling elder from each congregation within a certain district. 
Ministers residing within the geographical limits of a Presbytery were, 
ipso facto (provided they were in good standing in the Presbytery to 
which they belonged), members of that Presbytery, and should have 
been so enrolled. " 

After the Presbyteries were reconstructed, all ministers uniting with 
them could only be received by regular letters of dismission and recom- 
mendation. 

The Assembly also affirms the duty of ministers to unite with the 
Presbyteries within whose bounds they reside; except where their minis- 
terial labors are in an adjacent Presbytery. — 1872, p. 94. 



OF THE PRESBYTERY. 183 

16. Jurisdiction over members non-resident. 

[Note. — See Book of Discipline, Chap, xi, Sec. ex.] 

III. Every congregation which has a stated pastor has a right to be 
represented by one elder; and every collegiate church by two or more 
elders, in proportion to the number of its pastors. 

1. Collegiate church, denned. 

Overture from a member of the Synod of Pittsburgh, as follows: 

a. Is a church having two pastors, one aged or infirm, the other asso- 
ciate or co-pastor, entitled to two elders in Presbytery and Synod ? Or 
what is the meaning of a <( collegiate church, ' ' in Chap, x, Sec. iii, of 
the Form of Government ? 

The Committee recommended this answer: 

The general principle of our polity is that there shall be in our church 
courts an equal number of ministers and ruling elders. But vacant 
churches are entitled to a representation. The term ' * collegiate church ' ' 
is used in two senses — first, of a church with more than one pastor; 
second, of two or more churches united under the care of one pastor. 

The report was adopted. — 1868, p. 651, O. S. 

b. Overture from the Presbytery of Cleveland in regard to representa- 
tion of collegiate churches. The Committee recommend that no action 
be taken, reference being made to the Digest, 1873, p. 138. Adopted. 
—1874, p. 83. 

[Note.— See below, under Sec. iv.] 

IV. Where two or more congregations are united under one pastor, 
all such congregations shall have but one elder to represent them. 

1. United congregations represented by one elder. 

An overture from the Synod of Mississippi, asking, " When two or 
more congregations have separately called one and the same minister to 
become the pastor of each church, and he accepts these calls, and is 
installed over these congregations as pastor, are these churches entitled 
to one or more elders to represent them in Presbytery ?" The Com- 
mittee recommended the following resolution, which was adopted, viz. : 

Resolved, That the question be answered in the negative. — 1847. p. 
377, O. S. 

[Note. — The meaning of the above is that the united congregations are entitled to 
be represented in Presbytery by one elder.] 

2. Where a minister is pastor of one church and stated supply of 
another each is entitled to be represented. 

Where a minister is at the same time pastor of one church, and acts 
as stated supply of another, has each of said churches a right to be 
represented by its own elder, at the same meeting of the Presbytery or 
Synod ? or does this case come under the rule Chap, x, Sec. iv, Form of 
Government ? 

The Assembly answer, That churches having stated supplies only are 
not such churches as are contemplated in the article referred to, and 
have a right of representation according to the principles of the Form of 
Government, Chap, x, Sec. v. — 1851, p. 15, N. S. ; also 1847, p. 377, 
O. S. 



184 FORM OF GOVERNMENT, CHAP. X. 

3. Churches in different Presbyteries under one pastor, as permitted 

by the Reconstruction Act. 

Overture No. 16, from the Presbytery of Kittanning, asking further 
action from the Assembly in reference to churches in different Presby- 
teries united in one pastoral charge. 

The Assembly judge any additional action upon the subject to be 
unnecessary, as the action of the previous Assembly was intended to 
cover all such cases, and is valid, until repealed. — 1872, p. 86. 

The action referred to is as follows, viz. : 

4. That when two or more congregations, on different sides of a 
Synodical or Presbyterial line, are under one pastoral charge, they shall 
all, for the time, belong to that Presbytery with which the minister is 
connected, but only so long as such pastoral relation continues. — 1870, 
p. 88. 

4. Churches in different Presbyteries, under one pastor, are under the 

care of the Presbytery to which the pastor belongs, while the relation 
continues. 

Overtures from the Presbyteries of Kittanning, Clarion and Blairs- 
ville: " When two churches in different Presbyteries or Synods are so 
situated as to make it apparent to the Presbyteries to which they belong, 
that they should be united in one pastoral charge, the pastoral relation 
may be constituted, and both churches shall, for the time being, be under 
the care of that Presbytery of which the pastor is a member; and this 
Presbyterial relation shall continue only so long as they retain the same 
pastor." The Committee recommend the adoption of the overture. 
Adopted.— 1874, p. 82. 

5. The course to be pursued when the pastoral relation is to be consti- 

tuted over churches in different Presbyteries or Synods. 

Overture from the Presbytery of Cayuga. The following action was 
taken by the General Assembly of 1874 (see Minutes, p. 82): 

" When two churches in different Presbyteries, or Synods, are so situ- 
ated as to make it apparent to the Presbyteries to which they belong that 
they should be united in one pastoral charge, the pastoral relation may 
be constituted; and both churches shall for the time being be under the 
care of that Presbytery of which the pastor is a member, and this Pres- 
byterial relation shall continue only so long as they retain the same 
pastor. ' ' 

The above action is silent as to how and by whom this pastoral relation 
over two churches in different Presbyteries is to be constituted, and as to 
the time when, and the process by which, one of such churches shall be 
transferred to the jurisdiction of the other Presbytery. 

The Presbytery of Cayuga, having experienced certain difficulties in 
carrying out said ' ' action, ' ' and having had our act under it declared 
< ( irregular ' ' by the Synod of New York (see printed Minutes of the 
Synod of New York for 1889, p. 47), respectfully overtures the Gen- 
eral Assembly to take such further action, supplementing the action of 
1874, and in harmony therewith, as shall specifically authorize either of 
the Presbyteries to which the two congregations belong, upon the consent 
and concurrence of the other Presbytery, to constitute the pastoral 
relation over the two congregations; and as shall authorize the Stated 
Clerks of said Presbyteries to transfer, for the time being, either church, 



OF THE PRESBYTERY. 185 

as required, to the roll and jurisdiction of the Presbytery of which the 
pastor is a member. Without presuming to judge the matter, we also 
respectfully suggest that the Presbytery of which the minister is a mem- 
ber, and to the care of which the congregation is to be transferred, is 
naturally the one to constitute, with the consent and concurrence of the 
other Presbytery, the pastoral relation over both congregations. 

Answer : The Committee recommend the following answer as supplemen- 
tal to the action of 1874 (Digest, 1886, p. 491) : 

The Presbytery of which the minister is a member, and to the care of 
which, for the time being, one of the churches is to be transferred, shall 
constitute, with the consent and concurrence of the other Presbytery, 
the pastoral relation over both churches. But the Presbytery from 
which the church is temporarily to be removed, should first authorize the 
transfer of said church, and direct its Stated Clerk to give notice of the 
same both to the church and to the other Presbytery. — 1890, pp. 46, 47. 

V. Every vacant congregation which is regularly organized shall be 
entitled to be represented by a ruling elder in Presbytery. 

1. Every congregation is vacant which has not a pastor duly installed. 

a. Should every congregation be considered as vacant which is not 
united to any minister in the pastoral relation ? and if it should, is not 
every such congregation entitled to be represented by a ruling elder in 
Presbytery ? 

Resolved, That from a comparison of Sees, iii and v, of Chap, x, Form 
of Government, it is evident that every congregation without a pastor 
is to be regarded as a vacant congregation, and consequently, if regu- 
larly organized, is entitled to be represented by a ruling elder in a Pres- 
bytery.— 1843, pp. 190, 196, O. S. 

b. When a domestic missionary has organized in his field of labor two 
or more churches to which he statedly ministers, though not installed as 
pastor over any of them, are these churches to be considered vacant, and 
have they a right each to send an elder to represent them in Presbytery ? 

Answer: That in the cases specified the churches are vacant, and 
entitled to be represented by elders. — 1860, p. 38, O. S. 

[Note. — See iv, above.] 

C. Overture from the Presbytery of Bloomington, asking, " What is 
a vacant church?" Answer: "Every congregation or church is 
vacant which has not a pastor duly installed " (Moore's Digest, 1886, 
p. 139). Adopted.— 1895, p. 102. 

. VI. Every elder not known to the Presbytery shall produce a certifi- 
cate of his regular appointment from the church which he represents. 
VII. Any three ministers, and as many elders as may be present 
belonging to the Presbytery, being met at the time and place appointed, 
shall be a quorum competent to proceed to business. 

1. A quorum may be constituted wholly of ministers, 
a. Resolved, That any three ministers of a Presbytery, being regularly 
convened, are a quorum competent to the transaction of all business, 
agreeably to the provision contained in the Form of Government, Chap. 
x, Sec. vii.— 1843, p. 196, O. S. 



186 FORM OF GOVERNMENT, CHAP. X. 

In answer to memorials on this subject, the Assembly — 
b. Resolved, That the last Assembly, in determining that three minis- 
ters are a quorum of the Presbytery when no ruling elders are present, 
did not detract in any degree from the dignity and importance of this 
office, nor did they question the perfect right or duty of elders to be 
present and take part in all acts of government and discipline, but only 
declared that according to the true intent and meaning of our constitu- 
tional rules, their absence does not prevent the Presbytery from constitu- 
ting and transacting business if three ministers are present; and this 
decision is based upon the fact that ministers are not only preachers of 
the Gospel and administrators of sealing ordinances, but also ruling 
elders in the very nature of their office. — 1844, p. 370, O. S. 

[Note. — Against this action of the Assembly a protest was entered by twenty-eight 
members of the Assembly. For protest and answer see Baird's Digest, revised 
edition, pp. 71-75. The Assembly disavows the charges by the following :] 

C. Resolved, That this Assembly, in reaffirming those decisions of the 
last Assembly which have been called in question, design to maintain the 
purity, order and peace of the Church, and the continued and faithful 
observance of those principles and regulations which have heretofore 
been found to consist with true Christian liberty and secure the common 
welfare of all classes in the Church. Also, they reaffirm and maintain 
the Scriptural authority of the office of ruling elder, and the great 
importance and solemn obligation of the attendance of elders on the 
meetings of the judicatories of the Church, and of their equal participa- 
tion in the exercise of government and discipline. — 1844, p. 371, 0. S. 

2. Less than three ministers cannot be a quorum. 

The records of the Synod of Genesee were excepted to because the 
Synod made two clerical members of a Presbytery a quorum for 
business. — 1857, p. 387, N. S.. 

3. Less than a quorum can do no Presbyterial act other than to adjourn. 
They cannot receive a member, so as to form a quorum. 

The Committee appointed by the last Assembly with reference to a 
Presbyterial quorum presented their report, which was adopted, and is 
as follows : 

The overture is presented in three several branches, and is in the 
following words, viz. : 

1. Has any number of members of a Presbytery less than a quorum 
for the transaction of business, as mentioned in the Form of Government, 
Chap, x, Sec. vii, authority to transact any business except to adjourn ? 
Have they authority to receive members into the Presbytery, to send 
delegates to the General Assembly, etc. ? 

2. And where members received into the Presbytery by a number less 
than a quorum take up charges on ' ' common fame ' ' against a minister 
of the Gospel belonging to such Presbytery, is a trial founded on 
charges so taken up authorized by our Book of Discipline ? 

3. Is a Presbytery duly organized, when the Moderator and Tempo- 
rary Clerk are ministers, who have not been admitted into the Presbytery 
by a quorum for the transaction of business ? And is any business 
transacted by a Presbytery so organized constitutional, especially the 
trial of a minister of the Gospel ? 



OP THE PRESBYTERY. 187 

The Committee are unanimous and unhesitating in the following views, 
presented under the several branches of the overture in their order: 

a. The law of a quorum. 

As to the first branch of the overture: 

The law of a quorum is not a mere rule of procedure, a provision of 
order, but a matter respecting the very being of the judicatory. Any 
number of members less than the constitutional quorum do not make a 
judicatory, and are not competent to any organic act. Nor can they, by 
associating others with themselves, under the pretence or form of receiv- 
ing them as members of the judicatory, make a constitutional quorum. 
Their acts are simply null and void. Ex nihilo nihil fit. This state- 
ment applies to every judicatory in the series from the church Session to 
the General Assembly. 

Any number of persons less than ' ' three ministers and as many elders 
as may be present belonging to the Presbytery," do not constitute a 
Presbytery, and are not competent to do a Presbyterial act. Of course 
they have not ' ' authority to receive members into the Presbytery, ' ' nor 
' ' to send delegates to the General Assembly. ' ' Ministers received by 
them do not thereby become members of the Presbytery, and, if they 
assume to act as such, they are simply aliens and intruders. Commis- 
sioners sent by them to the General Assembly should not be allowed to 
sit, when the facts of their appointment are understood. 

The doings of such a meeting should not have a place on the records, 
But if the Stated Clerk records them, the Presbytery itself, when consti 
tutionally organized, should take action to adopt or disaffirm them; and 
in failure of this, the Synod, under its power of review and control 
should, on inspection of the records, notice the unconstitutional proceed 
ings, and require the Presbytery to make the necessary correction. 

Were it necessary to confirm these positions, it would be sufficient to 
refer to the decision of the General Assembly (Moore's Digest, 1861, p. 
105) in regard to a quorum of Sessions, to the effect, that what is 
' ' necessary to constitute a quorum, " is " necessary to form a Session ;' ' 
and to the deliverance of the Assembly of 1860 (see Minutes, pp. 260, 
261, N. S. ), on an overture respecting certain disorderly proceedings of a 
church, in which the principle is involved and affirmed, that an " uncon- 
stitutional act," is " utterly null and void;" and that " being void," 
it ' ' works no effect. ' ' 

b. Talcing up charges equivalent to entering process. 

As to the second branch of the overture : 

1 ' Taking up charges ' ' is equivalent to ' ' entering process, " or " com- 
mencing process" (cf. Book of Discipline (old), Chap, iii, Sec. v, 
with Chap, v, Sees, ii and v). It is the beginning, or first formal step, 
of a judicial proceeding; and is of course the act of the judicatory. 
Now, all the provisions of the Book of Discipline, in relation to the trial 
of persons subject to the jurisdiction of a judicatory, presuppose and 
assume, that " the charges have been taken up," as well as that every 
subsequent step of the proceedings has been had by the judicatory itself. 
Hence the Book of Discipline does not ' ' authorize ' ' the trial of a 
minister of the Gospel by his Presbytery, ' ' on charges taken up " by 
individuals usurping its prerogatives, but only on charges taken up by 
itself. 



188 FORM OF GOVERNMENT, CHAP. X. 

The Book of Discipline (old), however, prescribes (Chap, vii, Sec. i, 
sub sec. iv) that " no judicial decision of a judicatory shall be reversed, 
unless it be regularly brought up by appeal or complaint." 

The trial of a minister, under the circumstances proposed in the over- 
ture, must be regarded as any other trial, where there has been infor- 
mality or irregularity in the citation, or other preliminary stages of the 
process. The trial, with the judgment based upon it, must be respected, 
until the Synod, as the superior judicatory, shall judge how far the 
irregularity vitiates the proceedings, and defeats the ends of justice, and 
shall annul or confirm the same. 

C. The Moderator and Clerk ministerial officers merely and not necessarily 
members of the judicatory. 

As to the third branch of the overture : 

The Moderator and Clerk are ministerial officers of the judicatory. 
In respect of their office, they are servants merely, and not members of 
the body. 

Of the Clerk, this would seem to be unquestionably true. The Consti- 
tution knows nothing of the Temporary Clerk as distinguished from the 
Stated Clerk. As far as any provision of the ' ' Book ' ' is involved, it is plain 
that a judicatory may select any convenient person, though not a mem- 
ber, to record its transactions, and discharge all other duties pertaining 
to a Clerk. For the part of those duties usually devolved upon the 
Temporary Clerk, we believe, it is no unfrequent thing for a Presbytery 
to employ a licentiate, or other person not a member of the body. 

Nor does the Constitution explicitly, at least, require the Moderator to 
be chosen from the members of the judicatory. It does indeed prescribe 
(Chap, xix, Sec. ii) that, in a certain contingency, " he shall possess the 
casting vote. ' ' And as voting is the act of a member, the implication 
seems to offer itself that the Moderator himself must be a member. But 
against this implication some other facts of the Constitution may be 
cited. Thus (Form of Government, Chap, ix, Sec. iii), there is the 
provision for inviting, in certain contingencies, a minister to moderate 
the church Session, who is not the pastor of the church, and of course 
not a member of the Session ; while the general law of ' ' Moderators ' ' 
(Chap, xix) gives him the casting vote. Then, again, the Form of 
Government (Chap, xii, Sec. vii), prescribes, concerning the General 
Assembly, that " the Moderator of the last Assembly, if present, or, in 
case of his absence, some other minister, shall preside, until a new Mod- 
erator be chosen." Under this provision, it is not necessary that the 
minister called to preside in the Assembly should himself be in commis- 
sion (Moore's Digest, 1861, p. 173). It may be said, that this is 
merely for organization. True. But the whole principle seems to be 
involved. For the time being, one, not a member of the Assembly, is 
its Moderator, and as such has a casting vote on the numberless issues 
that may be raised between the formation of the roll and the choice of a 
new Moderator. And in the former case, pertaining to church Sessions, 
no such limitation for mere organization exists. Hence these two points 
are clearly recognized: 1. That it is not essential to the idea of a Mod- 
erator that he be a member. 2. That the privilege of a casting vote does 
not necessarily imply membership. 

In the United States Senate, we have an instance of the Moderator 
being foreign to the body over which he presides. By the constitution 



OF THE PRESBYTERY. 189 

of the United States, the Senate " shall be composed of two senators 
from each State, ' ' etc. The senators make the whole body ; and yet, by 
the same instrument, the " Vice-President of the United States shall be 
President of the Senate," with a casting vote. In the State of New 
York (as perhaps in other States) the Speaker of the Assembly may 
have two votes, one as a member of the body, and the casting vote 
besides; a fact which rebuts the supposition that the casting vote is an 
incident of membership. 

All this is urged, without respect to the immemorial usage of our 
Church courts, but solely in view of what is essential by the provisions 
of the written constitution and the nature of the subject. 

If these suggestions are sound, then a Presbytery in the position pro- 
posed by the overture is " duly organized," and every business done by 
it is constitutional — quoad hoe. 

2. But, if it be not admitted that the Constitution allows a Presby- 
tery to choose for its Moderator one foreign to its body, it may still be 
said, the selection of officers is a matter relating not to the being of the 
judicatory (like the presence of a quorum), but to its form and order 
merely. An irregularity here does not nullify the body. It is still a 
judicatory, with all the essential elements, and competent for business. 
Its business may be constitutional, though done in an unconstitutional 
way, and liable to correction by a superior judicatory. 

3. Besides, though the persons chosen officers " are ministers who 
have not been admitted into the Presbytery by a quorum," or (which is 
its meaning) have been received by a number less than a quorum, and are 
not thereby constitutionally members, it would still be open to the infer- 
ence, that the Presbytery (with a constitutional quorum), in choosing 
such persons to office, thereby virtually affirmed and adopted the pre- 
vious unconstitutional act, by which they were received into the body, 
made it their own, and made it good. 

Hence, in every view, the Committee are clearly of the opinion that, 
in the case proposed in the third branch of the overture, the answer 
should be, that the Presbytery is " duly (that is, validly) organized," 
and competent to any business, including the trial of a minister of the 
Gospel. 

Still it is obvious, that the presence in the Presbytery of persons re- 
ceived as members by any number less than a quorum, and in virtue thereof 
claiming to exercise the privilege of members (whether chosen to office or 
not), may work great wrong and vexation, by overruling the voice of the 
majority of the lawful members of the judicatory. And every member has 
the constitutional right, in some appropriate way, to cany any grievance 
from this source to the notice of the Synod for correction. We would, 
therefore, qualify the above answer to this branch of the overture, by 
adding, that, however the acts of a Presbytery so organized may be 
irregular, they are not necessarily void and null (as where there is the 
want of a quorum), but voidable only in the judgment of the superior 
judicatory, when brought before it in a constitutional way. — 1861, p. 
455-459, N. S. ; Digest, 1886, pp. 140-143. 

4. Reception of a member by less than a quorum sanctioned by the 

Assembly, as an exceptional case. 

a. Overture from the Presbytery of Santa Fe' on the reception of 
John Annin without a constitutional quorum ; recommending that it be 



190 FORM OF GOVERNMENT, CHAP. X. 

sanctioned, by reason of the singularity of the case. The recommenda- 
tion was adopted. — 1870, p. 49. 

b. A similar case. — Overture from the Presbytery of East Florida, 
with a statement, that owing to the decease of one of their ministers, 
and the removal of another, they were reduced to a membership of only 
two ministers ; and that by the advice of the Stated Clerk of the General 
Assembly, they had at their recent meeting received a third minister, and 
having thus obtained a constitutional quorum, had transacted the busi- 
ness of their stated meeting. 

They ask the Assembly to legalize this proceeding. The Committee 
recommend that the action of the Presbytery of East Florida, in receiv- 
ing the Kev. Matthew L. P. Hill, under the circumstances stated in the 
memorial, be and the same is hereby ratified and confirmed. Adopted. 
—1871, p. 538. 

C. Also legalizing the action of the Presbytery of East Florida, in 
receiving Calvin E. Stowe, D. D. , and Rev. James K. Warner, a quorum 
of members not being present. — 1872, p. 87. 

d. The Presbytery of Montana respectfully represent to the General 
Assembly, that at its late meeting, April 3, 1877, only two ministers 
and two elders were present to constitute the same. Before any business 
was transacted, Rev. John D. Hewitt was received by letter from the 
Presbytery of New Brunswick. After this action, the regular Presby- 
terial business was attended to. Whereas doubt exists whether such 
proceedings were regular according to the rules of the Church, this 
Presbytery respectfully requests the Assembly to affirm this action and 
declare it valid. 

The Committee recommend that, owing to the singularity of the case 
and the difficulty in the way of the members of the Presbytery coming 
together, the request be granted. Adopted. — 1877, p. 529. 

VIII. The Presbytery has power to receive and issue appeals, com- 
plaints and references from church sessions brought before them in an 
orderly manner; and in the trial of judicial cases, the Presbytery shall 
have power to appoint and act by Judicial Commissions ; to examine and 
license candidates for the holy ministry; to ordain, install, remove, and 
judge ministers; to examine and approve or censure the records of the 
church sessions; to resolve questions of doctrine or discipline seriously 
and reasonably proposed ; to condemn erroneous opinions which injure 
the purity or peace of the Church ; to visit particular churches, for the 
purpose of inquiring into their state, and redressing the evils that may 
have arisen in them; to unite or divide congregations, at the request of 
the people, or to form or receive new congregations, and in general to 
order whatever pertains to the spiritual welfare of the churches under 
their care. 

I. TO RECEIVE AND ISSUE APPEALS, COMPLAINTS AND REFERENCES 
FROM CHURCH SESSIONS. 

1. The acts of Presbytery subject to appeal ; but must be obeyed until 

repealed or modified. 
The acts of Presbytery may be appealed from or complained of to a 
higher judicatory; and in the absence of such appeal or complaint they 
are to be respected and obeyed until repealed or modified. 



OF THE PRESBYTERY. 191 

Where complaint against the action of Presbytery is taken to Synod, 
and when no one appears to prosecute such complaint, and the com- 
plaint is dismissed by the Synod, this action of the Presbytery remains 
in full force and effect. — 1896, p. 131. 

[Note. — See under Appeals, etc., Book of Discipline, Chap, vii, Sees, i, iii, iv.] 

II. TO EXAMINE AND LICENSE CANDIDATES FOR THE HOLY MINISTRY. 

1. Licentiates should be regularly received. Caution to be used. 

[Note. — See case of John McClean, 1772, p. 435 ; of Francis Hindman, 1791, p. 37 ; 
and of James McCoy, 1791, p. 38 ; Digest, 1886, pp. 144, 145. Also Form of Government, 
Chap. xiv. Of Licensing Candidates or Probationers to Preach the Gospel.] 

2. Time-limit for licenses. 

The Committee recommend the Assembly to adopt the following rules: 

1. Every license to preach the Gospel shall expire at the end of the 
period of four years, unless the candidate holding the same shall, before 
the expiration of that time, be called to permanent labor in the work of 
the Church. But the Presbytery, under whose care such licentiate may 
be, may, in its discretion, extend his license for the period of one year. 

2. The Presbyteries are enjoined to take the oversight of their licenti- 
ates and their vacant churches, bringing in the one for the supply of the 
other; and, through the Home Missionary Committees of the Synods to 
which the Presbyteries belong, to seek to introduce their candidates to 
the widest fields of labor, and to furnish them full opportunity of practi- 
cally showing their fitness for the Christian ministry. Adopted. — 1872, 
p. 87. 

3. The Assembly's constitutional powers in licensure. 

Overture No. 3, from the Presbytery of Westchester, asking the 
Assembly to determine, 

1. In what way the action of the General Assembly of 1872, in the 
matter of limiting licenses to preach [Digest, p. 401] , shall be applied 
to those who were licentiates at the time such action was taken. 

2. In what sense the words, " extraordinary cases," in the action of 
1873 {Minutes 1873, p. 524), on this subject, are to be understood. 

3. To make an explicit deliverance, as to the powers of the General 
Assembly over the functions of the Presbytery in granting and continu- 
ing licenses to preach the Gospel. 

The Committee recommended the following answer: 

1. The action of the Assembly of 1872 requires, that all licenses then 
in force expire in four years from the date of that action. 

2. The determination of the sense of the words " extraordinary cases, " 
must be left to the Presbytery, in connection with the circumstances of 
each case. 

But it is clear that their reference is to the preparatory studies of the 
candidates, and not to a class who had only a higher usefulness, and not 
the ministry, in view. 

3. The Assembly has no power over the functions of the Presbytery 
in granting and continuing licenses, save that of review and control. — 
1874, p. 81. 

4. Rights and duties of the Presbyteries in licensing candidates. 

While fully recognizing the constitutional right of Presbyteries in the 
matter of licensing candidates for the ministry (Form of Government, 
Chap, xiv), we are nevertheless urgent that Presbyteries have special 



192 FORM OF GOVERNMENT, CHAP. X. 

care of their examinations in subjects required by the Form of Govern- 
ment, Chap, xiv, Sec. iv, and that due respect be given to the deliver- 
ances of the General Assembly in the matter of the education of students 
for the Gospel ministry. — 1896, p. 161. 

III. TO ORDAIN MINISTERS. 

1. Ordination by a Commission of Presbytery. 

[Note. — For cases of ordination, by a Commission see Digest of 1886, pp. 145, 146 
a, 6, c, d.] 

2. Ordination by a Commission unconstitutional. 

a. Overture from the Presbytery of Jersey City, asking the Assembly 
to declare whether a Presbytery has the right to perform the act of 
ordination by a Commission (the examination of the candidate and the 
vote to ordain him having been previously passed in Presbytery). Your 
Committee recommend the following answer: Ordination either by a 
Committee or by a Commission of Presbytery is contrary to the express 
provisions of Chapter xv, Sec. xii, of the Form of Government. 
Adopted.— 1894, p. 76. 

b. Overture from the Presbyterian Mission in Korea, asking for advice 
as to the ecclesiastical power of a Mission. The Committee submits the 
following answer to the said overture: We recommend as answer the 
following: The only recognized authority in the Presbyterian Church in 
matters of licensure and ordination is the Presbytery or a Commission 
duly constituted by a Presbytery. A Mission has no such authority. — 
1896, p. 146. 

3. Ordination on the Sabbath day inexpedient, but left to discretion of 

the Presbytery. 

An overture was received from the Presbytery of Orange, requesting 
the opinion of the General Assembly on the question whether it be 
proper to ordain licentiates to the office of the Gospel ministry on the 
Sabbath day. The General Assembly think it would not be for edifica- 
tion to adopt a uniform rule on the subject. In general they think it 
is not expedient that ordinations should take place on the Sabbath, yet 
that there may be cases in which urgent or peculiar circumstances may 
demand them. The Assembly therefore judged it best to leave it to the 
Presbyteries to act in this concern as they may judge that their duty 
requires. — 1821, p. 10. 

4. Ordination by foreign bodies not approved. 

The Assembly took up the report of the Committee on Overture No. 3, 
which was laid on the table; which being read and amended, was 
adopted, and is as follows, viz. : 

Whereas, Many of the ministers who are to supply the vacant churches 
and destitute places in the more new and growing parts of our Church 
must, for some time to come, continue to be educated in the older sections 
of our country, and at a great distance from the field where they are to 
be employed; and whereas, it is important to the happy and useful 
settlement of these ministers, in their several fields of labor, that they 
should enjoy the full confidence of the ministers and churches among 
whom they are to dwell; and whereas, the ordination of ministers in the 
presence of the people among whom they are to labor, is calculated to 
endear them very much to their flocks, while it gives their fathers and 
brethren in the ministry an opportunity of knowing their opinions and 



OF THE PRESBYTERY. 193 

sentiments on subjects of doctrine and discipline; and whereas, our Form 
of Government seems to recognize the right and privilege of each Presby- 
tery to examine and ordain those who come to the pastoral office 
within their bounds, and who have never before exercised that office ; 
therefore, 

Resolved, 1. That it be earnestly recommended to all our Presbyteries, not 
to ordain, sine titulo, any men, who propose to pursue the work of their 
ministry in any section of the country where a Presbytery is already 
organized to which they may go as licentiates and receive ordination. 2. 
That the several bodies with which we are in friendly correspondence in 
the New England States, be respectfully requested to use their counsel 
and influence to prevent the ordination, by any of the Councils or Con- 
sociations, of men who propose to pursue the work of the ministry within 
the bounds of any Presbytery belonging to the General Assembly of the 
Presbyterian Church ; and that the delegates from this Assembly to those 
bodies respectively be charged with communicating this resolution. — 
1834, p. 428. 

5. Lay ordination invalid. 

a. The Committee to whom was referred Overture No. 15, viz., on 
ordination by a deposed minister or by laymen, made the following 
report, which was adopted, viz. : 

That this paper contains a letter from a minister in South Carolina to 
the Stated Clerk, requesting him to obtain a decision of the General 
Assembly on the question, " whether the ordination of a minister of the 
Gospel by the interposition of the hands of the laity is valid. ' ' That 
the answer to this question should be in the negative is so obvious and 
evident on all correct principles of ecclesiastical order, that your Com- 
mittee are of the opinion that it is unnecessary for the General Assembly 
to give any further consideration to the subject. — 1832, p. 366. 

b. The Committee on Overture No. 3, viz., a question from the Pres- 
bytery of Bethel respecting holding communion with the followers of 
William C. Davis, a deposed minister, and calling themselves Indepen- 
dent Presbyterians, reported that in their judgment the questions proposed 
in said overture ought to be answered in the negative. They therefore 
would recommend the adoption of the following resolution, viz. : 

Resolved, That while this Assembly readily acknowledges the right of 
the Session to determine according to the Scriptures and the Constitution 
of our Church the qualifications for admission to sealing ordinances, yet 
they feel it to be their duty to declare that in their judgment the ser- 
vices of those who have received only lay ordination and of those who 
have been deposed from the Gospel ministry are unscriptural and unwar- 
rantable, and therefore an attendance on their ministrations cannot be in 
the order of the Gospel, and ought to be discouraged and discounte- 
nanced by every friend of the Redeemer's kingdom. — 1833, p. 407. 

6. Ordination procured by fraud valid, but the Presbytery should depose. 

Is the ordination of a minister valid which has been procured by 
forgery and unwarrantable means ? 

Confining the answer of the Assembly to this case as verbally 
explained, this question is answered in the affirmative, but that the 
Presbytery should in such case proceed immediately to depose him. — 
1843, p. 198, O. S. 



194 FORM OF GOVERNMENT, CHAP. X. 

7. Presbyteries only are competent to ordain ministers. 

Overture from the Synod of Western New York, asking if an evan- 
gelist, laboring in a foreign field, where Gospel institutions have not been 
established, is authorized to establish them by organizing churches and 
ordaining ministers, until there shall be a sufficient number of ministers 
to form a Presbytery. Your Committee recommend the adoption of the 
following answer: It is the judgment of the Assembly, without expressing 
any opinion as to whether there should be a constitutional provision to 
meet extraordinary cases in the foreign field, that, under the exist- 
ing law of the Church, Presbyteries only are competent to ordain minis- 
ters; and the Assembly also judges that churches organized in foreign 
missionary fields, where no Presbytery exists, may, with the consent of 
the Synod, be enrolled by the Presbytery to which the missionary on the 
field belongs. Adopted.— 1882, pp. 96, 97. 

[Note. — See also above, p. 192, Sec. 2, b.] 

8. If one who has been deposed, or who has demitted the ministry, is 
restored, he must be reordained. 

Overture from the Presbytery of Schuyler, as follows. : 

Is reordination necessary in the restoration of a deposed minister to the 
sacred office ? And in view of the provisions of the Revised Book of 
Discipline, will reordination be necessary in the restoration to the ministry 
of those by whom the office has been demitted ? 

The Committee recommend the following answer: 

It is the judgment of this General Assembly that when a minister is 
deposed his office is taken from him, he becomes a layman, and, accord- 
ing to the new Book of Discipline, Sec. xliv, he is to be enrolled as a 
communicant in a particular church. Should he be recalled to the 
ministry, therefore, he should be reordained. 

The same course ought to be adopted in the restoration of one who has 
demitted the ministry; inasmuch as the Book of Discipline, Sec. li, 
describes one who has demitted the sacred office as returning " to the 
condition of a private member of the Church." Adopted. — 1884, p. 115. 

[Note.— See Book of Discipline, Chap, vi, Sees, xliv and li.J 

9. Rule in respect to receiving a minister from another denomination. 

a. The consideration of the report of the Committee to which had 
been referred the question of validity of ordination in the case of a 
Baptist elder was resumed, and the report being read was adopted, and 
is as follows, viz. : 

It is not among the principles or usages of the Presbyterian Church 
to consider the ordination of ministers by other Protestant churches as 
invalid ; on the contrary, the Presbyterian Church has always considered 
the ordinations of most other Protestant churches as valid in themselves, 
and not to be repeated when those who have received them become mem- 
bers of the Presbyterian Church. Nor is it perceived that there is any 
sufficient reason why the ordinations in the Baptist Church should not be 
considered as valid, and be sustained as such. 

But while the Presbyterian Church can act as has now been stated in 
regard to ordinations, it is among those principles and usages which she 
regards as most sacred and important, to secure for her churches both a 
pious and a learned ministry, and she cannot admit of any usage or exer- 
cise any apparent liberality inconsistent with security in this essential 



OF THE PRESBYTERY. 195 

particular. On the whole, therefore, the Committee recommend the 
following resolution: 

Resolved, That when applications are made by ministers of the Baptist 
or any other Protestant denomination to be connected with the Presbyte- 
rian Church, the Presbytery to which the applications are made shall 
require all the qualifications both in regard to piety and learning which 
-are required of candidates for licensure or ordination of those who have 
originally belonged to the Presbyterian Church; and shall require the 
applicants from other denominations to continue their study and prepara- 
tion till they are found on trial and examination to be qualified in learn- 
ing and ability to teach in the manner required by our Standards; but 
that when found to be thus qualified, it shall not be necessary to reordain 
the said applicants, but only to install them when they are called to 
settle in Presbyterian congregations. — 1821, p. 23. 

b. Overture. — A request of the Rev. J. G. Monfort that the Assembly 
answer the following question: " Is it the duty of Presbyteries, when 
elders or deacons from the Methodist Episcopal Church apply to become 
ministers in our Church, to recognize their ordination as sufficient, or to 
ordain them as in the case of other candidates ?" 

The Committee recommended that the overture be answered by a refer- 
ence to the action on the subject, of the General Assembly of 1821. 
The report was adopted.— 1852, p. 210, O. S. 

10. The reasons for receiving" an ordained minister from another 
denomination to be recorded. 

The Committee of Overtures brought in the following resolution, 
which, having been read and amended, was adopted, and is as follows, 
viz. : 

Resolved, That in the opinion of this Assembly the decisions of the 
General Assembly in 1792, and referred to by the Assembly of 1800, 
respecting the reordination of ministers regularly ordained in the Meth- 
odist Episcopal Church, and desiring to connect themselves with the 
Presbyterian Church in the United States of America, however expedient 
at the time of its formation, ought not to be considered as a precedent to 
guide the future decisions of the judicatories of this Church; and that 
the Presbyteries under the care of this Assembly, when they receive into 
their connection an ordained minister from any other denomination, be 
careful to record the circumstances of the case and the reasons which 
induced them to receive such ordained minister. — 1810, p. 441. 

11. Leave to ordain refused where there is no Presbytery. 

Overture, a memorial from the Presbytery of New York, referring to 
this Assembly the following case : Application was made 1 to the Presby- 
tery of New York in April to receive by letter from the Presbytery of 
Cincinnati, the Rev. John Beveridge, now a resident of Northern 
Mexico, and to authorize the Rev. Andrew J. Park, now a member of 
the Presbytery of New York, and residing in Northern Mexico, and the 
Rev. John Beveridge, when received by the Presbytery, to ordain to the 
work of the ministry, if the way be clear on examination, Mr. Brigide 
Sepulveda, a converted Roman Catholic priest. 

The Committee recommend the following answer: 

Resolved, That inasmuch as there is no Presbytery, and not a sufficient 
number of ministers of whom to form a Presbytery, in Northern 



196 FORM OF GOVERNMENT, CHAP. X. 

Mexico, such request be not granted. In consideration, however, of the 
urgency and peculiarity of the case, the Board of Foreign Missions are 
hereby instructed to defray the expenses of Mr. Sepulveda's journey to 
and from New York for his ordination by the Presbytery of New York, 
if the way be clear. — 1871, p. 592. 

12. Reception of foreign ministers. The rule. 

[Note. — The original rule on this subject may be found in the Minutes for 1735, 
p. 118. Action was also taken in 1773, p. 448, and 1774, p. 455. In 1784 the matter 
forced itself anew upon the Synod, and particular care was enjoined upon all its 
members, 1784, p. 504. See also Baird's Collection, revised edition, pp. 254, 257. In 
1798, p. 148, the Assembly adopted " regulations intended to embrace and extend the 
existing rules." In 1800 these regulations were modified and amended, and constitute 
the present rule, viz. :] 

I. When any minister or licentiate from Europe shall come into this 
country, and desire to become connected with the Presbyterian Church 
in the United States, he may apply to any Committee appointed to direct 
the services of traveling ministers and candidates; which Committee 
shall inspect his credentials, and, by examination or otherwise, endeavor 
to ascertain his soundness in the faith and experimental acquaintance 
with religion; his attainments in divinity and literature; his moral and 
religious character, and approbation of our public standards of doctrine 
and discipline. If the result shall be such as to encourage further trial, 
said Committee may give him appointments to supply and recommend 
him to the churches till the next meeting of the Presbytery to which 
such Committee belongs. It shall then become the duty of such minister 
or licentiate to apply to that Presbytery, or to any other in whose 
bounds he may incline to labor; provided always that he make his appli- 
cation to the Presbytery at their first meeting after Ins coming within 
their bounds ; and also that, immediately on coming within the bounds 
of any Presbytery, he apply to their Committee to judge of his certificate 
of approbation, and, if they think it expedient, to make him appoint- 
ments; or, if it shall be more convenient, the application may be made 
to the Presbytery in the first instance; but it shall be deemed irregular 
for any foreign minister or licentiate to preach in any vacant church till 
he have obtained the approbation of some Presbytery or Committee of 
Presbytery, in manner aforesaid. 

The Presbytery to which such minister or licentiate may apply, shall 
carefully examine his credentials, and not sustain a mere certificate of 
good standing, unless corroborated by such private letters, or other 
collateral testimony, as shall fully satisfy them as to the authenticity and 
sufficiency of his testimonials. After inspecting any evidences of his 
literary acquirements which may be laid before them, the Presbytery 
shall enter into a free conversation with him, in order to discover his 
soundness in the faith and experimental acquaintance with religion. If 
they shall obtain satisfaction on these several articles, they shall proceed 
to examine him on the learned languages, the arts, sciences, theology, 
church history and government; nor shall they receive him, unless he 
shall appear to have made such attainments in these several branches as 
are required of those who receive their education or pass their trials 
among ourselves. But if, upon the whole, he appears to be a person 
worthy of encouragement, and who promises usefulness in the Church, 
they shall receive him as a minister or candidate on probation, he first 
adopting our Standards of doctrine and discipline, and promising sub- 
jection to the Presbytery in the Lord. During this state of probation he 



OF THE PRESBYTERY. 197 

may preach the Gospel where regularly called, either as a stated or occa- 
sional supply; and if an ordained minister, perform every part of the 
ministerial functions, except that he may not vote in any judicatory or 
accept a call for settlement. 

If the foreigner who shall apply to any Presbytery or Committee, as 
aforesaid, be an ordained minister, such Committee and Presbytery may, 
at their discretion, dispense with the special examination on literature in 
this act prescribed, provided he shall exhibit satisfactory evidence that 
he has received such education, and made such progress in languages, 
arts, and sciences, as are required by the Constitution of our Church as 
qualifications for the Gospel ministry. But in all other respects, the 
examination shall be the same as in the case of a licentiate. 

If from prospects of settlement, or greater usefulness, a minister or 
licentiate under probation in any Presbytery, shall wish to move into the 
bounds of another, he shall receive a dismission, containing a certificate 
of his standing and character, from the Presbytery under whose care he 
shall have been ; which certificate shall entitle him to the same standing 
in the Presbytery into whose bounds he shall come, except that from the 
time of his coming under the care of this latter Presbytery, a whole year 
shall elapse before they come to a final judgment respecting his reception. 

When any foreign minister or licentiate, received on certificate, or 
pursuant to trials in any Presbytery, shall have resided generally and 
preached within their bounds and under their direction, for at least one 
year, they shall cause him to preach before them (if they judge it expe- 
dient), and taking into consideration, as well the evidence derived from 
their former trials as that which may arise from his acceptance in the 
churches, his prudence, gravity, and godly conversation, and from the 
combined evidence of the whole, determine either to receive him, to 
reject him, or to hold him under further probation. In case of receiving 
him at that, or any subsequent period, the Presbytery shall report the 
same to their Synod at its next meeting, together with all the certificates 
and other testimony on which they received him; or, if it shall be more 
convenient, this report may be made to the General Assembly. The 
said Assembly or Synod, as the case may be, shall then inquire into the 
proceedings of the Presbytery in the affair, and if they find them to 
have been irregular or deficient, they shall recommit them to the Presby- 
tery, in order to a more regular and perfect process. But if the pro- 
ceedings had in the Presbytery appear to have been conformable to this 
regulation, they shall carefully examine all the papers laid before them 
by the Presbytery, or which shall be exhibited by the party concerned, 
and, considering their credibility and sufficiency, come to a final judg- 
ment, either to receive him into the Presbyterian body, agreeably to his 
standing, or to reject him. 

In order, however, to facilitate the settlement of foreign ministers as 
soon as may consist with the purity and order of the Church, it is fur- 
ther ordained, that if the proper Synod or the General Assembly are not 
to meet within three months after that meeting of a Presbytery at which 
a foreign minister on probation is expected to be received, the Presby- 
tery may, if they see cause, lay his testimonials before the meeting of 
the Assembly or Synod which shall be held next before said meeting of 
the Presbytery. If this Assembly or Synod shall approve the testimo- 
nials, they shall give the Presbytery such information and direction as 
the case may require, and remit the same to them for final issue. In all 



198 FORM OF GOVERNMENT, CHAP. X. 

other cases, it shall be deemed irregular for any Synod or General As- 
sembly to receive a foreign minister or licentiate, until he shall have 
passed his period of probation, and been received and reported by some 
Presbytery, in manner aforesaid. 

No minister or licentiate, after being rejected by one Presbytery, shall 
be received by another, or if received through mistake or otherwise, he 
shall be no longer countenanced or employed, after the imposition is 
discovered. If, however, any minister or licentiate shall think himself 
aggrieved by the sentence of any Presbytery, he shall have a right to 
carry the matter by complaint to the proper Synod, or to the next Gen- 
eral Assembly, giving notice thereof to the Presbytery during the 
meeting at which the sentence was pronounced, or at the meeting next 
following. 

These regulations and provisions relative to the reception of foreign 
ministers and licentiates are to be considered as coming in place of all 
that have heretofore been established on this subject; and all judicatories 
and individuals under the care of the Assembly are to regard them 
accordingly.— 1800, pp. 200-202. 

13. The rule enforced. 

a. The Committee appointed to examine the records of the Synod of 
Albany recommend that they be approved, " excepting the case of 
receiving a foreign licentiate, by the Presbytery of St. Lawrence, with- 
out laying their proceedings in the case before the Synod or General 
Assembly."— 1822, p. 38. 

b. Papers touching the reception of the Rev. William Windle, a 
foreign minister, to the Presbytery of Philadelphia. 

These were remitted to that Presbytery, inasmuch as no record of its 
proceedings in the case had been placed in the hands of the Committee, 
by which they might ascertain how far the Presbytery has complied with 
the order of the Assembly, in such cases made and provided. — 1852, p. 
221, O. S. 

C. Overture was taken up, viz. : An application from the Presbytery 
of Watertown, for leave to receive Mr. William Lockhead, a foreign 
licentiate, who, after being under the care of the Presbytery of Cham- 
plain for five months, had been dismissed to the Presbytery of Water- 
town, and had been under the care of the latter Presbytery since the 9th 
of February last. The Presbytery of Watertown requests that the 
Assembly will allow them to take into the account, for the term of trial, 
the time which Mr. Lockhead spent on trials in the Presbytery of Cham- 
plain. On this request the Assembly resolved, that the standing rule 
which requires that the foreign licentiate must spend a year in the Pres- 
bytery to which he is dismissed, be not dispensed with. — 1830, p. 299. 

[Note. — See a similar case, 1858, p. 273, O. S.] 

14. Rule applies to minister seeking to be restored. 

A reference from the Presbytery of St. Clairsville, of the case of the 
Rev. Samuel Boyd, who haxing retired in good standing from the 
Presbyterian ministry in Ireland in 1842, on account of a change in his 
views of Infant Baptism, now seeks a restoration to the exercise of the 
ministry among us, inasmuch as he adopts again, with full conviction, 
the whole Confession of our faith. 

The Committee recommended that the Presbytery of St. Clairsville be 



OF THE PKESBYTERY. 199 

instructed to proceed according to the rule relating to foreign ministers, 
the probation of one year commencing at the time of their next stated 
meeting. The recommendation was adopted. — 1849, p. 239, 0. S. 

15. Privilege lost by a return to Europe. 

An application from the Presbytery of Philadelphia for advice and 
direction in the case of Rev. James T. Irvine. Mr. Irvine, after having 
been regularly received, returned to Ireland, and was installed there. 
Afterwards returning to America, the Presbytery asked, " Does Mr. 
Irvine come under the denomination of a foreign minister ?' ' subject to 
the rule as to probation. 

The Assembly replied that he did.— 1848, p. 22, O. S. 

16. Rule repealed as to ministers from the Presbyterian Churches of 

Great Britain. 

Overture on receiving ministers from foreign countries. The Commit- 
tee recommend the adoption of the following : 

Inasmuch as intercourse between the Presbyterian Churches of Great 
Britain and our General Assembly is now much more frequent and 
intimate than in former years, affording the opportunity for mutual 
acquaintance, and knowledge of the character and standing of the min- 
isters in the different Churches of both countries; therefore, 

Resolved, That the regulation requiring ministers coming among us 
from the Presbyterian Churches of Great Britain, to submit to a year's 
probation before maintaining ministerial standing, is no longer necessary, 
and is hereby repealed. Adopted. — 1872, p. 70. 

17. The rule repealed as to the Presbyterian Churches of Canada. 

Overture from the Presbytery of Dayton, asking, " That, inasmuch 
as the intercourse between the Presbyterian Church of Canada and our 
General Assembly is now very direct and intimate, affording us facilities 
for knowing the character and standing of that Church, such action be 
taken by this Assembly as will dispense with the year's probation now 
required of ministers coming to us from that border province. ' ' 

Your Committee recommend the following answer: Inasmuch as the 
rule requiring such probation Jias been repealed as to ministers from the 
Presbyterian Churches of Great Britain (see Moore's Digest, 1886, p. 
159), that said rule be repealed so far as it relates to ministers coming 
from the Presbyterian Churches of Canada. Adopted. — 1883, p. 625. 

[Note. — The rule is enforced as to all other foreign Churches. See Digest of 1886, 
p. 493; Minutes of 1875, p. 506; 1876, p. 80; 1883, p. 626; 1888, p. Ill; 1894, p. 88; 
1895, p. 75 ; 1896, p. 146.] 

18. The rule waived in the case of ministers from Presbyteries in corre- 
spondence with the Assembly. 

[Note — See Digest, 1886, p. 159; Minutes, 1869, p. 281, N. S.] 
IV. TO INSTALL MINISTERS. 

1. The cognizance of settling pastors belongs to Presbytery. 

That it belongs to the Presbyteries to take cognizance of the proceed- 
ings of Sessions and congregations in the important concern of settling 
pastors, and to adopt the most effectual measures on the one hand to 
prevent all undue delay by the Session, or the people, and on the other, to 
prevent all precipitancy in the settlement of any minister, or the adoption 



200 FORM OF GOVERNMENT, CHAP. X. 

of any system of proceedings in the congregation inconsistent with the 
real and permanent edification of the people. — 1814, p. 560. 

2. The Presbytery may refuse to install even where parties are agreed. 

When a congregation and minister agree on the amount of salary to 
be paid and received, and both parties being fully satisfied, request the 
pastoral relation to be constituted according to the order of the Presby- 
terian Church, has Presbytery the right to refuse to install, because, in 
their judgment, the salary is insufficient ? 

Answered in the affirmative.— 1855, p. 272, O. S. ; 1875, p. 510, 
confirms. 

[Note. — See under Form of Government, Chap, xv.] 

3. The Presbytery may refuse to install at its discretion. 
[Where an appeal was brought against a refusal to put a call into the 
hands of the appellant, it was held :] 

That as the General Assembly has repeatedly decided that the Presby- 
teries have discretionary power in such cases (Digest, 1886, p. 694), 
which decisions are clearly in accordance with the Form of Gov- 
ernment (Chap, xv, Sec. ix), the appeal should be dismissed. — 1875, 
p. 510. 

[Note. — See below, Chap, xv, Sec. ix.] 

V. TO REMOVE MINISTERS. 

1. The Presbytery has power to dissolve a pastoral relation at its own 

discretion. 

a. Overture No. 22, from the Synod of Illinois, asking the following 
question, viz. : 

Has a Presbytery the constitutional power to dissolve the pastoral rela- 
tion against the remonstrance of the j>astor and a majority of the church, 
when a large and influential minority of the church request it, by 
petition, and in the judgment of Presbytery the interests of religion in 
that congregation require it ? 

Your Committee beg leave to recommend the following answer, viz. : 

The General Assembly think that the Presbytery has the constitutional 
power to dissolve the pastoral relation, according to Chap, x, Sec. viii, 
and Chap, xvii of our Book; but that great regard ought to be had to 
expediency in all such cases. 

Adopted.— 1860, p. 39, O. S. 

b. To the same question the next year the Assembly answers by 
referring to the above, with the caution, " That such power should in all 
cases be exercised with the greatest caution and discretion, and the 
reasons for such action should be always fully recorded." — 1861, p. 
306, O. S. 

2. A Synod, on appeal, directs the dissolution of the pastoral relation, 

and is sustained. 
Your Commission had this case several days before them, and bestowed 
upon it careful consideration; and have unanimously determined to 
report to the Assembly that the sense of this Commission is, that the 
interests of the church of Hopewell require the dissolution of the 
pastoral relation, and that they agree with the decision of Synod, and 
they recommend the following minute: 



OF THE PRESBYTERY. 201 

This Assembly recognizes the right of each congregation to decide 
whether a pastor is acceptable to them, and the wishes of a majority 
are to be set aside only for weighty reasons; yet such a state of things 
may exist between the pastor and a portion of his people, as shall require, 
for the fair name of religion, that the relation be dissolved. And for 
this reason the appeal and complaint of Joseph Connell against the 
Synod of Pittsburgh is not sustained. — 1868, p. 649, O. S. 

[Note. — See the case in full below, Chap, xvii.] 

3. A pastor may not be dismissed to a body other than that to which his 
church belongs. 

The Committee report Overture No. 2 : " Is a member of Presbytery, 
desirous of withdrawing connection with our Church to a foreign body at 
a distance, entitled to a letter of dismission and recommendation on 
demand, while occupying the position of pastor of one of our churches ?' ' 

The Committee report, that he is not thus entitled. 

The report was adopted.— 1861, p. 471, N. S. 

4. To dismiss by a committee is unconstitutional. 

a. The report of the Committee on the reference from the Presbytery 
of Cayuga relative to the constitutionality of a rule of that body which 
had been laid on the table, was taken up. The rule of the Presbytery 
of Cayuga referred to the Assembly is as follows, viz. : The Moderator 
for the time being and the Stated Clerk, ex-offieio, were appointed a 
Committee to grant letters of dismission to ministers without charge, and 
to licentiates and candidates under the care of this Presbytery, to unite 
with other Presbyteries, and were directed to report at each stated 
meeting. 

In relation to this rule the following resolution, reported by the Com- 
mittee, was adopted, viz. : 

Resolved, That the rule hitherto acted upon by the Presbytery of 
Cayuga is inexpedient and unconstitutional. — 1830, p. 302. 

b. Also Overture No. 16, from the Presbyteries of Steuben ville and 
Washington, asking whether it is competent and constitutional for a 
Presbytery to appoint a Committee to dismiss unsettled ministers, licenti- 
ates and candidates without a call for the body to assemble. This ques- 
tion has already been decided by the General Assembly in the negative. 
(See Minutes of the General Assembly for 1830, p. 302.) 

The report was adopted. — 1865, p. 569, O. S. 

5. Presbytery may not authorize its clerk to grant letters of dismission 
during the intervals of its sessions. 
The same Committee further reported as follows: May a Presbytery 
authorize its Stated Clerk during the intervals of its sessions to grant, at 
their own request, letters certifying the regular standiog and dismission 
of its members to join other ecclesiastical bodies in connection, or corre- 
spondence with the General Assembly ? Answered in the negative. — 
1865, p. 12, N. S. 

VI. TO JUDGE MINISTERS. 

1. The Presbytery alone must judge of the fitness of its members. 

Your Committee doubted the correctness of the order given by the 
Synod to the Presbytery of Geneva, to reconsider their proceedings on 
the subject of the admission of the Rev. Shipley Wells, a constituent 



202 FORM OF GOVERNMENT, CHAP. X. 

member of that Presbytery, which order, though it be not appealed 
from, appears to have given rise to the protest in question. 

The Synod of Geneva were beyond doubt, in the opinion of your Com- 
mittee, competent to censure the Presbytery of Geneva for admitting 
hastily, and on slight evidence, into their body, an unworthy or even 
a suspicious character. But it is, in the opinion of your Committee, 
equally clear, that the right of deciding on the fitness of admitting Mr. 
Wells, a constituent member of the Presbytery of Geneva, belonged to 
the Presbytery itself; and that having admitted him, no matter how 
improvidently, their decision was valid and final. The individual 
admitted became a member in full standing; nor could the Presbytery, 
though it should reconsider, reverse its own decision, or in any way sever 
the member so admitted from their body, except by a regular process. 
Adopted.— 1816, p. 612. 

2. The Presbytery has discretion in receiving members. 

[Note. — See case of Rev. H. E. Mott, received and enrolled by the Presbytery of 
Dubuque. Complaint vs. the Synod of Iowa. ] 

The Assembly fail to discover anything that would indicate that the 
Presbytery of Dubuque has taken any action not justified by its exercise 
of constitutional discretion in the management of affairs within its own 
bounds.— 1889, p. 92. 

3. A Presbytery may reject an applicant. 

A complaint and appeal of Rev. Thomas Ledlie Birch against certain 
proceedings of the Presbytery of Ohio in the case of Mr. Birch, particu- 
larly for refusing to receive him as a member of their body, on the 
ground of a supposed want of acquaintance with experimental religion, 
together with a representation of the congregation of Washington, in the 
bounds of the said Presbytery, on the subject, was brought in by the 
Committee on Bills and Overtures. 

Subsequently Resolved, That no evidence of censurable procedure in 
the Presbytery of Ohio, in the case of Mr. Birch, has appeared to this 
house, inasmuch as there is a discretionary power necessarily lodged in 
every Presbytery to judge of the qualifications of those whom they 
receive, especially with respect to experimental religion. — 1801, pp. 
213, 218. 

4. But not without sufficient reasons. 

a. A complaint was brought in by the Rev. George Duffield against 
the Second Philadelphia Presbytery, that they had, by one of their 
members, obstructed his entrance into a church in this city under their 
care, to which he had accepted a call, and had also refused to receive 
him as a member, although he was dismissed from, and recommended by, 
the Presbytery of Donegal, which was read. 

After having maturely considered this matter, the Synod judge that 
Mr. Duffield has just cause for complaint against the conduct and judg- 
ment of the Second Philadelphia Presbytery, w T ho ought to have admitted 
him to membership with them, and allowed him a fair trial ; wherefore 
we now declare him to be minister of the Pine Street or Third Presby- 
terian congregation in this city, and order that he be put upon the list of 
the aforesaid Presbytery. — 1773, p. 446. 

b. Resolved, That the appeal of the Presbytery of Abingdon from 
the decision of the Synod of Virginia, in the case of the Rev. Robert 



OF THE PRESBYTERY. 203 

Glenn, be dismissed, on the ground that the substantial cause of appeal 
has been removed by the act of that Presbytery, in their receiving Mr. 
Glenn, in conformity with the decision of the Synod. The appeal was 
accordingly dismissed. — 1822, p. 55. 

5. Rule as to a member of an extinct Presbytery, charged with an 

offence. 

The Committee appointed to consider the overture sent up by the Pres- 
bytery of Baltimore respecting the course proper to be pursued by a 
Presbytery when a minister with a certificate of good standing from a 
Presbytery which has no longer any existence applies for admission, but 
is supposed to be chargeable with some offence subsequently to the date 
of that certificate, made the following report, which was adopted, viz. : 

That after the most attentive consideration of the question presented 
in said overture, it appears to them that the proper answer is embraced 
in the following particulars, viz. : 

1. It is well known that the Book of Discipline of our Church 
expressly provides that when a minister shall be dismissed by one Presby- 
tery with a view to his joining another, he shall always be considered as 
remaining under the jurisdiction of the Presbytery which dismissed him 
until he actually becomes a member of another. In the case stated in 
the overture, however, as the dismissing Presbytery had become extinct, 
it was physically impossible to act according to the letter of this rule. 
In these circumstances every principle of sound interpretation seems to 
direct that in ordinary cases the Presbytery into which admission is 
sought should receive the applicant, and if he be charged with any 
offence, conduct the process against him. 

2. Nevertheless, it is the privilege of every Presbytery to judge of the 
character and situation of those who apply to be admitted into their 
own body, and unless they are satisfied, to decline receiving the same. 
A Presbytery, it is true, may make an improper use of this privilege, in 
which case the rejected applicant may appeal to the Synod or the Gen- 
eral Assembly. 

3. When any minister dismissed in good standing by an extinct Pres- 
bytery is charged with an offence subsequently to the date of his dismis- 
sion, the Presbytery to which he applies for admission not only may, if 
they see cause, decline receiving him, but if their own situation be such, 
that there is no prospect of their being able to conduct process against 
him in an impartial and efficient manner, ought to decline admitting 
him into their body. 

4. In this case ministers dismissed by an extinct Presbytery and not 
received into any other are to be considered as under the direction of 
their proper Synod, and ought to be disposed of as the Synod may order. 
—1825, pp. 146, 147. 

[Note. — See Book of Discipline, Chap, xi, Sec. cxiii.] 

6. How ministers and licentiates from corresponding bodies are to be 

received. 

The Committee appointed by the General Assembly of 1829, to con- 
sider and report to the Assembly of 1830 on the manner in which minis- 
ters and licentiates are to be received into any of our Presbyteries from 
ecclesiastical bodies in the United States which correspond with this 
General Assembly, made the following report, which was adopted, viz. : 



204 FORM OF GOVERNMENT, CHAP. X. 

That in their judgment every licentiate coming by certificate to any 
Presbytery in connection with the General Assembly from any portion of 
a corresponding ecclesiastical body, should be required to answer in the 
affirmative the constitutional questions directed by Chap, xiv of our 
Form of Government, to be put to our own candidates before they are 
licensed; and that in like manner every ordained minister of the Gospel, 
coming from any Church in correspondence with the General Assembly 
by certificate of dismission and recommendation, should be required to 
answer affirmatively the first seven questions directed by Chap, xv of 
our Form of Government to be put to one of our own licentiates when 
about to be ordained to the sacred office. 

The course which is thus recommended by the Committee they believe 
has been generally practiced by our Presbyteries, and the impropriety of 
admitting strangers into our connection on other terms than our own 
licentiates and ministers is too obvious to require remark. It is the assent 
of licentiates and ministers to these questions which brings them under 
the watch and care of the Presbyteries which receive them, and without 
which they ought not to enjoy the privileges of preachers of the Gospel 
in our ecclesiastical connection. — 1830, p. 287. 

7. Ministers dismissed in good standing should be received on their 

testimonials. 

Resolved, That a due regard to the order of the Church and the bonds 
of brotherhood require, in the opinion of this Assembly, that ministers 
dismissed in good standing by sister Presbyteries should be received by the 
Presbyteries which they are dismissed to join, upon the credit of their 
constitutional testimonials, unless they have forfeited their good standing 
subsequently to their dismissal. — 1834, p. 440. 

[Note.— See next below.] 

8. The right of Presbytery to satisfy itself. 

a. Resolved, That in the judgment of this General Assembly, it is the 
right of every Presbytery to be entirely satisfied of the soundness in the 
faith, and the good character in every respect, of those ministers who 
apply to be admitted into the Presbytery as members, and who bring 
testimonials of good standing from sister Presbyteries, or from foreign 
bodies with whom the Presbyterian Church is in correspondence. And 
if there be any reasonable doubt respecting the proper qualifications of 
such candidates, notwithstanding their testimonials, it is the right and 
may be the duty of such a Presbytery to examine them, or to take such 
other methods of being satisfied in regard to their suitable character as 
may be judged proper, and if such satisfaction be not obtained,* to 
decline receiving them. In such case it shall be the duty of the Presby- 
tery rejecting the applicant to make known what it has done, to the 
Presbytery from which he came, with its reasons, it being always under- 
stood that each Presbytery is in this concern, as in all others, responsible 
for its acts to the higher judicatories. — 1835, p. 485. 

Note. — As matters of information, the following deliverances are inserted.] 

b. This Assembly do now render it imperative on the Presbyteries to 
examine all w T ho make application for admission to their bodies at least 
on experimental religion, didactic and polemic theology and church 
government. — 1837, p. 579. 



OF THE PRESBYTERY. 205 

C. Whereas, It is the inherent right of Presbyteries to expound and 
apply constitutional rules touching the qualifications of their own mem- 
bers, therefore, 

Resolved, That the action of the last Assembly making it imperative 
on the Presbyteries to examine all who make application to their bodies, 
not excepting ministers coming from other Presbyteries, is null and 
void.— 1838, p. 660, K S. 

9. The right of Presbytery to examine ministers applying for admission 

recognized by both Assemblies. 

It is agreed that the Presbyteries possess the right to examine minis- 
ters applying for admission from other Presbyteries : but each Presbytery 
shall be left free to decide for itself when it will exercise the right. — 
1868, p. 629, O. S.; 1868, p. 32, N. S. 

10. Examination of a minister bringing a letter from another Presbytery 

discretionary. 

When a minister brings a certificate of dismission in good and regular 
standing, and a recommendation from one Presbytery to another, has the 
Presbytery to which he comes a right to require him to submit to an 
examination before receiving him ? Recommended that the matter be 
left to the Presbyteries, as the rightful judges of the qualifications of 
their own members. Adopted. — 1880, p. 56. 

11. A Presbytery may not give a qualified dismission nor receive a 
minister except on a letter of dismission. Where reception is void, 
the name should be stricken from the roll. 

Can a Presbytery, under any circumstances, rescind its action in the 
reception of a member ? The Committee recommends the following 
answer : 

It appears in the case referred to in this overture that a minister, 
having taken a qualified letter of dismission from his Presbytery, was 
received by the Presbytery to which he was dismissed upon other testi- 
monials. 

It is the opinion of this Assembly, 

1. That no Presbytery has the right to grant qualified letters of 
dismission to any of its members. 

2. That no Presbytery can receive a minister except upon a letter of 
dismission from the Presbytery to which he belongs (Discipline, Sec. 
cxv). 

3. That the action of the Presbytery in the case referred to, in receiv- 
ing said minister, being void, the proper course would have been to strike 
his name from the roll, and notify the Presbytery to which he belonged 
of his irregularity. 

The report was adopted.— 1869, p. 922, O. S. 

12. Ministers from other denominations to be carefully examined 

in theology. 

a. Resolved, That the Presbyteries be enjoined, when dealing, with 
applications from ministers of other denominations for admission into our 
Church, to demand of such applicants evidence of having had a course 
of collegiate and theological instruction equivalent to that demanded in 
the case of candidates for the ministry under the care of our Presby- 



206 FORM OF GOVERNMENT, CHAP. X. 

teries; and that such applicants shall be subject to a particular and careful 
examination in theology. — 1880, p. 85. 

b. As to ministers " from other denominations," the General Assem- 
bly having had no care or supervision of their theological instruction, 
requires an examination as to their change, and reasons therefor, of 
conviction in doctrinal belief and in the Form of Church Government, 
and of their approval of and sincere acceptance of the Standards of the 
Church. -1896, p. 161. 

13. A Presbytery may not restore a minister deposed by another. 

Also, a memorial of the Rev. George D. Stewart and others, that the 
General Assembly would take action and give relief in the case of Rev. 
Michael Hummer, who, having been deposed by the Presbytery of Iowa, 
had been restored by the Presbytery of Highland, against the remon- 
strance of the Presbytery of Iowa, just as if he was an independent 
minister. 

It is recommended that this General Assembly declare that it is irregu- 
lar and unconstitutional for any Presbytery to receive and restore a 
member of another Presbytery who has been deposed; and therefore the 
action of the Presbytery of Highland in restoring Mr. Hummer was 
improper; and the Presbytery of Highland is directed to reconsider its 
action, and proceed according to the requirements of the Constitution. 

The report was adopted. —1862, p. 608, O. S. ; confirmed, 1883, p. 628. 

14. A minister who has withdrawn can be restored only by the Pres- 
bytery from which he withdrew. 

Mr. David Austin, who had been formerly a member of the Presby- 
tery of New York, and had withdrawn from the Presbytery and the 
Presbyterian Church, appeared before the Assembly and renewed his 
request of last year to be again received into ministerial communion and 
regular standing in the Presbyterian Church. Mr. Austin, having been 
fully heard in support of his petition, withdrew; when the Assembly, 
after maturely considering the case, 

Resolved, That as it would be disorderly for this Assembly to restore 
Mr. Austin to his standing in the Presbyterian Church in the form in 
which it is sought by him, inasmuch as he withdrew from the Presbytery 
of New York, against whom he makes no complaint, and to whom, of 
course, he ought to apply, so this Assembly, in the course of the discus- 
sion had on the subject of Mr. Austin's application, have had before 
them sufficient evidence that it is inexpedient at present to recommend 
his reception by any judicature of this Church. Yet the Assembly are 
willing to hope that the time may come when the restoration of Mr. Austin 
to his former standing may take place to his own satisfaction and the 
edification of the Church.— 1802, p. 238. 

15. The name of a suspended minister is to remain upon the roll. 

a. The records of the Synod of Northern Indiana approved except that 
on page 54, the Synod censure the Presbytery of Michigan for retaining 
the name of Mr. Nicoll on the roll after suspending him from the Gospel 
ministry. Your Committee are of the opinion that the name of a sus- 
pended minister should be retained on the roll of Presbytery till they 
proceed to the higher censure, though he be deprived of the exercise of 
his ministerial functions. 



OF THE PRESBYTERY. 207 

The report was adopted.— 1847, p. 398, O. S. ; confirmed, 1882, p. 96. 

b. Overture from the Presbytery of Redstone, asking if it is proper 
to remove the name of a suspended member of the Presbytery from its 
roll, and place it in a private register. Your Committee recommend 
that this overture be answered in the negative (Digest, 1886, p. 160, 
Sec. 39).— 1882, p. 96. 

16. Deposition does not necessarily infer also excommunication. When 
both are intended, it should be so expressed. 

a. The Committee to which was referred the consideration of a report 
made by the Committee which had been appointed to examine the records 
of the Synod of Geneva reported, and their report being read, was 
adopted, and is as follows, viz. : That the records of the Synod be 
approved to page 45, with the exception of a resolution on page 28, 
which declares that a deposed minister ought to be treated as an excom- 
municated person. In the judgment of this Assembly, the deposition and 
excommunication of a minister are distinct things, not necessarily 
connected with each other, but when connected ought to be inflicted by 
the Presbytery to whom the power of judging and censuring ministers 
properly belongs. — 1814, p. 549. 

b. Overture No. 20. A question submitted by John Warnock of 
Alabama, " Does deposition from the ministry exclude from church 
privileges ?' ' The Committee recommended the following resolution, 
which was adopted, viz. : 

Resolved, That though the causes which provoke deposition are almost 
always such as to involve the propriety of exclusion from the sacraments, 
yet the two sentences are not essentially the same, the one having refer- 
ence to office and the other to the rights of membership, and, therefore, 
Presbyteries should be explicit in stating both when they mean both. 
When, however, a Presbytery interpret deposition to involve suspension 
from the sacraments, and pronounce the censure in that sense, the 
sentence obviously includes both. — 1848, p. 34, O. S. 

[Note. — See Book of Discipline, Chap, v, Sec. xxxiv, and Chap, vi, Sec. xl.] 

17. The name of a deposed minister to be published in case he does not 
cease from ministerial functions. 

Resolved, That it be recommended to the Presbyteries under the care 
of the General Assembly when they shall depose any of their members 
from the exercise of the ministerial office, and when any person so 
deposed shall, without having been regularly restored, assume the minis- 
terial character, or attempt to exercise any of the ministerial functions, 
that in such case, with a view to prevent such deposed person from 
imposing himself on the churches, Presbyteries be careful to have his 
name published in the Assembly' s magazine as deposed from the ministry, 
that all the churches may be enabled to guard themselves against such 
dangerous impositions. — 1806, p. 360. 

VII. MISCELLANEOUS QUESTIONS PERTAINING TO MINISTERS AND 

CHURCHES. 

1. Ministers who neglect their duty to be summoned to answer. 
Inasmuch as Mr. Stevenson has from time to time, and for years past, 
neglected attending on our judicatures, and also omitted his ministry 
without giving us any reasons for his said conduct, it is therefore agreed 



208 FORM OF GOVERNMENT, CHAP. X. 

that his name shall be struck out of our records till he come before us 
and give an account of his proceedings. — 1741, p. 156. 

2. If persistent to be regularly excluded or deposed. 

That if any minister of the Gospel, through a worldly spirit, a disrel- 
ish for the duties of his office, or any other criminal motive, become 
negligent or careless, he is by no means to be suffered to pursue this 
course so as at length to be permitted to lay aside the ministry -without 
censure, because this would be to encourage a disregard of the most 
solemn obligations by opening a way to escape from them with impunity. 

But in all such cases Presbyteries are seasonably to use the means and 
pursue the methods pointed out in the Word of God and the rules of 
this Church to recall their offending brother to a sense of duty; and if 
all their endeavors be ineffectual, they are at length regularly to exclude 
or depose him from his office. 

If any cases or questions relative to this subject arise in Presbyteries 
which are not contemplated by the provisions of this rule, such cases or 
questions should be referred to the General Assembly for a special de- 
cision.— 1802, p. 259. 

3. Presbyteries to inspect the fidelity of their members. 

The constitutional remedy for these evils is in the hands of the Presby- 
tery, to whom it belongs to ordain, install, remove and judge ministers 
(see Form of Government, Chap, x, Sec. viii); and whose duty it is to 
inspect the fidelity of those whom they have solemnly set apart to the 
work of the ministry by the imposition of hands. — 1834, p. 450. 

4. Reasons for withdrawal to be required and recorded. 

That when ministers have withdrawn, or may hereafter withdraw, from 
the work of the ministry, wholly or in part, it be enjoined upon the 
Presbyteries to which they belong to require of such ministers their 
reasons for so doing, which reasons are to be put upon record by the 
Presbytery, with an expression of their approbation or disapprobation of 
the same.— 1834, p. 450. 

5. Compliance with the rule of 1834 enforced. 

1. That the attention of the Synods be called to the rule adopted by 
the General Assembly of 1834. (Minutes, p. 450). 

2. That the Synods be required at their next regular meeting to obtain 
replies from their several Presbyteries to the two following questions, 
namely : 

(1) Whether the above-recited rule of the Assembly of 1834 has 
been observed by the Presbytery. 

(2) Whether proper discipline has been exercised, in cases where the 
reasons for withdrawal from ministerial duty have been disapproved by 
the Presbytery; and also in cases of habitual absence from the meetings 
of the Presbytery without the rendering of sufficient excuse. 

The report was adopted.— 1869, p. 263, N. S. 

6. Ministers engaged in secular callings. 

From the Presbytery of Elizabethtown, asking the Assembly, " for 

the relief of our minutes, our ecclesiastical courts, and our ministerial 

name, to define whether a minister who turns aside from his calling, not 

from bad health or moral delinquency, to some secular employment. 



OF THE PRESBYTERY. 209 

should demit the sacred office, or be denied the full immunities of the 
Presbytery. ' ' 

Resolved, 1. • That the former deliverances of the Assembly on that 
subject, to wit, in the years 1802, 1834 and 1839 are sufficient. 

Resolved, 2. That the Presbyteries be enjoined to execute the rule of 
the Assembly of 1834, as to any members " who have withdrawn in 
whole or in part, without justifiable cause, from the work of the minis- 
try."— 1869, pp. 935, 936, O. S. 

[Note. — See Book of Discipline, Chap, vii, Sec. liii.] 

7. When providentially incapacitated ministerial privileges remain. 

Resolved, That it is a principle of this Church that no minister of the 
Gospel can be regularly divested of his office, except by a course of 
discipline, terminating in his deposition; that if any minister, by provi- 
dential circumstances, become incapable of exercising his ministerial 
functions, or is called to suspend them, or to exercise them only occa- 
sionally, he is still to be considered as possessing the ministerial character 
and privileges; and his brethren of the Presbytery are to inspect his 
conduct; and while they treat him with all due tenderness and sympathy, 
they are to be careful that he do not neglect ministerial duty beyond 
what his circumstances render unavoidable. — 1802, p. 258. 

8. Ministers without charge are constituent members of Presbytery. 

[Note. — See under Form of Government, Chap, x, Sec. ii.] 

9. All ministers are of equal power and privilege. 

In reply to an overture in relation to the right of ministers, not 
engaged in the ministerial work, to sit in church courts, the Assembly 
answers : 

According to the Constitution of our Church, ministers, as such, 
whether with or without charge, are of equal power and privilege. If 
the defection of any minister from the duties implied in his ordination 
vows is serious enough to disfranchise him, it is sufficiently serious to call 
for the orderly exercise of discipline. The remedy, therefore, for the 
evil complained of lies with the Presbyteries, and cannot be reached by 
any action of the Assembly. Touching the alleged inequality between 
the ministers and the elders in our judicatories, it need only be remarked 
that the number of vacant churches in a growing land like this greatly 
exceeds the number of uneniployed ministers, and in the Church at large 
the elders could at any time obtain a large majority, if disposed so to do. 
Apprehending no danger in this direction, and recognizing no antag- 
onism between the teaching and the ruling elders in the Church, this 
Assembly sees no reason for special action in the case, leaving the Pres- 
byteries in our large cities, where ministers without charge are prone to 
collect, to deal with them in an orderly manner as their wisdom may 
suggest.— 1859, p. 533, O. S. 

10. May a minister hold a civil office ? 

The Committee to whom was referred the communication from the 
Presbytery of Ohio respecting the Rev. Boyd Mercer and his letter to the 
Moderator of the Assembly, exhibited their report. 

The report, having been read and amended, was adopted, and is as 
follows, viz. : 

With respect to the abstract question, whether the tenure of a civil 
14 



210 FORM OF GOVERNMENT, CHAP. X. 

office be or be not incompatible with that of the holy ministry, the 
Assembly is of the opinion that there is nothing in the holy Scriptures, 
or in the Constitution, acts or proceedings of the Presbyterian Church in 
these United States, expressly prohibitory of such union of offices. 

With respect to the particular case referred to their consideration, as 
Mr. Mercer in his letter expressly asserts that it is not his intention to 
decline the office of the holy ministry, and that he was led to devote 
himself for the present to the functions of an associate judge by a state 
of health so infirm as to interrupt the regular discharge of his public 
duties as a minister of religion, your Committee are of opinion that the 
Presbytery of Ohio ought not to censure him unless there be some 
circumstances in the case unknown to the Assembly. 

That none, however, may so far misconstrue these sentiments as to per- 
suade themselves that they countenance a covetous, ambitious spirit, your 
Committee further beg leave to suggest the propriety of cautioning your 
clergy against worldly- mindedness; of exhorting them not to aspire after 
places of emolument or civil distinction; of reminding them that the 
cure of souls is their peculiar business, and that they who serve at the 
altar ought, as far as possible, to avoid temporal avocations. — 1806, p. 
363; reaffirmed, 1808, p. 399. 

11. He may hold the office of chaplain in the army or navy. 

a. Application was made to Synod by Mr. Beatty, desiring to know 
their mind with respect to his going as chaplain to the forces that may 
be raised in the Province of Pennsylvania, if he shall by the Govern- 
ment be called to that service. The Synod do judge it to be his duly. — 
1756, p. 275. 

b. Application having been made to Mr. Beatty by Colonel Arm- 
strong to serve as chaplain to the first battalion of the Pennsylvania 
Provincials for the ensuing campaign, he requested the advice and 
judgment of this Synod with respect to his duty therein. The Synod do 
unanimously agree that it is his duty to go. — 1758, p. 282. 

C. 'Tis allowed that Messrs. Alexander McDowel and Hector Allison 
go as chaplains to the Pennsylvania forces, and that Mr. Kirkpatrick go 
with the New Jersey forces, the ensuing campaign. — 1760, p. 302. 

d. The First Philadelphia Presbytery report that they have ordained 
Mr. Israel Evans and Mr. William Lynn* to qualify them to act as 
chaplains in the army to which they had been appointed. — 1776, p. 472. 

e. Also ordained Mr. Robert Keith to qualify him to act as a chaplain 
in the army. — 1777, p. 477. 

f. A reference from the Presbytery of Philadelphia on the propriety 
of their ordaining to the work of the Gospel ministry a licentiate under 
their care who now holds the office of a chaplain in the navy of the 
United States was considered, whereupon the Assembly 

Resolved, That this judicature of the Presbyterian Church feels a 
deep and lively interest in the spiritual welfare of the mariners of this 
country, and especially of those who are engaged in the naval service of 
our Union; and that the Assembly therefore will rejoice if any Presby- 
tery under its care has the opportunity of ordaining any well -qualified 
persons, men of piety and learning, with a view to their rendering 
permanent ministerial services to large congregations of our fellow - 
citizens who dwell in ships-of-war. — 1826, p. 171. 



OF THE PRESBYTERY. 211 

12. Demission of the ministry now permitted. 

[Note. — SeeZ%e$f'ofl886,pp. 165-168. The sentiment of the Assembly was uniformly 
against allowing a minister to demit the ministry. See Minutes, 1802, p. 258 ; 1858, 
p. 299 ; 1859, p. 532, O. S., when an overture providing for the demission of the minis- 
try was rejected : Affirmative, 24 Presbyteries ; negative, 84 Presbyteries. 

In 1860 the Assembly, N. S., adopted a full minute on the demission of the ministry. 
Minutes, pp. 234-236, N. S. See Digest of 1886, pp. 166-168. 

In the Assembly of 1871 an overture on the demission of the ministry was committed 
to Rev. Drs. Z. M. Humphrey, Charles Hodge, Henry B. Smith, George W. Musgrave 
and Elijah P. Craven, to report to the next Assembly, p. 590. For the report and 
overture, see Minutes, 1872, pp. 46-50. The overture was rejected: Affirmative, 45 
Presbyteries ; negative, 65 ; not voting, 69. — 1873, p. 526. 

These decisions and deliverances are annulled by Sec. li, Book of Discipline.] 

13. Ministers who withdraw from Presbytery and unite with another 
denomination stricken from the roll. 

a. The Committee on the reference from the Chenango Presbytery in 
the case of the Rev. Edward Andrews, made the following report, 
which was adopted, viz. : 

Resolved, As the sense of this Assembly, that though the conduct of 
Mr. Andrews was disorderly, it be recommended to the Presbytery to do 
nothing further in the case than simply to strike his name from the list 
of their members. —1828, p. 240. 

[Note. — Mr. Andrews had withdrawn to the Episcopal Church and been reor- 
dained.] 

b. Resolved, That when a minister otherwise in good standing gives 
notice in form to the Presbytery to which he belongs that he renounces 
the fellowship of the Presbyterian Church, or by neglecting to attend the 
meetings of its judicatories, after being dealt with for such neglect, gives 
evidence that he has done so in fact, his name ought to be struck from 
the roll of its members, a notice of this procedure communicated to the 
disowned member, and if necessary published to the Church. 

The congregation under the care of such minister ought to be held as 
still under the care of Presbytery unless they give evidence that they also 
have been withdrawn, in which case their name ought also to be struck 
from the list of congregations belonging to the Presbytery. — 1830, p. 305. 

C. Resolved, That it be recommended to the majorities of Presbyteries 
and church Sessions to take no other action in relation to members who 
have left them to join other ecclesiastical bodies not in connection with us 
than to strike their names from the roll. — 1839, p. 24, N. S. ; 1879, p. 
613. 

d. Overture No. 5, from the Second Presbytery of New York, asking 
the direction of the Assembly as to the action to be taken by Presbytery 
in the case of a member who, without previous conference with his 
co-presbyters, or without receiving a certificate of dismission, leaves the 
Presbytery, and abandons the ministry of the Presbyterian Church. The 
Committee recommend to the Assembly the adoption of the following 
resolution as an answer to the request of the Presbytery: 

Resolved, That in such cases as that presented in the overture, the 
Presbytery ought simply to erase the name of the minister from the 
roll, provided he leaves the Church without being chargeable with fun- 
damental error in doctrine or immorality of life. Adopted. — 1854, p. 
17,0. S. 

[Note — See Book of Discipline, Chap, vii, Sec. liii.] 



212 FORM OF GOVERNMENT, CHAP. X. 

14. Names of church members and ministers who withdraw irregularly 
to be stricken from the roll under specified circumstances. 

Overture from the Presbytery of Elizabeth, asking, " What is the duty 
of the Session in regard to a church member who has united with another 
denomination without having previously given any notice to the Session of 
such purpose ?" 

The Committee recommends that this inquiry be answered by referring 
to the action of the General Assembly (N. S. ) of 1839, as found in 
Moore's Digest, 1886, p. 169; and also to the action of the General As- 
sembly of 1828, with reference to ministers who withdraw from the Pres- 
bytery and unite with another denomination, as found on the same page 
of the Digest. -1879, p. 613; 1880, p. 45. 

[Note. — See Book of Discipline, Chap, vii, Sees, lii, liii.] 

15. Duty of Presbytery in case of members who do not report. 

a. Overture from the Presbytery of Boston with reference to absentees 
of whose whereabouts the Presbytery knows nothing, or who, absenting 
themselves from year to year, give no heed to the communications of the 
Presbytery. As to the former class, the Committee recommend that their 
names be retained on the roll till some knowledge can be obtained of such 
brethren; as to the latter class, that a process of discipline be entered 
upon for violation of ordination engagements to be subject to their brethren 
in the Lord. Adopted.— 1876, p. 80; 1885, p. 604. 

b. Overture from the Presbytery of Pueblo, asking whether the rule 
which forbids the granting of a letter to a member of a church who has 
been absent from all meetings and services of said church for two years 
without satisfactory explanations, applies also in principle to a minister in 
his relation to a Presbytery. 

Your Committee answer this inquiry in the negative, and would recom- 
mend that each Presbytery is competent to decide each particular case on 
its own merits. Adopted. — 1883, p. 626. 

TNote. — See Book of Discipline, Chap, xii, Sec. cxvi.] 

16. Authority for taking from the roll the names of ministers serving 
churches in other denominations. 

A request, from the Presbytery of Westchester, that the Assembly shall 
define the authority of Presbyteries in regard to taking from the roll the 
names of ministers serving churches in other denominations. The Com- 
mittee recommend the adoption of the following: 

Since the adoption of the Revised Book of Discipline, especially Sec. 
liii, Chap, vii, a Presbytery has no authority to take a minister's name 
from the roll without his consent, except by discipline, unless he has said 
or done something which either recognizes some other ecclesiastical juris- 
diction over him or declares his independence. Presbyteries should, 
however, by correspondence, urge those who have identified themselves 
with other denominations to take regular dismissions. Ministers of our 
own Church ought to connect themselves with those Presbyteries within 
which is located either their field of labor or their residence, unless very 
special and unusual reasons exist to the contrary. Adopted. — 1885, p. 
604. 

[Note. — See Book of Discipline, Chap, vii, Sees. li. liii.] 



OF THE PRESBYTERY. 213 

VIII. TO EXAMINE AND APPROVE OR CENSURE CHURCH RECORDS. 

1. Presbyteries must review the records of Sessions. 

Whereas, It appeared in the course of the free conversation on religion 
that in one of the Presbyteries under the care of the General Assembly 
the Sessional records of the several church Sessions were not regularly 
called up and examined every year by the said Presbytery, and there is 
reason to believe that other Presbyteries had conducted in the same man- 
ner, therefore, 

Resolved, That it be and it hereby is required of all the Presbyteries 
within the bounds of the General Assembly annually to call up and 
examine the Sessional records of the several churches under their care, as 
directed in the Book of Discipline.— 1809, p. 429; 1810, p. 453. 

[Note.— See Form of Government, Chap, ix, Sec. viii.] 

IX. TO RESOLVE QUESTIONS OF DOCTRINE OR DISCIPLINE. 

X. TO CONDEMN ERRONEOUS OPINIONS. 
[Note. — See above under Chap, viii, Sec. iii (2).] 
XL TO VISIT PARTICULAR CHURCHES, TO INQUIRE AND REDRESS. 

1. Overture on the right of a church to dismiss its elders ; to deny the 
right of appeal and to deny the authority of the Presbytery. 

The Committee on the Polity of the Church, to whom was referred 
the overture — When a church shall dismiss its ruling elders, and deny to 
its members the right of appeal and complaint, and deny the authority of 
Presbytery over it, has it a right to be represented in the judicatories of 
our Church ? — reported as follows: 

Our Church is organized on constitutional principles, with powers and 
duties appropriate to each branch or part thereof ; and with a gradation 
of subordinate and superior judicatories, designed to preserve unity of 
doctrine, and orderly discipline, according to the Scriptures. 

This Constitution does not recognize a right of revolution, and makes 
no provision therefor; but treats all such cases simply as breaches of 
order, and visits them with appropriate constitutional remedies. Any 
individual church is represented in the Church judicatories constitutionally 
only by the pastor or an elder, one or both; and it can find admission 
into such judicatories only through such a mode of representation. 

The overture supposes three cases: (1) a dismissal of elders; (2) a denial 
of the right of appeal and complaint; and (3) a denial of the authority 
of the Presbytery. 

Each of these is an unconstitutional act, is utterly null and void, and 
subjects the offending church to visitation and discipline at the hands of 
the Presbytery. The Form of Government, Chap, x, Sec. viii, empow- 
ers the Presbytery ' ' to visit particular churches for the purpose of inquir- 
ing into their state, and redressing the evils that may have arisen in them; 
to unite or divide congregations, at the request of the people; or to form 
or receive new congregations ; and, in general, to order whatever pertains 
to the spiritual welfare of the churches under their care. ' ' 

The above-named acts of insubordination, being void, work no effect ; 
the Session have still the right, and it is their duty, to send one of the 
elders to the Presbytery and the Synod ; and his votes and acts in these 
bodies are the votes and the acts of the church. So, too, the Presbytery may 
send any one of such elders to the General Assembly; and should such 



214 FORM OF GOVERNMENT, CHAP. X. 

church refuse obedience to the acts of the judicatories so constituted, it 
would be subject to the discipline, in due form, of our ecclesiastical law. 
Such church has a right to be represented by elders, and it cannot pass by 
them and substitute a private member as its representative. A void act 
of deposition, or dismission of its elders, does not incapacitate the church. 
In sending one of its dismissed elders to the Presbytery or the Synod, it 
disaffirms its illegal act, and that is an end of it; and if it should send 
a delegate, not an elder, he could not be received; and the church would 
be simply unrepresented (except by the pastor), pro hdc vice; but the 
church is still under the care of the Presbytery, and subject to its govern- 
ment. The bond of union, which was formed by mutual and concurrent 
consent and act, cannot be dissolved by an ex parte act of insubordination 
or revolution, until the other party has acted thereon. The Committee, 
therefore, recommend the following answer to the overture: 

Resolved, That the acts of insubordination, specified in the overture, 
do not, of themselves, infer a forfeiture of the church's right to be repre- 
sented in the Church judicatories; but such representation must be in the 
mode, and by the persons specified in the Constitution of the Church. — 
1860, pp. 260, 261, N. S. 

2. Unconstitutional acts of a portion of a church are void. 

Where one portion of a church connected with, and under the 
jurisdiction of, the Presbytery, denies the jurisdiction and authority of the 
Presbytery and every other body, and all right to review its proceed- 
ings, and the right of appeal to the Presbytery, and declare their deter- 
mination so to continue; and the other portion of such church declare to 
the Presbytery their wish to continue their connection with the Presbytery 
as heretofore, instead of setting up as an independent church, what is 
the duty of the Presbytery toward that portion who remain faithful to- 
such jurisdiction ? 

And recommended the following answer: That in the judgment of the 
Assembly, the report on the subject last year (see Minutes, pp. 260, 
261) implies that the church sustains the same relation to the Presbytery 
as before the denial of its jurisdiction ; and that the delegate of the 
church is entitled to a seat in the Presbytery, as in years previous to the 
act aforesaid.— 1861, p. 478, N. S. 

3. Presbytery may, without petition, direct an elder to cease acting. 

Overture from the Session of the Presbyterian church at Ironton, Mo. , 
in reference to the power of the Presbytery to declare that a member of 
the Session shall cease to be an acting elder, without request from the 
Session, or any members of the church. 

The Committee would recommend the following answer (see Form of 
Government, Chap, x, Sec viii) : Presbytery has power to visit particular 
churches for the purpose of inquiring into their state, and redressing the 
evils that may have arisen in them, and to order whatever pertains to 
their spiritual welfare, without being requested by the Session. 

The report was adopted.— 1869, p. 924, O. S. 

[Note. — See Form of Government, Chap, xiii, Sec. vii.] 

4. A church may not withdraw without consent of Presbytery. 

a. From the Presbytery of Bloomington, asking, Has any church, or 
any part of a church in our connection, the constitutional right to with- 



OF THE PRESBYTERY. 215 

dra-w from a Presbytery without its consent, and to unite with another 
body ? Answered in the negative. — 1866, p. 54, O. S. 

b. From the Presbytery of Iowa City: Can a Presbyterian church,, 
under the care of a Presbytery, withdraw regularly without first asking 
consent and leave of the Presbytery ? 

We unhesitatingly reply that no Presbyterian church, under care of a 
Presbytery, can withdraw regularly without first asking consent and leave 
of the Presbytery under whose care and jurisdiction it voluntarily placed 
itself.— 1867, pp. 511, 512, N. S. ; confirmed, 1876, p. 80. 

C. Overture. — A question from the Presbytery of Wisconsin: How 
shall a church be orderly transferred to another denomination ? The 
Committee recommend the following answer: So far as it is ecclesiastically 
concerned, it cannot withdraw regularly without first asking consent and 
leave of the Presbytery under whose care and jurisdiction it voluntarily 
places itself (see Moore's Digest, 1886, p. 172). Questions of property 
must be determined by the courts of the State. Adopted. — 1876, p. 80. 

5. Course to be pursued when a church wishes to withdraw. 

Also Overture No. 4, from certain members of the Presbytery of 
Athens, asking ' ' whether it is allowable for a Presbytery and a church 
under its charge to dissolve their connection by mutual consent, the 
church retaining its organization and standing as an independent body. ' ' 
The Committee recommended that the following answer be given: 
The only proper method of dissolving the relation between a Presbytery 
and a church desiring to become an independent body is for such church 
to withdraw, declining the further jurisdiction of the Presbytery, and the 
Presbytery to make such a record of its withdrawal as the character of 
the action of the withdrawing church requires. The recommendation was 
adopted.— 1862, p. 33, N. S. 

[Note. — See 4, a, b, c, above.] 

6. Presbytery may dissolve a church. 

a. The appeal and complaint of Smiley Shepherd against the Synod of 
Illinois. The report was as follows: 

The following facts are stated in the records of the Presbytery of Bloom - 
ington, and are not denied by the complainant : The Second Church of 
Union Grove in October, 1859, had for about twenty years neither meet- 
ing-house, pastor nor stated supply, nor had it submitted, through the 
whole of that period until 1859, either statistical reports or Sessional 
records. It had worshiped regularly with the First Church of Union 
Grove. In fact, in 1859 it consisted of the complainant and his family 
alone; but the complainant claimed and exercised the right, as ruling 
elder, to receive members to his church and to sit and vote in Presbytery 
and Synod. For about fifteen years the Presbytery had considered the 
church as without even a nominal existence, having in 1841 dropped it 
from the roll, and it was not restored to the roll till 1856, and then only 
with a view of having it regularly united with the First Church of 
Union Grove. On the 11th of October, 1859, Presbytery dissolved the 
said Second Church, and directed the Stated Clerk to furnish its members 
with the usual certificates to some other Presbyterian church. 

Against this proceeding Mr. Shepherd appealed, and complained to the 
Synod of Illinois, but his complaint was not sustained. He now appeals 
and complains to the General Assembly. 



216 FORM OF GOVERNMENT, CHAP. X. 

He does not deny the facts as stated by the Presbytery, but alleges 
that both Presbytery and Synod were guilty of certain gross irregularities 
and an arbitrary use of power in the proceeding. But the papers do not 
contain evidence sustaining these allegations. There is no testimony of 
any kind filed with these papers. It is impossible for the Assembly to 
determine from the record whether the power of the Presbytery was 
discreetly exercised. The Committee therefore recommend that the 
appeal and complaint be dismissed. 

The report was adopted, and the appeal and complaint dismissed. — 
1863, p. 36, O. S. 

[Note. — The action of the Preshytery was sustained.] 

b. Overture, from the Presbytery of Council Bluffs, asking: 

1. Has the Presbytery the power, under any circumstances, to dissolve 
a church organization ? 

2. When a church becomes greatly reduced in numbers, and its exist- 
ence is made unnecessary by the new organization of Presbyterian 
churches in more favorable localities, to which a majority of its members 
have removed, has the Presbytery power to dissolve such a church 
organization, overruling the wishes of a majority of the members of said 
church organization ? 

3. Is this power of the Presbytery subject to reversal by the higher 
courts on any other ground than that of injudicious exercise ? 

The Committee recommend that the overture be answered by a refer- 
ence to the case of Shepherd vs. The Presbytery of Bloomington 
(Moore's Digest, 1886, p. 172, Sec. 48;. Adopted. -1875, p. 507. 

7. Dissolution is in the discretion of the Presbytery, subject to appeal. 

A memorial to the General Assembly, signed by a number of its min- 
isters and elders, asking an answer to the following questions: Whether, 
under the Constitution of the Presbyterian Church, a Presbytery has the 
power to dissolve a Presbyterian church, regularly constituted with a 
Session, communicants and trustees, supporting the preaching of the 
Gospel, no formal charges made against the church, and yet acting 
against the wishes of the Session and congregation, or rather while they 
are protesting against such action ? 

The Committee recommended the following reply: 

1. A Presbytery, in the exercise of the powers given it by Sec. viii, 
Chap, x, of our Form of Government, must be its own judge as to the 
causes that are sufficient to justify it in dissolving any church in its 
connection (see Digest, 1886, p. 172). 

2. If any wrong is done to a church by such a Presbyterial act its 
remedy is to be found in an appeal to a higher judicatory. Adopted. — 
1879, p. 615. 

8. The church must have notice of the proposed dissolution. 

[The Presbytery of Philadelphia North dissolved the Hermon Church. On com- 
plaint, the Assembly reversed the Synod and the Presbytery, onthe ground that the 
church had not had notice (see Book of Discipline, Chap, ix, Sec. iv, sub-Sec. 
xcix) . The Presbytery, after due notice, again dissolved the church, and its action 
was brought by complaint before the Assembly.] 

The Judicial Commission, appointed on Case No. 1, submitted the 
following report, which was ordered to be recorded as the judgment of 
the Assembly: 



OF THE PRESBYTERY. 217 

The Judicial Commission to whom was referred Judicial Case No. 1, 
being an appeal of Addison Bancroft and R. W. Stewart, ruling elders 
in the Hermon Presbyterian Church, Frankford, Pa., from an action of 
the Synod of Philadelphia, present the following report: 

The appellants appealed from the action of the Presbytery of Phila- 
delphia North in dissolving the Hermon Church, and deciding the field 
occupied by it a mission station under the care of the Presbytery. The 
Synod of Philadelphia, at its stated meeting at Chester, Pa., October 
19, 1877, sustained the action of the Presbytery; whereupon the appel- 
lants brought their appeal from said action of the Synod to this General 
Assembly; and the case having been, by consent of parties, referred by 
the General Assembly to this Commission for hearing and decision, and 
the Commission having thereupon proceeded to issue the appeal under the 
order prescribed by the Judicial Committee of General Assembly, and 
having fully heard the original parties and the members of the inferior 
judicatory, decided that the said appeal from the Synod of Philadelphia 
be not sustained, and for the following reason: It appears from the 
minutes of the General Assembly of 1877 that this case was brought 
before said Assembly upon its merits, and that the action of the Synod 
of Philadelphia and of the Presbytery of Philadelphia North, in the 
premises, was by the General Assembly reversed, for the reason that Her- 
mon Church had no previous notice of the contemplated action of the 
Presbytery in dissolving the church, while at the same time regret is 
expressed as to the necessity of reversing the decision of the Synod of 
Philadelphia upon a ground which may seem merely technical ; where- 
upon the Presbytery of Philadelphia North did, at a regularly called 
meeting on June 15, 1877, proceed anew in the whole matter, and, 
having served proper notice upon Hermon Church of its purpose to dis- 
solve said church, did dissolve it. After a full hearing of the case, this 
Commission is satisfied that the Presbytery of Philadelphia North was 
fully justified by the facts and by our Form of Government in the action 
then taken; and that the Synod of Philadelphia was fully justified in 
sustaining the Presbytery in its action. Adopted. — 1878, p. 41. 

XII. TO ORGANIZE, UNITE AND DIVIDE CHURCHES. 

1. The organizing of churches belongs to Presbytery. 

Is a minister of the Gospel in our connection, ex- officio, authorized 
to organize churches in the bounds of Presbyteries without any previous 
order of Presbytery directing such organization ? 

a. Resolved, That except in frontier and destitute settlements, where, 
by Form of Government, Chap, xv, Sec. xv, it is made a part of the 
business of evangelists to organize churches, and except in cases where it 
is exceedingly inconvenient to make application to a Presbytery (for 
which provision is made in the act of Assembly of 1831), it is not the 
prerogative of a minister of the Gospel to organize churches without the 
previous action of some Presbytery directing or permitting it, since in 
Form of Government, Chap, x, Sec. viii, to form new congregations is 
enumerated among the powers of a Presbytery, and since in Chap, iv, 
1 ' Of Bishops or Pastors, ' ' no mention is made of any such power being 
lodged in the hands of an individual minister. — 1833, p. 410; Form of 
Government, Chap, xv, Sec. xv. 

b. No church shall be organized by a missionary within the limits of 



218 FORM OF GOVERNMENT, CHAP. X. 

any Presbytery, unless authority has been previously obtained from the 
Presbytery.— 1883, p. 644. 

2. To divide and organize on petition of a minority. 

a. Has a Presbytery the constitutional right to divide a church where 
a majority of the members of said church are opposed to its division ? 

Resolved, That where the minority request it, and the Presbytery has 
reason to believe that the interests of religion will be promoted by it, the 
Presbytery has the right to form the minority into a new congregation. 
—1848, p. 29, O. S. 

b. Presbytery, under our form of government, has the sole power, 
within its jurisdiction, to form, unite, and divide churches and to estab- 
lish and dissolve pastoral relationships, subject to the provisions of the 
Constitution, including the provisions for complaint, appeal, review and 
control.— 1896, p. 131. 

3. Presbytery may prohibit an organization. 

[Note. — The people about White Clay Creek, in Xew Castle county, Delaware, peti- 
tioned Presbytery to have the ordinances of the Gospel administered with more con- 
venience and nearness to the place of their abode, for the greater advantage and ease 
to their several families. Against this the people of New Castle protested, craving 
that the people of White Clay Creek may not be suffered to set up a meeting-house in 
the country, that their meeting-house and congregation in New Castle may not be 
damaged by this rupture of their fellow-members of White Clay Creek.] 

The General Presbytery, 

Ordered, That the people of New Castle and the country should not 
be divided by setting up two separate meetings. — 1708, pp. 11, 12. 

4. When new congregations may be formed. 

The Assembly censure a minister for irregularity in dividing the church 
in Peoria, by which he did not make a separation from the great body 
of the Presbyterian Church, but a schism in the body, contrary to the 
Word of God and the government of the Church, which allow of the 
division of the Church universal into separate congregations only when 
the people of God are too numerous, or remote from each other, to 
assemble in one place to worship God. — 1840, p. 302, O. S. 

5. Churches should not be organized where the people can be supplied 
with church privileges by existing Presbyterian churches. 
Overture from the Presbytery of East Florida, asking for advice 
regarding the organization of new churches within its own bounds, and 
the right of the Presbytery to solicit aid from the Boards of Home 
Missions and Church Erection. Your Committee recommend the follow- 
ing action: 

1. It is inexpedient and contrary to the expressed spirit of the Church 
to multiply church organizations in any field already well supplied with 
Gospel privileges, and especially so when the churches occupying the 
field are closely related to us in doctrine and polity. 

2. In the particular field seeking advice — viz. , that which is occupied 
by the Presbytery of East Florida — w T e see no reason either for disturb- 
ing work already undertaken, or for putting any definite prohibition 
upon wise Christian zeal which seeks the extension of the Church's work 
and care in the bounds of the said Presbytery. 

3. However, we think it unwise, and a waste of the means and power 
of the Church, to organize separate churches when the persons desiring 



OF THE PRESBYTERY. 219 

such organizations are not only few in number, but may be supplied 
with church privileges by existing Presbyterian churches. Adopted. — 
1882, p. 96. 

6. Presbytery has power over the location of a church. 

Overture proposing the following question: " Does Chap, x, Sec. viii, 
of the Form of Government, defining the powers of the Presbytery, 
give the Presbytery the right to exercise control over the erection of 
church buildings within its bounds, both in the case of new organizations 
expecting to build and of old congregations proposing a change of loca- 
tion ?" Answered in the affirmative. — 1884, p. 77. 

7. Presbytery has power to divide a church. 

The Commission appointed to try the appeal and complaint from the 
Lost Creek congregation against the Synod of Harrisburg, presented 
their report, which was accepted, and ordered on record in the minutes 
of the Assembly, as follows: 

The Commission, to whom was referred Judicial Case No. 5, being an 
appeal from and a complaint against the Synod of Harrisburg, in the 
matter of sustaining the action of the Presbytery of Huntingdon, 
dividing the church of Cedar Creek, beg leave to report, recommending 
that the paper be accepted as a complaint alone, and that it be dismissed. 

The Cedar Creek Church consists of members of the two congregations 
of Mifflintown and Lost Creek, eight miles apart, and united as one 
incorporated society. The people at Mifflintown petitioned the Presby- 
tery to be organized into a new and separate church, and a Committee 
was appointed by the Presbytery for this purpose. Having been in- 
formed that an organization into a new church might jeopard their claim 
to any portion of the property they hold in common with the people of 
Lost Creek, the members of the Cedar Creek Church at Mifflintown 
recalled their previous request, and asked the Committee of the Presby- 
tery to divide the old church, and set them off as a part of it, and 
organize them into a distinct -church. The Committee acceded to this, 
and the act was approved and adopted by the Presbytery. 

The people at Lost Creek complained to the Synod, that the division 
of the church was irregular, unconstitutional and injurious: (1) Because 
the Committee of the Presbytery were appointed to organize a new 
church, and not to divide the old one; (2) because the Presbytery were 
incompetent to divide the church without the consent of that part of it 
connected with the Lost Creek congregation; (3) because no notice of 
an appointment of the Committee of the Presbytery had been given to 
the Lost Creek people; and (4) because a division of the church must 
be injurious to Lost Creek, by the resources that must be withdrawn 
from it, and injurious to both places by the alienation that must be 
produced. 

The Synod dismissed the complaint, and sustained the Presbytery. 

The complaint of the action of the Synod is brought up to the General 
Assembly, on the same grounds on which complaint of the action of the 
Presbytery was based. 

The dismissal of the complaint is recommended to the Assembly, 
because (1) the action of the Committee of Presbytery was made their 
own by the Presbytery ; the Presbytery are competent to divide a church 
on the petition of a portion of its members, and especially of a majority 



220 FORM OF GOVERNMENT, CHAP. X. 

of its members; (2) notice of the coming of the Committee of the 
Presbytery was published from the pulpit at Lost Creek, and the pro- 
posed coming of the Committee was well known to the people there ; 
(3) because the Presbytery and Synod, well qualified to judge of this, 
deemed it expedient and for the interests of both congregations that the 
church should be divided; and that the apportionment of the property 
between the two congregations is left for future adjustment. — 1876, pp. 
93, 40; 1896, p. 131. 

8. The Presbytery has the power to unite churches. 

A complaint of certain members of the former Central Church, Jack- 
sonville, 111., against the action of the Presbytery of Springfield, in 
uniting the First and Central Churches of Jacksonville. 

The Synod is the court of last resort in such cases. — 1886, p. 73; 
1896, p. 131. 

9. A Presbytery may not dismiss or receive a church without the 
consent of Synod. 

Resolved, That it is unconstitutional for a Presbytery to dismiss a con- 
gregation under their care, and for any other Presbytery to receive the 
congregation so dismissed, without the approbation of the Synod to 
which such Presbyteries respectively belong. — 1823, p. 91. 

XIII. TO ORDER WHATEVER PERTAINS TO THE SPIRITUAL WELFARE 

OF THE CHURCHES. 

1. A Presbytery dissolves a pastoral relation on its own discretion, for 
the peace and welfare of the church. 

The Moderator explained the state of the question, and read the action 
of the Presbytery of St. Louis complained against, which was as follows: 

The memorial of certain members of Pine Street Church having been 
presented, after discussion, 

Resolved, 1. That by the action of Presbytery in June, 1863, the 
pastoral relation between Dr. McPheeters .and the Pine Street Church 
was dissolved, and Dr. McPheeters ceased to be the pastor of that 
church, and ceased to have the right to exercise discipline, or perform 
the functions of the pastoral office in that church. 

Resolved, 2. That inasmuch as this action was taken by Presbytery in 
the exercise of its power ' ' to ordain whatever pertains to the spiritual 
welfare of the churches under their care," and is its solemn judgment 
that the interests of the Pine Street Church required that Dr. McPhee- 
ters should cease to exercise the functions of minister to that church, 
therefore Presbytery learn with regret that Dr. McPheeters is still offici- 
ating as minister in that church, whether by invitation of Session or at 
his own instance is not known to Presbytery, but in either case they do 
hereby ordain and declare that in the judgment of Presbytery the peace 
and harmony and spiritual interests of Pine Street Church, as well as a 
proper respect for the feelings of a large minority opposed to the minis- 
tration of their former pastor, require that Dr. McPheeters shall cease 
all connection with that church, and no longer attempt to minister to 
that congregation. 

The vote in the case was then taken : 

Whereupon the Moderator announced that the complaints in this case 
against the Presbytery of St. Louis were not sustained. 



OF THE PRESBYTERY. 221 

The following is the minute in the case, viz. : 

The Assembly does not sustain the complainants, because the proceed- 
ings of the Presbytery of St. Louis in this case appear constitutional and 
regular, and, so far as we can perceive, were judicious, equitable, and 
for the edification of the church. 

These complaints, both in their language and the necessity of the case, 
brought the whole proceeding under our review. The question of a 
dissolution of the pastoral relation between Dr. McPheeters and the Pine 
Street Church was originally brought in an orderly manner before the 
Presbytery, by petition of a minority of said church, and a personal 
tender of resignation by the pastor; and after all the constitutional steps 
were taken with care and deliberation, was decided by the Presbytery, 
acting for the peace and welfare of that church. That which was called 
an appeal and complaint to Synod against that action could not so sus- 
pend all further proceedings as to prevent the Presbytery from consider- 
ing and acting upon the continued disturbed state of that congregation; 
and when, at a subsequent stated meeting of that body, this subject came 
before them, they did, almost unanimously, deem it unadvisable that 
the late pastor should continue ministerial labors in that congregation. 
Against this decision of the Presbytery, Dr. McPheeters and others have 
uttered these complaints, which we do not sustain. 

The Assembly has patiently listened to the history of this case from 
the opposite points of view taken, but in their decision have strictly 
confined themselves to the facts on record. The resignation of the 
pastoral relation, and the distracted state of the church, seemed plainly 
to call for the action of the Presbytery; and being upon the ground, 
and conversant with all the circumstances and demands of the case, they 
seem most competent to understand and decide what that action should 
be. The question of the pastor's loyalty to his national government, 
which seemed to be so largely a disturbing element in the church, has 
not been properly before the Assembly, as it was not pronounced upon 
in any Presbyterial action. They judged it best for the peace and 
prosperity of that particular church that the late pastor should retire 
altogether, and cease from his public ministrations to them; and this 
Assembly cannot decide otherwise. And though many of the members 
of the Presbytery were absent from that meeting which so decided, this 
could not invalidate their proceedings, as it was a regular and lawful 
meeting of that body. 

The right and duty of the Presbytery " to order whatever pertains to 
the spiritual welfare of the churches under their care, and especially to 
heal dissensions, by seeking to remove the occasions of them, is a dis- 
tinctive and important feature in our Presbyterian polity. And when 
the pastor himself so far recognized the propriety of his withdrawal as 
to tender to the Presbytery his resignation, it was clearly competent for 
that body not only to grant his request, but to order, if necessary, that 
he cease his ministrations to that people, if they believed that by longer 
continuing to serve them the dissensions would be fomented, the strife 
become embittered, and the spiritual interests of the church endangered. 
And when the Presbytery did, at length, so interfere and direct, without 
pronouncing upon the rumors and side issues which were the occasions of 
the strife and unhappy condition of the church, they simply undertook 
to control the relations of pastor and people for the welfare of the 
church, without impeaching, by any expression, the moral character and 



222 FORM OF GOVERNMENT, CHAP. X. 

ministerial standing of that pastor. They only ordered, as a prudential 
measure, that the resignation which he had himself voluntarily tendered 
to them, should properly and entirely be carried out, by his ceasing in 
any way to keep up this unhappy state of things, and by ceasing to 
minister to them as their pastor. — 1864, pp. 327, 328, O. S. 
[Note. — See Form of Government, Chap x, Sec. viii.] 

2. Power of the Presbytery over the pulpits of its churches. 

a. That stated supplies should not preach in the pulpits of any Pres- 
bytery without its consent ; and when the consent is refused, the Presby- 
tery to which such minister serving as stated supply belongs, being 
notified, should recall him within its own bounds. — 1874, p. 83. 

b. The Presbytery has power to determine who shall statedly preach 
in the pulpits of its churches, as declared in the answer to the overture 
of the Presbytery of Lackawanna [see above] on essentially the same 
subject. Adopted. — 1874, p. 85. 

3. The power of the Presbytery over unemployed ministers and vacant 

churches. 

[Note. — The subject of vacant churches and unemployed ministers was brought 
before the Assembly by an overture from the Synod of Toledo. — 1871, p. 547. A 
Special Committee of seven was appointed to consider and report upon it to the next 
Assembly, p. 594. Its report was referred to the next Assembly.— 1872, p. 54. The 
next year the Assembly considered the report as referred to it by the Committee on 
Church Polity and adopted it.— 1873, pp. 562, 563. See Moore's Digest, 1886, p. 176. 

This scheme did not prove satisfactory in operation. A Committee was appointed 
to report to the next Assembly on Overtures on Unemployed Ministers and Vacant 
Churches— 1880, p. 82. 

That Committee reported a plan which was adopted. — 1881, pp. 544, 548. See 
Moore's Digest, 1886, pp. 498, 499, where the report is given in full. Neither did this 
scheme accomplish the desired results.] 

(1) Committee of seven appointed, 1888. 

a. The following paper was referred to the Committee on Vacant 
Churches and Unemployed Ministers: 

In view of the acknowledged difficulty of bringing our unemployed 
ministers and pastorless churches into communication with each other, 
the ministerial force of our Church being thereby often subject both to 
disuse and misuse, and the ministry sometimes exposed to personal 
humiliation ; 

And in view of the challenge of our present method of preparing 
men for the ministry, and the plea that is urged in many quarters for 
an alternative English course of study; 

And in view of the wide need of more laborers of some sort, if we 
would reach the destitute districts adjacent to our regularly established 
churches, which outside and independent, and sometimes irresponsible 
agencies are being organized to meet; 

And in view of the latent and untrained power for effective and 
evangelistic service in many of our church officers and members: 

Resolved, That a Committee of seven, four ministers and three elders, 
be appointed to take these and any other questions strictly germane 
thereto into consideration, and report to the next Assembly whether any, 
and if any, what action is desirable concerning any one or all of these 
points.— 1888, p. 135. 

[Note. — See its report of progress. — 1889, p. 107. 

This Committee on the Increase of the Supply of Ministers and on Unemployed 



OF THE PRESBYTERY. 223 

Ministers and Vacant Churches made a report which was referred to the next Assem- 
bly and may be found in full in Minutes, 1890, Appendix, pp. 157-160 ; 1890, p. 110. 

The report of this Special Committee on Unemployed Ministers and Vacant 
Churches was taken up. — 1891, pp. 48, 54, 129, 189. For the report in full, see Minutes, 
1891, pp. 209-213, Appendix. The Stated Clerk was directed to transmit the report 
to the Presbyteries for their opinions to be considered by the Committee and reported 
to the next Assembly.— 1891, p. 209.] 

b. The Committee on Unemployed Ministers and Vacant Churches 
presented its report, which was amended, and adopted. The Stated Clerk 
was directed to send down the overture contained therein to the Presby- 
teries, for action by them. — 1892, p. 215. 

[Note. — For the report of the Committee in full, see Minutes, 1892, pp. 215-217.] 

C. The Committee of Canvass on the Answers of the Presbyteries 
reported that the overture, having failed of receiving a constitutional 
majority, is not adopted. — 1893, p. 204. 

(£) Committees of Presbytery to be appointed. 

In answer to overtures from some forty Presbyteries asking the Assem- 
bly to adopt some plan of regulating pulpit supply, and' ministerial 
service, and suggesting a plan for the same, the Assembly reply: 

The General Assembly, by frequent Committees, through many years, 
has wrestled with this problem. It has thus far failed to formulate a 
plan that has proved to be acceptable and serviceable to the Church. 
The duties herein proposed to be recommended to Presbyteries, ministers 
and vacant churches are such as might be reasonably commended, includ- 
ing also the Synod. The methods suggested are such as clearly belong 
to our system. But the reiteration of these methods at this time would 
seem to be useless, unless it be accompanied by the creation of some form 
of central agency to serve as the medium of communication. The 
central agency proposed in most of these overtures is The Church at 
Home and Abroad. Your Committee is not prepared to recommend this 
as an agency that could or would be used by the Presbyteries, churches 
or ministers for this purpose. Some of the overtures propose an officer 
of the General Assembly as the agency. We recommend, therefore, 
that the General Assembly call the attention of Presbyteries, Synods, 
ministers and churches to this subject; that the Assembly recommend to 
Presbyteries and Synods the appointment of Committtees on Vacant 
Churches and Unemployed Ministers, and that the question of a central 
agency be held in abeyance for the present. — 1894, p. 142. 

4. The higher judicatories may institute process in cases in which the 
lower have been directed so to do and have refused or neglected to 
obey. 

[Note. — See Book of Discipline, Sec. xviii. Complaint of the Sewickley Church con- 
sidered as an overture.] 

1. This Assembly reaffirms the resolutions adopted by the Synod and 
Presbytery, setting forth the binding obligations of the Fourth Command- 
ment as expounded in the Standards of the Presbyterian Church and 
in the repeated deliverances of the General Assembly, and also the 
declarations of the Synod and the Presbytery, that any voluntary and 
responsible participation in the publication and sale of a Sunday news- 
paper is inconsistent alike with obedience to the law T of God and with 
membership in the Presbyterian Church. 

2. That it is entirely within the constitutional authority of a Presby- 



224 FORM OF GOVERNMENT, CHAP. X. 

tery to direct the Session of a church under its care to proceed to the 
discipline of any member of said church ; and that it is competent for a 
Synod to reaffirm such instructions on a reference of a case asking for its 
advice. That the Session of the church of Sewickley were bound to 
carry out the plain meaning of the instructions of the Presbytery of 
Allegheny, and that their reasons for declining to do so are insufficient. 

3. That the proper remedy for the Presbytery to apply to that Session, 
if they continue to disobey the instructions of the Presbytery, is to put 
the Session under discipline for contumacy. 

The report was adopted. — 1877, p. 531. 

IX. It shall be the duty of the Presbytery to keep a full and fair 
record of their proceedings, and to report to the Synod every year, licen- 
sures, ordinations, the receiving or dismissing of members, the removal 
of members by death, the union or division of congregations or the forma- 
tion of new ones, and, in general, all the important changes which may 
haye taken place within their bounds in the course of the year. 

[Note. — See under Form of Government, Chap, xi, Sec. vi. Nearly every case there 
applies equally to the records of Presbytery.] 

1. Narratives and all important papers to be recorded. 

Resolved, That this Assembly earnestly recommend to the Synods 
and Presbyteries to record in their minutes the Narrative of Religion and 
all other papers.— 1870, p. 91; 1892, p. 200. 

2. Minutes of Presbyteries may be kept in print. 

Overture from the Synod of New York, asking the Assembly to make 
a definite deliverance as to whether the principle established in relation 
to the records of Synods (Minutes, 1884, p. 75) does not apply to those 
of Presbyteries also. 

This answer referred to has reference to the keeping the minutes of the 
Synods in print. 

Your Committee recommend an answer in the affirmative; and to say 
that all our Church courts may follow the same rule, only observing 
with care: 

1. That the minutes be fully and accurately kept and recorded. 

2. That they be preserved in volumes, and not left to separate pam- 
phlets, and be carefully paged. 

3. That they have blanks left for corrections and approval. 

4. That the minutes of every meeting be duly authenticated by the 
written name of the Stated Clerk, or some officer appointed to authenti- 
cate them. Adopted. — 1889, p. 101. 

3. Churches holding services in foreign languages to be designated in 

statistical reports. 

It was Resolved, That the Stated Clerks of the Presbyteries indicate, 
in the statistical reports, the nationality of all churches in which services 
are held in a foreign language, by adding to or inserting in the name 
of a given church the customary national name of the persons worshiping 
therein.— 1882, p. 18. 

4. The Stated Clerk of the Assembly may upon explicit official 
information correct errors. 

Overture from the Presbytery of Mahoning, asking the General As- 



OF THE PRESBYTERY. 225 

sembly to restrain its Stated Clerk from making alterations in statistical 
reports, in face of the deliberate action and order of the Presbytery, on 
the subject of putting to the names of ministers the designations 
" W.C." and " H.R." Your Committee recommend the following 
answer: The General Assembly enjoins its Presbyteries to carefully attend 
to sending their statistical reports as full and complete as practicable. 
And further, it is the judgment of the Assembly that it is within the 
province of the Stated Clerk to correct obvious errors and to supply 
evident omissions in the statistical reports sent up by the Presbyteries; it 
being understood, however, that changes shall be made only upon explicit 
official information. — 1882, p. 96. 

5. It is required of every Presbytery to prepare and forward Reports 
to the General Assembly. 

1. A Statistical Report, according to the form exhibited on page 385 
of the present Appendix; a printed blank for which will be furnished 
in due season, by order of the Assembly, to the Stated Clerk of every 
Presbytery. This report should, if possible, embrace all the changes 
in the Presbytery previous to the first day of April. 

2. A Narrative of the State of Religion within the bounds of the 
Presbytery for the vear ending April 1. A blank for the Narrative was 
adopted by the General Assembly of 1891, and a copy will be forwarded 
to every Stated Clerk. By order of the Assembly of 1880, a blank for 
a Tabulated Statement of facts will annually be forwarded to the Stated 
Clerk of each Presbytery, to be filled properly, and duly reported to the 
Assembly. This Tabulated Statement should be sent to the Stated Clerk 
of the Assembly at least ten days before the meeting of that body. As 
the Narratives are not to be publicly read, less care may be given to 
their style, and more to the details of particulars, such as will aid the 
Committee of the Assembly in preparing their Annual General Narrative 
of the State of the Church. The blank for the Congregational Narra- 
tives, ordered by the Assembly of 1895, can be had from the Board of 
Publication. 

X. The Presbytery shall meet on its own adjournment; and when 
any emergency shall require a meeting sooner than the time to which it 
stands adjourned, the moderator, or, in case of his absence, death, or 
inability to act, the stated clerk, shall, with the concurrence, or at the 
request of two ministers and two elders, the elders being of different 
congregations, call a special meeting. For this purpose he shall send a 
circular letter, specifying the particular business of the intended meeting, 
to every minister belonging to the Presbytery, and to the Session of every 
vacant congregation, in due time previous to the meeting; which shall 
not be less than ten days. And nothing shall be transacted at such 
special meeting besides the particular business for which the judicatory 
has been thus convened. 

1. Presbytery may meet without its own bounds. 

1. Resolved, That Synod has power to order a Presbytery to meet and 
to transact such business as in the judgment of Synod is intimately 
connected with the good order and well-being of the Church. 

2. Resolved, That as such meetings are of the nature of pro re nata 

15 



226 FORM OF GOVERNMENT, CHAP. X. 

meetings, the rules that are laid down in our book for the regulation of 
such called meetings ought to regulate and govern in all cases these meet- 
ings ordered by Synod, except when ordered to meet during the sessions 
of Synod on business immediately connected with the proceedings of 
that body. In such cases the Presbytery may be required to meet at 
once by order of the Synod. 

3. Resolved, That whilst it would be inexpedient and wrong for the 
Synod to order a Presbytery to meet beyond its own bounds without the 
express consent of its members, we see no constitutional or valid objec- 
tion against a Presbytery agreeing to meet without its own geographical 
limits.— 1848, p. 60, O. S. 

2. A meeting pro re nata must be called by the Moderator chosen at 
a stated meeting". 

[The records of the Synod of Mississippi approved,] with the ex- 
ception that the Synod acknowledges the constitutionality of a meeting 
of the Presbytery of Clinton that had been called by a Moderator chosen 
pro tempore at a previous pro re nata meeting, instead of being called by 
the Moderator appointed at the last stated meeting of the Presbytery. — 
1842, p. 28, O. S. 

3. When meetings pro re nata may be called. 

In answer to the first query, the Synod judge that meetings of judica- 
tures pro re nata can only be necessary on account of important occur- 
rences unknown at their last meeting, and which cannot be safely 
deferred till their stated meeting, such as scandal raised on a minister's 
character tending to destroy his usefulness and bring reproach on religion, 
or feuds in a congregation threatening its dissolution, or some dangerous 
error or heresy broached; but not matters judicially deferred by the 
judicature, except some unforeseen circumstance occurs, which makes it 
appear that some principal things on which the judgment depends may 
then be had, and cannot be obtained if it is deferred till their stated 
meeting, nor for any matters that ordinarily come in at their stated 
meetings. And when such occasional meetings appear necessary to the 
Moderator himself, it is proper to call the judicature together, or upon 
the application of any two members judging it necessary, provided always 
that seasonable notice be given to all the members of the occasion, time 
and place of meeting, and that it be appointed at such a season as may 
render the attendance of the members practicable. — 1760, p. 305. 

4. Applicants for a meeting pro re nata may name a time and place 

which the Moderator may not change. 

1 . In an application to the Moderator of a Presbytery to call a pro re 
nata meeting of that body, is it competent for applicants to specify a 
particular time and place for such meeting ? 

2. If a particular time or place, or both, be specified in the application 
for a pro re nata meeting of Presbytery, has the Moderator a right, on 
such application, to call a meeting at a different time and place ? 

The first question was answered affirmatively, the second negatively, 
at the recommendation of the Committee. — 1856, p. 522, O. S. 

5. What business may be done at a pro re nata meeting. 

Overture from the Presbytery of Newton, asking the General Assem- 
bly if, at a pro re nata meeting, business, necessarily resulting from 



OF THE PRESBYTERY. 227 

action taken at such meeting, but not included in the call, can be prop- 
erly transacted. For example: at a pro re nata meeting to dissolve a 
pastoral relation and dismiss the pastor, the following items which were 
not in the call were transacted : 

Arrangements were made for declaring the pulpit vacant; 

Supplies were furnished for the vacant pulpit; 

A neighboring pastor was appointed Moderator of the Session of the 
vacant church, according to a standing rule of the Presbytery ; 

The minister dismissed left the important Committee on Systematic 
Beneficence without a chairman, of which Committee the remaining 
members were not able to act : at this pro re nata meeting this vacancy 
was filled. 

The Committee recommend the following answer: Only such action 
should be had at a pro re nata meeting as is essential to complete the 
business directly connected with that named in the call for said meeting. 

In the case submitted the appointment of the chairman of a permanent 
Committee of the Presbytery was not within the limits of the call for 
the pro re nata meeting. Adopted. — 1874, p. 81. 

6. How the place of the regularly appointed meeting may be changed. 

Overture from the Presbytery of Bellefontaine, asking the Assembly 
to provide a plan for the more convenient change of the place of meeting 
of the Presbyteries, similar to that provided for the Synods, as found in 
Moore's Digest, p. 509. 

Answer. Whenever from any cause it shall be necessary to change 
the place of the regularly appointed meeting of a Presbytery, its Stated 
Clerk shall, at the request of at least three -fourths of the Clerks of its 
church Sessions, be authorized to secure another place of meeting, and 
to issue his official call for the meeting of the Presbytery accordingly. 
(See Digest of 1886, p. 509, similar action as to Synod.) — 1890, p. 45. 

XL At every meeting of Presbytery a sermon shall be delivered, if 
convenient; and every particular session shall be opened and closed 
with prayer. 

1. The preacher not necessarily a member of that Presbytery. 

The records of the Synod of Indiana approved, except that on page 
253 it appeared that the Presbytery of Madison, at a certain meeting, 
in the absence of the Moderator, invited a minister from another Pres- 
bytery to preach the opening sermon. This act of Presbytery the Synod 
condemn as unconstitutional. The Committee are of the opinion that 
the Presbvtery by so doing violated no principle of the Constitution. 

Adopted.— 1849, p. 250, O. S. 

[Note. — It will be observed that Sec. xi does not require that the sermon shall be 
delivered at the opening of the meeting.] 

XII. Ministers in good standing in other Presbyteries, or in any sister 
churches, who may happen to be present, may be invited to sit with the 
Presbytery as corresponding members. Such members shall be entitled 
to deliberate and advise, but not to vote in any decisions of the Pres- 
bytery. 



__- FOP.M OF GOVERNMENT, CHAPS. X-XE 

1. Synods and Presbyteries may correspond with local bodies. 

a. Resolved, That while this Assembly would not interfere authorita- 
tively with the lower judicatories in the exercise of their prerogative, 
they would recommend that no ministers should be invited to sit as corre- 
spondents who do not belong to some body in correspondence with this 
Assembly.— 1843, p. 22 E - 

b. The report of the Committee in reference to correspondence with 
the Methodist Episcopal conferences, which had been pot upon the 
docket, was taken up T and the following resolution was adopted, viz. : 

Whereas, The communication of the Oneida Annual Conference of 
the Methodist Episcopal Church solicits only a correspondence between 
themselves and the Synod oi New York and New Jersey, and not with 
the Presbyterian Church generally; and 

Whereas, The Synod has referred the matter to the Assembly without 
submitting any specific proposition or plan for such correspondence; 
therefore, 

Resolved, That the communication be referred back to the Synod to 
adopt such measures as they may deem proper in pursuance of the 
for a correspondent - — 1850, _ ^ 

C. our Pre- Byn - I invite 

of the Methodist Episcopal Church to sit as corresponding 
members ? which was answered by the Assembly unanimously in the 
affirmatk- — 174, K fi 

2. The ecclesiastical bodies must be named. 

Minutes ('Synod of Albany) approved, with the exception of having 
invited several mi: take their seats -ponding members 

without describing the ecclesiastical bodies to which such ministers belong. 
— 1815 

3. An elder cannot sit as a corresponding member. 

An overture from the Presbytery of Milwaukee, for an answer to the 
following question: " In a meeting of Presbytery, is there constitutional 
objection to inviting a ruling elder presK . ' [oderator, 

but not a dele. orresponding member?' 7 It is recom- 

mended that this answer be returned: " He cannot be invited to si' 
corresponding member in the Presbytery, because he is from no body 
in correspondence with it, and becau ligible to the Presbytery as 

one of its constituency, and has not been delegated by his Session/' 

Adopte< : — 18 . p. 48. 

4. A Unitarian minister may not be invited to sit. 

Exception to records of the Synod of the Columbia. We find on 

. 17 this reord: That " The Rev. T. L. Elliott, of the Unitarian 

Church of Portland, being present, was invited to the privileges of the 

floor." 

To this action of the Synod the Assembly excepts, — 1886, p. 110. 



"IT. 



::: 



THE Y^OD. 

I. As :. Mr- :~:t:~ is : - ~--'.. \- : : t Is! ~ :_ t_ . - v: . 

certain district: so a synod is a convention of the bishops and eldera 
within a larger district, including at least three presbYteries. The synod 
may be composed, at its own option, with the consent of a majority of lis 
presbyteries, either of all the bishops and an elder from each congrega- 
tion in its district, with the same modifications as in the presbytery, or 
of equal delegations of bishops and elders, elected by the presbyteries : ■ 
— :.-_'. :_ : ::.~ ':::._;::.' Lz Hi _:ii:: ; li-e - '_ .' —'.z iz.i 
its presbyteries. 



1 X: ie : 



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; or, if the Syr 
derator and Clei 

-t sf"fr-: . F:-fs" ~: 







2 $~-:i zl:-.~ i:: :sr:sf :■: receive :ie ~t~:t:s :: ::> rrfsrvcer: 

their 



I - ;-- ids of Michigan and Indiana. FnceaBs«itaiicaQal actkn.] 
3 Trie Svnris is c—rzniii ± 1S70 
The order of the day, viz., the Enabling Act, was then taken from 
the docket, amended, and passed as follows: 

Besolned, That, in order to carry into foil efSeet the plan of Reunion, 
the fifty-one Synods, into which the Presbyteries of this Church are now 
distributed, be and they are hereby so arranged as to make but thirty- 
four Synods, to be constituted as follows: — 1870, p. 91. 

[X art— For the history of the oisanuasiNTn of %nods pi*w to : 

I-:-- -■;• -j-.-. : . r. : . :>:■? -:: --.-.": :.: : .M.-.^f:~. ■■■■ > . r: >--l.^ 

- — - - ' IT - -. ". ■; "f 5 _ " :•;•* 

1886U ->~ and Mbmtts 1STO. pp. 91-97. For changes in tlw boundaries of these 

-St:::-:? " " :7-..:-.;:' : :f .: „~. _-:_!_-. --.:» . :' :?- . ■ :-.:. -.5 :: .-.'-:._- ^t . -.-.-- iri:-:-; 

4. Churches of Presbyteries beyond the bounds of the United States. 
Besofaed, That the churches connected with any of the Presbyteries of 
this Church that are located bevond the bounds of the United States be. 



230 FORM OF GOVERNMENT, CHAP. XI. 

and they hereby are, attached to the Presbyteiy and Synod as newly- 
arranged to which they are next adjacent. — 1870, p. 127. 

5. Synods organized between 1870 and 1881. 

(1) The Synod of Colorado. 

The Synod of Colorado is hereby constituted ; to consist of the minis- 
ters and churches in the Presbyteries of Colorado, Santa Fe and Wyo- 
ming ; and that said Synod meet at Pueblo, Colo. , on the fourth day of 
September, 1871, at 11 o'clock A.M — 1871, p. 547. 

[Note— Divided, 1883, p. 630. See under (6) below, Synod of Utah.] 

(2) The Synod of Nebraska. 

Overtures from the Presbyteries of Omaha, Nebraska City and Kear- 
ney, praying to be constituted a Synod to be called " The Synod of 
Nebraska." The Committee recommend that their petition be granted, 
and that the time of the first meeting of the Synod be the first Thursday 
in October next, at 7 o'clock P.M., in the First Presbyterian Church of 
Nebraska City; that the Rev. Nahum Gould preach the sermon, and 
preside at the organization of the Synod until a Moderator be chosen ; or, 
in case of his absence or inability to act, the oldest minister present. 
Adopted.— 1874, p. 82. 

(#) The Synod of the Columbia [now Oregon], 

Overture from the Presbytery of Oregon, asking the General Assem- 
bly to erect a Synod on the territory now embraced within the bounds of 
said Presbytery, as herein described, under the name of " The Synod of 
the Columbia," with the following Presbyteries, viz. : 

1. The Presbytery of Oregon, which shall be defined as within that 
part of the State of Oregon situated between the Columbia river on the 
north, and a line beginning at the southwest corner of Benton county, 
and running along the south line of said county to the southeast corner, 
thence along the east line to the southwest corner of Linn county, thence 
along the south line of said county to the summit of the Cascade Moun- 
tains, also t\\Q counties of Wasco, Umatella, Union, Grant and Baker, 
in eastern Oregon, together with the Territory of Idaho; and to consist 
of the following churches, served by seven ministers: Portland, Browns- 
ville, Bethany, Tualitin Plains, Corvallis, Salem, Pleasant Grove, 
Albany, Eagle Park, Kamia, Lapwai, Astoria, Clatsop and Lewiston; 
said Presbytery to convene at Salem, Tuesday, October 17, 1876, at 7.30 
P.M., in the First Presbyterian Church, and be opened with a sermon 
by Rev. Aaron L. Lindsley, D. D. , or, in his absence, by the oldest min- 
ister present, who shall preside until a Moderator be chosen. 

2. The Presbytery of Puget Sound, to be reorganized under the same 
name, and entitled to the books, papers, and other immunities which 
belonged to the old Presbytery of Puget Sound, now in the care of Rev. 
George F. Whitworth ; this Presbytery to include all the Territory of 
Washington, and to consist of the following churches, served by nine 
ministers: Olympia, White River, Seattle, Port Townsend, Puyallop 
Mission, San Juan Islands, Steilacoom, Tumwater, Puyallop, Spokane 
Falls, and Snohomish City; said Presbytery to convene at Olympia, in 
the First Presbyterian Church, on Tuesday, October 17, 1876, at 7.30 
P.M., and to be opened with a sermon by the Rev. George F. Whit- 



OF THE SYNOD. 231 

worth, or, in his absence, by the oldest minister present, who shall preside 
until a Moderator be chosen. 

3. The Presbytery of South Oregon, to be constituted and include all of 
the rest of the State of Oregon not heretofore described; and to consist 
of the following churches, served by seven ministers: Eugene City, 
Empire City, Roseburgh, Jacksonville, Marshfield, Phoenix, and Ash- 
land; said Presbytery to convene Tuesday, October 17, 1876, at 7.30 
P.M., in the First Presbyterian Church of Eugene City, and to be 
opened with a sermon by the Rev. M. Allen Williams, or, in his absence,, 
by the oldest minister present, who shall preside until a Moderator be 
chosen. 

The first meeting of the Synod of the Columbia shall be convened to 
meet Thursday, October 19, 1876, at 7.30 P.M., in the First Presby- 
terian Church of Portland, and be opened with a sermon by the Rev. 
Edward R. Geary, D D., or, in his absence, by the oldest minister 
present. Adopted. — 1876, p. 75. 

(4) Change of name, Columbia to Oregon. 

Be it Enacted, That the Synod of the. Columbia shall hereafter be 
known as the Synod of Oregon, and shall include all Presbyteries within 
the State of Oregon, and the Synod of Oregon is hereby declared to be 
the legal successor of the said Synod of the Columbia. — 1891, p. 187. 

(5) The Synod of Texas. 

Overture, being a request from the Synod of Kansas that the three 
Presbyteries of Austin, North Texas and Trinity, into which the Pres- 
bytery of Austin has been divided, be organized as a Synod. The 
Committee recommend that the request be granted; that the new Synod 
be known as the Synod of Texas; and that their first meeting be held 
in the First Presbyterian Church of Austin, on the second Thursday of 
October, 1878, at 7.30 o'clock P.M., and be opened with a sermon by 
the Rev. William G. Bell, or in his absence by the oldest minister 
present, who shall preside until a Moderator be chosen. Adopted.—- 
1878, p. 57. 

(6) The Synods of Colorado and Utah. 

The Standing Committee on the Polity of the Church presented 

Overtures, being overtures from the Presbytery of Denver and from 
the Synod of Colorado, asking for the division of the Synod of Colorado. 

Your Committee recommend that, as the proposed division seems to be 
expedient for important geographical and other reasons, and is unani- 
mously agreed to by all the parties concerned, therefore, 

Resolved, That the request be granted, in form as desired, viz. : 

1. Out of the Presbyteries of Denver, Pueblo and Santa Fe to con- 
struct a new Synod, to be called The Synod of Colorado, and to be the 
legal successor in all respects of the present Synod of Colorado. 

2. Out of the Presbyteries of Utah, Montana and Wood River (re- 
cently formed) to erect a new Synod, to be known as The Synod of 
Utah. 

3. To authorize the new Synod of Colorado to meet on Wednesday, 
October 10, 1883, at 7.30 P.M., at Del Norte, Colo., and to appoint the 
Rev. John W. Partridge to open the Synod with a sermon, and preside 
until it shall be formally organized by the election of officers. 



232 FORM OF GOVERNMENT, CHAP. XI. 

4. To authorize the new Synod of Utah to meet at Salt Lake City, 
Utah, on Tuesday, August 22, 1883, at 7.30 P.M., and to appoint the 
Rev. Calvin M. Parks to open the Synod with a sermon, and preside until 
it shall be formally organized by the election of officers. 

5. To transfer from the Synod of Columbia and the Presbytery of 
Idaho to the Synod of Utah and Presbytery of Wood River so much of 
the Territory of Idaho as lies east and south of the southern boundary 
of Idaho county, Idaho Territory. Adopted — 1883, p. 630. 

(7) The Synod of Dakota [now South Dakota]. 

The Standing Committee on the Polity of the Church reported 
Overture from the Synod of Minnesota, asking that certain of its 
Presbyteries be set off and erected into a new Synod; also, on the same 
subject, from the Presbytery of Southern Dakota. 

The Committee recommends that these requests be complied with, and 
that the Synod of Dakota be hereby constituted, to include all that part 
of the Territory of Dakota lying south of the 46th parallel of north 
latitude, and to consist of the Presbyteries of Aberdeen, Central Dakota, 
Dakota (including all the ministers and churches among the Dakota 
Indians) and Southern Dakota, now in connection with the Synod of 
Minnesota; and that the said Synod of Dakota convene at Huron, on 
Thursday, the ninth day of October next, at half-past seven o'clock 
P.M., and be opened with a sermon by the Rev. Walter S. Peterson, 
or, in case of his absence, by the senior minister present, who shall 
preside until a Moderator be chosen. Adopted. — 1884, pp. 74, 75. 

(8) Name changed, Dakota to South Dakota. 

The Committee on Bills and Overtures reported overture from the Synod 
of North Dakota, asking the Assembly to change the name of the 
* ' Synod of Dakota ' ' to the ' ' Synod of South Dakota. ' ' 

In view of the representations made in behalf of both Synods, and 
inasmuch as no objection has been presented by the Synod of Dakota, it 
is recommended that the request be granted, and that the Synod of 
Dakota be styled hereafter the Synod of South Dakota. Adopted. — 
1888, p. 71. 

(9) The Synod of North Dakota. 

Overtures and papers requesting the erection of a Synod of North 
Dakota, and showing the assent thereto of all the parties interested. 
We therefore recommend that the request be granted by the adoption 
of the following: 

The Synod of North Dakota is hereby constituted to consist of the 
Presbyteries of Pembina, Northern Pacific and Bismarck, as these Presby- 
teries are bounded by the following constituting act of the Synod of 
Minnesota at its sessions in Rochester, Minn., October 11, 1884: 

1 All that part of Dakota Territory lying between Montana on the 
west, the provinces of Canada on the north, Red river on the east, and 
the north line of Traill, Steel and Griggs counties, due west to the 
Missouri river, and thence along its course to the Montana border, to 
be known as the Presbytery of Pembina. 

2. All that part of the Territory south of this to the 46th parallel, 
west to the east line of Emmons, Burleigh and Sheridan counties (except 



of the synod: 233 

T. 139, R. 73, in Kidder county), to be known as the Northern Pacific 
Presbytery. 

3. All the remaining part of the Territory (including T. 139, R. 73, 
in Kidder county) to be formed into the Presbytery of Bismarck. 

The Synod of North Dakota, thus erected, shall meet at Fargo, 
Dak., on the second Thursday of October, 1885, at 7.30 o'clock P.M. ; 
and the Rev. Francis M. Wood, or, in his absence, the oldest minister 
present, shall preach the opening sermon, and preside until a Moderator 
is chosen. Adopted. — 1885, p. 605. 

[Note. — See for boundary lines under Synod of South Dakota, below.] 

(10) Bounds of the Synods of South and North Dakota. 

Overture, on a change of boundary lines, from the Synod of North 
Dakota. It is recommended that the following action be taken : 

Be it Enacted, by the General Assembly, this twenty- third day of 
May, 1895, that the north line of the South Dakota Synod and the 
south line of the North Dakota Synod shall be the seventh standard 
parallel, so making the lines of these two Synods coterminous with the 
lines of the States within which they are located. Adopted. — 1895, 
p. 79. 

(11) The Synod of Catawba. 

There has also been referred to your Committee an overture from the 
Synod of Atlantic, requesting the Assembly to divide this Synod into 
two Synods, making the boundary line between the States of North and 
South Carolina the Southern boundary of the new Synod, with the 
following result: Within the new Synod, three Presbyteries (Cape Fear, 
Catawba and Yadkin), fifty-four ministers, eighty-nine churches and 
5490 church members; within the at present existing Synod, six Presby- 
teries, sixty-eight ministers, 114 churches and 7719 church members. 
Your Committee recommend that this request be granted, and that, in 
accordance with the request of the Synod of Atlantic, the new Synod be 
called the Synod of Catawba, the old Synod retaining its original name. 
It is also directed that the Synod of Catawba meet at Charlotte, N. C. , 
on the first Wednesday of November, at 7.30 P.M., for organization 
and the transaction of whatever business may come before it, and that 
the Rev. Stephen Mattoon, D.D., or, in his absence, the oldest member 
of the new Synod present, preach the opening sermon and preside until 
a Moderator is elected. Adopted. — 1887, p. 107. 

(12) The Synod of the Indian Territory. 

The Standing Committee on the Polity of the Church reported: 
There have been referred to your Committee two overtures, the one 
from the Synod of Kansas, and the other from the Presbytery of the 
Cherokee Nation, both requesting the formation of a new Synod, to be 
called the Synod of the Indian Territory. 

At its late session at Emporia, held October 8, 1886, the Synod of 
Kansas divided the Presbytery of Indian Territory into three Presby- 
teries, to be called the Presbytery of the Cherokee Nation, the Presby- 
tery of Choctaw, and the Presbytery of Muscogee. It also requested 
the General Assembly at its present session to form these Presbyteries 
into a new Synod. 



234 FORM OF GOVERNMENT, CHAP. XI. 

Your Committee therefore recommends that these three Presbyteries be 
constituted a Synod, to be called the Synod of the Indian Territory; 
that the new Synod hold its first meeting at Vinita, I. T., on the 7th 
day of September, 1887, at 11 o'clock A.M. ; and that the Rev. Robert 
M. Loughridge, D.D., or, in his absence, the oldest minister of these 
Presbyteries present, preach the opening sermon, and preside until a 
Moderator is elected. 

The report was adopted. — 1887, p. 69. 

(13) The Synod of New Mexico. 

Overture from the Synod of Colorado, asking the Assembly to erect a 
new Synod out of the Synod of Colorado, to be composed of the Pres- 
byteries of Arizona, Rio Grande and Santa Fe, to be known as the 
Synod of New Mexico, and to include the Territories of New Mexico, 
Arizona, etc. 

The Committee recommend that the request be granted; and that this 
new Synod be known as the Synod of New Mexico, and hold its first 
meeting at Albuquerque, N. M., on the second Tuesday of October, 
1889, at such hour as maybe most convenient; and that the Rev. G. W. 
Riggle, or, in case of his absence or inability to act, the oldest minister 
present, be appointed to open the meeting with a sermon and preside 
until a Moderator be chosen. — 1889, p. 102. 

(14-) The Synod of Washington. 

Overtures from the Presbytery of Olympia and from the Presbytery 
of Puget Sound, asking for the erection of the Synod of Washington. 

Answer. We recommend that the General Assembly erect a Synod to 
be called the Synod of Washington, which Synod shall be composed of 
the four Presbyteries of Puget Sound, Idaho, Alaska and Olympia. The 
said Synod of Washington shall meet in the First Presbyterian Church 
of Tacoma, in the State of Washington, October 9, 1890, at 7.30 
o'clock P.M., and be opened with a sermon by the Rev. J. R. Thomp- 
son, D.D., or, in his absence, by the minister present who has been 
longest within the bounds of the new Synod. We also recommend that 
the Church of Sumner remain in connection with the Presbytery of 
Puget Sound. —1890, p. 37. 

(15) The Synod [of Montana. 

Overtures from the Synod of Utah, and overture from the Presbytery 
of Montana, requesting that the boundaries of the Synod of Utah be 
changed, and the Synod of Montana be created. We recommend that 
the request be granted, and to this end recommend the following action: 

1. Be it Enacted, by the General Assembly, that the boundaries of 
the Synod of Utah be, and hereby are, changed so that it shall be com- 
posed hereafter of the ministers and churches in the Presbyteries of Utah, 
Boise and Kendall. The Rev. R. G. McNiece, D.D., is hereby ap- 
pointed Moderator (or, in case of his absence or inability to act, the old- 
est minister in commission) to convene the Synod, preach the opening 
sermon and preside until the Synod shall be regularly organized. 
Adopted. 

2. Be it Enacted, by the General Assembly, that the Presbytery of 
Butte be, and hereby is, erected, to consist of Ministers Adam Johnson, 



OF THE SYNOD. 235 

J. I. Campbell, James E. Russell, Eiko J. Groeneveld, Albert R. 
Crawford, James Reid, C. Howard Grube, J. W. Millar, William Clyde, 
I. N. Roberts and A. C. McMillan, with the churches in the counties 
of Missoula, Ravalli, Granite, Deer Lodge, Silver Bow and Beaver 
Head, Montana. The Rev. Eiko J. Groeneveld is hereby appointed 
Moderator (or, in case of his absence or inability to act, the oldest 
minister in commission) to convene the Presbytery, preach the opening 
sermon and preside until the Presbytery shall be regularly organized. 
Adopted. 

3. Be it Enacted, by the General Assembly, that the Presbytery of 
Helena be, and hereby is, erected, to consist of Ministers Dirk E. Den- 
ninck, William B. Reed, Lyman E. Hanna, Andrew Wormser, Thomas 
A. Wickes, Thomas V. Moore, John Dunlap, John F. Lynn, Davis Will- 
son, R. M. Donaldson and Joseph W. Sanderson, with the churches in 
the counties of Lewis and Clarke, Jefferson, Madison, Gallatin, Park, 
Yellowstone and Custer, Montana. The Rev. Thomas V. Moore is 
hereby appointed Moderator (or, in case of his absence or inability to 
act, the oldest minister in commission) to convene the Presbytery, preach 
the opening sermon and preside until the Presbytery be regularly 
organized. Adopted. 

4. Be it Enacted, by the General Assembly, that the Presbytery of 
Great Falls be, and hereby is, erected, to consist of Ministers John Reid, 
Jr., George McVey Fisher, Edwin M. Ellis, John C. Lenhart, George 
Edwards, J. C. Wiggins and David Walker, with the churches in the 
counties of Flathead, Teton, Cascade, Fergus, Meagher, Valley and 
Dawson, Montana. The Rev. George McVey Fisher is hereby appointed 
Moderator (or, in case of his absence or inability to act, the oldest 
minister in commission) to convene the Presbytery, preach the opening 
sermon and preside until the Presbytery shall be regularly organized. 
Adopted. 

5. Be it Enacted, by the General Assembly, that the Presbytery of 
Butte be, and hereby is, constituted the legal successor of the Presby- 
tery of Montana, and all records belonging to the Presbytery of Montana 
shall be turned over to the Stated Clerk of the said Presbytery of 
Butte. Adopted. 

6. Be it Enacted, by the General Assembly, that the Synod of Mon- 
tana be, and hereby is, erected, its boundaries to be coterminous with 
the boundaries of the State of Montana, said Synod to be composed of 
the Presbyteries of Butte, Helena and Great Falls (or such names as 
may be selected by these Presbyteries at their organization). The Rev. 
Andrew Wormser is hereby appointed Moderator (or, in case of his 
absence or inability to act, the oldest minister in commission) to convene 
the Synod, preach the opening sermon and preside until the Synod shall 
be regularly organized. Adopted. — 1893, pp. 130, 131. 

[16) Name of the Synod of the Pacific changed to California. 

Overture from the Synod of the Pacific, desiring that its name be 
changed to the Synod of California. 

The Committee would recommend that the request be granted, and 
proposes the following act for adoption by the General Assembly : 

Be it Enacted, That the Synod of the Pacific shall hereafter be known 
as the Synod of California, and shall include all Presbyteries now included 
within the bounds of the said Synod of the Pacific; and that the Synod 



236 FORM OF GOVERNMENT, CHAP. XI. 

of California is hereby declared to be the legal successor of the said 
Synod of the Pacific— 1892, p. 189. 

6. The Synods as reorganized in 1881. 

[Note. — A Committee was appointed by the Assembly of 1879 {Minutes, p. 614) to 
report on the propriety of proposed changes looking toward the reorganization of the 
Synods of the Church. This Committee was continued, and reported to the Assembly 
in 1881 ; Minutes, pp. 559-562.] 

a. Recommendations adopted. 

1. That the Synods of Albany, Central New York, Geneva, Long 
Island, New York and Western New York be consolidated, and together 
constitute the Synod of New York ; said Synod to comprise within its 
bounds the State of New York, together with our ministers and churches 
in the New England States, and those under the care of the foreign 
missionary Presbyteries of Oroomiah and Siam. 

2. That the Synods of Erie, Harrisburg, Philadelphia and Pittsburgh 
be consolidated, and together constitute the Synod of Pennsylvania; said 
Synod to comprise within its bounds the State of Pennsylvania, together 
with our ministers and churches within the bounds of the State of 
West Virginia, and those under the care of the foreign missionary 
Presbytery of Western Africa. 

3. That the Synods of Cincinnati, Cleveland, Columbus and Toledo 
be consolidated, and together constitute the Synod of Ohio; said Synod 
to have its bounds coterminous with the State of Ohio. 

4. That the Synods of Illinois Central, Illinois North and Illinois 
South be consolidated, and together constitute the Synod of Illinois; 
said Synod to have its bounds coterminous with the State of Illinois. 

5. That the Synods of Indiana North and Indiana South be consoli- 
dated, and together constitute the Synod of Indiana; said Synod to have 
its bounds coterminous with the State of Indiana. 

6. That the Synods of Iowa North and Iowa South be consolidated, 
and together constitute the Synod of Iowa; said Synod to have its 
bounds coterminous with the State of Iowa. 

The Committee would also recommend that the Presbyteries in connec- 
tion with the Synods thus consolidated be advised, at their sessions next 
preceding the meeting of the new Synod to which they wall belong, to 
adjourn to meet during the sessions of said Synod. 

The Committee would also respectfully add, that they have prepared a 
draft of an enabling act, which they append to this report, awaiting 
the pleasure of the Assembly. 

b. The enabling act. 

Resolved, That, in order to carry into full effect the plan for the recon- 
struction of certain Synods, adopted by this Assembly, the following 
action be now taken : 

1. The Synods of Albany, Central New York, Geneva, Long Island, 
New York and Western New York are hereby consolidated, and consti- 
tuted into the Synod of New York; which Synod shall include all the 
Presbyteries within the State of New York, and within New England, 
together with the foreign Presbyteries of Oroomiah and Siam, and all 
the churches and ministers under the care of said Presbyteries; and the 
Synod of New York, as thus constituted, is hereby declared to be the 
legal successor of the Synods of Albany, Central New York, Geneva, 



OF THE SYNOD. 237 

Long Island, New York and Western New York, and, as such, entitled 
to the possession and enjoyment of all the rights and franchises, and 
liable to the performance of all the duties, of those Synods. 

The Synod of New York, as thus constituted, shall meet on the third 
Tuesday' of October, A.D. 1882, at half-past seven o'clock P.M., in the 
First Church of Utica, N. Y., and shall be opened with a sermon by 
the Rev. Henry A. Nelson (or, in his absence, by the Rev. David R. 
Frazer), who shall preside until a Moderator be elected. This resolution 
and action shall take effect on the second day of January, in the year of 
our Lord 1882. 

2. The Synods of Erie, Harrisburg, Philadelphia and Pittsburgh are 
hereby consolidated, and constituted into the Synod of Pennsylvania; 
which Synod shall include all the Presbyteries within the State of Penn- 
sylvania, together with those within the State of West Virginia, and the 
foreign Presbytery of Western Africa, and all the ministers and churches 
under the care of said Presbyteries; and the Synod of Pennsylvania, as 
thus constituted, is hereby declared to be the legal successor of the Synods 
of Erie, Harrisburg, Philadelphia and Pittsburgh, and, as such, entitled 
to the possession and enjoyment of all the rights and franchises, and 
liable to the performance of all the duties, of those Synods. 

The Synod of Pennsylvania, as thus constituted, shall meet on the 
third Thursday of October, A.D. 1882, in the Market Square Church 
of Harrisburg, Pa., at three o'clock P.M., and shall be opened with a 
sermon by the Rev. Henry S. Butler (or, in his absence, by the Rev. 
Wallace Radcliffe), who shall preside until a Moderator be elected. This 
resolution and action shall take effect on the second day of January, in 
the year of our Lord 1882. 

3. The Synods of Cincinnati, Cleveland, Columbus and Toledo are 
hereby consolidated, and constituted into the Synod of Ohio; which 
Synod shall include all the Presbyteries within the State of Ohio, and 
all the ministers and churches under the care of said Presbyteries; and 
the Synod of Ohio, as thus constituted, is hereby declared to be the legal 
successor of the Synods of Cincinnati, Cleveland, Columbus and Toledo, 
and, as such, entitled to the possession and enjoyment of all the rights 
and franchises, and liable to the performance of all the duties, of those 
Synods. 

The Synod of Ohio, as thus constituted, shall meet on the second 
Monday of October, A.D. 1882, at half -past seven o'clock P.M., in 
the Second Presbyterian Church of Columbus, Ohio, and be opened with 
a sermon by the Rev. Charles C. Beatty (or, in his absence, by the 
Rev. E. Perkins Pratt), who shall preside until a Moderator be elected. 
This resolution and action shall take effect on the second day of January, 
in the year of our Lord 1882. 

4. The Synods of Indiana North and Indiana South are hereby con- 
solidated, and constituted into the Synod of Indiana; which Synod shall 
include all the Presbyteries within the State of Indiana, and all the 
ministers and churches under the care of said Presbyteries; and the 
Synod of Indiana, as thus constituted, is hereby declared to be the legal 
successor of the Synods of Indiana North and Indiana South, and, as 
such, entitled to the possession of all the rights and franchises, and liable 
to the performance of all the duties, of those Synods. 

The Synod of Indiana, as thus constituted, shall meet on the second 
Thursday of October, A.D. 1882, at half-past seven o'clock P.M., in 



238 FORM OF GOVERNMENT, CHAP. XI. 

the Second Presbyterian Church of Indianapolis, Ind., and shall be 
opened with a sermon by Rev. Joseph F. Tuttle (or, in his absence, by 
the Rev. Daniel W. Fisher), who shall preside until a Moderator be 
elected. This resolution and action shall take effect on the second day 
of January, in the year of our Lord 1882. 

5. The Synods of Illinois Central, Illinois North and Illinois South 
are hereby consolidated, and constituted into the Synod of Illinois; 
which Synod shall include all the Presbyteries within the State of Illinois, 
and all the ministers and churches under the care of said Presbyteries; 
and the Synod of Illinois, as thus constituted, is hereby declared to be 
the legal successor of the Synods of Illinois Central, Illinois North and 
Illinois South, and, as such, entitled to the possession and enjoyment of 
all the rights and franchises, and liable to the performance of all the 
duties, of those Synods. 

The Synod of Illinois, as thus constituted, shall meet on the third 
Tuesday of October, A.D. 1882, at half-past seven P.M., in the Second 
Presbyterian Church of Springfield, 111., and shall be opened with a 
sermon by the Rev. Robert W. Patterson (or, in his absence, by the 
Rev. Thomas W. Hynes), who shall preside until a Moderator be elected. 
This resolution and action shall take effect on the second day of January, 
in the year of our Lord 1882. 

6. The Synods of Iowa North and Iowa South are hereby consolidated, 
and constituted into the Synod of Iowa; which Synod shall include all 
the Presbyteries within the State of Iowa, and all the ministers and 
churches under the care of said Presbyteries ; and the Synod of Iowa, as 
thus constituted, is hereby declared to be the legal successor of the 
Synods of Iowa North and Iowa South, and, as such, entitled to the 
possession and enjoyment of all the rights and franchises, and liable to 
the performance of all the duties, of those Synods. 

The Synod of Iowa, as thus constituted, shall meet on the third 
Thursday of October, A.D. 1882, at half-past seven o'clock P.M., in 
the Central Presbyterian Church of Des Moines, la., and shall be 
opened with a sermon by the Rev. Samuel S. Howe (or, in his absence, 
by the Rev. Alexander S. Marshall), who shall preside until a Modera- 
tor be elected. This resolution and action shall take effect on the second 
day of January, in the year of our Lord 1882. — 1881, pp. 562-565. 

7. Custody of the records of the Synods thus consolidated. 
Resolved, That the Stated Clerks of the several Synods now consoli- 
dated in other Synods, be directed to deposit the records of said Synods 
with the Stated Clerks of the Synods which are their legal successors. — 
1882, p. 94. 

[Note. — For Synods formed since 1882, see under (5), above: Utah, 1883; South 
Dakota, 1884, 1888, 1895; North Dakota, 1885; Catawba, 1887; Indian Territory, 
1887 ; New Mexico, 1889 ; Washington, 1890 ; Montana, 1893.] 

8. The official relation of the Stated Clerk of a judicatory terminates 

by his removal from its bounds. The custody of the records is with 

the Permanent Clerk or the Moderator. 

Overture, from the Presbytery of Chester, asking whether the Stated 

Clerk of a Synod who changes his Presbyterial and Synodical connection, 

terminates thereby his official connection with the Synod as Stated 

Clerk; and, if so, into whose hands the books, papers and other 

property of the Synod are to be delivered. 



OF THE SYNOD. 239 

Answer. While the Stated Clerk, whether a member of the judicatory 

or not, is only its servant, his official relation therewith terminates by 
his removal beyond its bounds, and the records, books, etc. . should go 
into the hands of the Permanent Clerk, till a successor is elected, and if 
there be no Permanent Clerk, then into the hands of the Moderator. 
Adopted.— 1895, p. 101. 

II. Any seven ministers, belonging to the Synod, who shall convene 
at the time and place of meeting, with as many elders as may be present, 
shall be a quorum to transact synodical business ; provided not more than 
three of the said ministers belong to one Presbytery. 

1. When a Synod consists of three Presbyteries, the withdrawal of one 
of them, for judicial business, does not destroy the quorum. 

a. An overture from the Presbytery of New Castle, asking the Gen- 
eral Assembly, " in view of the withdrawal of the Presbytery of Rio 
de Janeiro from the Synod of Baltimore, causing that Synod to be left 
without a constitutional quorum of Presbyteries in issuing judicial cases, 
to enlarge the Synod of Baltimore by the addition of one or more Pres- 
byteries.' 3 

The Committee refers to Chap, xi, Fomi of Government, and says, 
" The Synod of Baltimore, as now constituted, comprises the three 
Presbyteries of Baltimore, New Castle and Washington City," and 
recommend that no action be taken. The report was adopted. — 1889, 
p. 80. 

b. Overture, from the Synod of Atlantic, concerning a quorum of 
Synod, questions : 

(1) In the case of a Synod composed of three Presbyteries and seven 
ministers, not more than three of whom are from one Presbytery, does 
this constitute a quorum for all Synodical business ? 

The answer recommended is. Yes. See Form of Government, Chap, 
xi. Sec. 2. 

(2) Does the withdrawal of one Presbytery, as required by the Book 
of Discipline (Sees. 90 and 98), in judicial cases, vacate the quorum of 
Synod for judicial business ? Your Committee recommend as an answer: 
The Synod being constituted with a quorum present, remains legally 
constituted for judicial business after such withdrawal of one of the 
Presbyteries. Adopted.— 1892, p. 189. 

2. The rule as to a quorum must be observed. Irregular proceedings, 

how treated. 

It appears from the record that certain members of the Synod of West 
Tennessee met at Knoxville, Tenn. , October 12, 1848, and constituted 
themselves the Synod of West Tennessee, contrary to the Fonn of 
Government, Chap, xi. Sec. 2, there being seven ministers present, but 
four of them were from one Presbytery. 

1. The Assembly declare all proceedings and acts of those members of 
the Synod of West Tennessee found recorded on pp. 211—230 unconstitu- 
tional and invalid, except so far as relates to the appointment of the time 
and place for the next meeting of Synod. 

2. That the Synod be directed to review, at its first regular meeting 
hereafter, the proceedings and acts of said members of the Synod, and 



240 FORM OF GOVERNMENT, CHAP. XI. 

that they adopt or reject the same, in whole or in part, as they may see 
fit— 1849, p. 248, O. S. See 191, p. 144. 

3. The acts of less than a quorum are unconstitutional and void. 

a. In regard to the minutes of 1855, Synod of Arkansas, the Assem- 
bly declares: 

1. That the proceedings and acts of the members of said Synod, met 
at Little Rock, September 20, 1855, are unconstitutional and void — 
inasmuch as they proceeded without such a quorum as the Constitution 
requires — except so far as relates to the appointment of the time and 
place of the next meeting. 

2. The Synod is directed to review, at its next regular meeting, the 
proceedings and acts of said members, and to adopt or reject them, in 
whole or in part, as they may see fit. — 1856, p. 539, O. S. See 191, 
p. 144. 

b. The Judicial Commission appointed in the case of the Appeal and 
Complaint of James A. Rainey presented its report, as follows : 

Report of the Judicial Commission appointed to find judgment in the 
case of the Appeal and Complaint of the Rev. James A. Rainey against 
the action of the Synod of Atlantic, viz.: Judicial Case, No. 2: 

Finding. — It appears from the records of the Synod of Atlantic that 
the action complained against by Rev. James A. Rainey was taken 
without a quorum required by the Constitution, and that therefore said 
action was unconstitutional and is void. 

The Synod is directed to review at its next regular meeting the 
proceedings and action regarding this case, and complained against by 
Rev. James A. Rainey, and to adopt or reject them, in whole or in part, 
as the Synod may determine. 

The report of the Commission was confirmed, and its finding entered 
on the minutes. — 1891, p. 144. 

4. Meetings pro re nata constitutional. 

a. The Committee of Overtures also reported Overture No. 13. 
This overture was taken up, and is as follows, viz. : ' ' An answer is 

requested to the following question, viz. : Has the Moderator of a Synod 
a right to call a meeting of the Synod during the interval of its stated 
sessions ?' ' 

Resolved, by the Assembly, That this question be answered in the 
affirmative.— 1829, p. 268. 

b. The Assembly took up the protest and complaint of a minority of 
the Synod of Virginia against a decision of said Synod in favor of called 
meetings of Synod. The complainants and Synod were heard, after 
which it was resolved that the complaint be not sustained. — 1832, p. 368. 

C. The Committee on the Records of the Synod of Tennessee reported 
that after a careful examination of those records they find them correct ; 
and the attention of the Committee having been called to the report of 
a Committee of the Synod of Tennessee relating to the constitutionality 
of a called meeting of said Synod, convened in accordance with a declar- 
atory resolution of the General Assembly of the Presbyterian Church in 
1796, and found on page 321 of the Digest published in 1820, after a 
careful examination of the whole subject, they recommend the following 
action in the case: That in the judgment of this General Assembly the 
meeting of the Synod of Tennessee at Knoxville, in said State, on the 



OF THE SYNOD. 241 

ninth day of November, was in accordance with the Constitution of the 
Presbyterian Church, aud the Assembly do so declare. The report was 
adopted.— 1855, p. 16, N. S. 

5. The authority for a meeting pro re nata is not found in Chap, x, 
Sec. x, Form of Government. 

The Committee appointed to examine the records of the Synod of 
Michigan reported, recommending their approval as far as written, with 
this exception, viz. , the calling of a pro re nata meeting at Petersburg, 
September 4, 1873, for the purpose of changing the time of the regular 
meeting, in order that the Synod might not be in session during the meet- 
ing of the Evangelical Alliance in the city of New York. 

It appears from the record that the Moderator issued a call for this 
special meeting of the Synod, basing his authority on the Form of 
Government, Chap, x, Sec. x. 

Your Committee think that this section refers to Presbyteries, and not 
to Synods. 

The report was adopted. — 1874, p. 85. 

[Note. — In this case the Assembly is not to be understood as denying the constitu- 
tionality of the meeting pro re nata, but the relevancy of the authority quoted. 

The authority for calling a meeting pro re nata of Synods is to be found in Form of 
Government, Chap, xix, Sec. ii, last clause. See also next below.] 

6. A pro re nata meeting to approve the minutes sustained. 

The Committee on the Minutes of the Synod of Cincinnati, inter alia, 
call the attention of the Assembly to two protests — one, the minutes of 
the Synod against important action of that body; the other, the act of 
the Moderator in convening a pro re nata meeting of the Synod to 
approve the minutes. Your Committee, after careful consideration, are 
of the opinion that both these actions should be approved. Adopted. — 
1878, p. 118. 

7. The Moderator must specify the object of the meeting. 

The records of the Synod of Kentucky were approved, except the record 
of a meeting of Synod, which was convened pursuant to call of the 
Moderator, without a specification of the object for which they were con- 
vened.— 1823, p. 74. 

8. When a Synod has failed to meet on its adjournment, the Moderator 
is competent to call a meeting. 

As it appeared from the representations of ministers and elders assem- 
bled at Yorktown, the 20th of October, 1795, and signed Robert David- 
son, that the Synod of Philadelphia did not meet according to its last 
adjournment, nor since the time to which it was adjourned : On motion, 

Resolved, That the Moderator of the Synod of Philadelphia, the Rev. 
Dr. Robert Davidson, ought to be considered as competent to call a 
meeting of the same, and that he do accordingly call a meeting, to be 
held in the Third Presbyterian Church in the city of Philadelphia, on 
the fourth Wednesday of October next; and that he give due notice 
thereof by a circular letter to the Moderators of the several Presbyteries 
composing the said Synod, whose duty it shall be to acquaint the other 
members. 

Resolved, as the opinion of the Assembly, That from the nature of 
the thing, two or more members of any judicatory, meeting according to 
.16 



242 FORM OF GOVERNMENT, CHAP. XI. 

the adjournment, may adjourn from day to day until a sufficient number 
attend for the transacting of business, and in case a quorum should not 
attend within a reasonable time, that the Moderator shall be considered 
as competent to fix any time and place he may judge proper for con- 
vening the body ; and if he be absent, that the members assembled shall 
represent the matter speedily to him, that he may act accordingly. — 
1796, p. 113. 

9. The Assembly may fix time and place. 

A request from the Moderator of the Synod of Upper Missouri, that 
as the Synod failed to meet last fall, according to adjournment, in 
Kansas City, owing to the distracted state of the country, the Assembly 
would enjoin upon said Synod to meet in Liberty Church, Clay county, 
Missouri, on the 1st day of October next, at 7 o'clock P.M. 

The Committee recommend that the request be granted, and the Synod 
be and hereby is directed to meet accordingly. — 1862, p. 596, O. S. 
Time changed to October 8, and report adopted. — p. 610, 

At the same meeting a similar request from the Synod of Baltimore 
was answered in the same manner. — p. 596, O. S. 

Also Synod of Missouri, N. S.— 1862, p. 14; O. S., 1842, p. 16. 

On petition of the Presbytery of Albany, the Assembly changed the 
time of the meeting of the Synod of Albany on account of the meeting 
of the Evangelical Alliance. — 1873, p. 525; Synod of China, 1888, p. 
57; Synod of New Jersey, 1896, p. 48. 

10. Moderator may not change the time of meeting. 

a. Resolved, That the records of the Synod of North Carolina be 
approved, with the exception of the postponement of the regular meeting 
of Synod by the Moderator, which this Assembly consider irregular. — 
1848, p. 36, O. S. 

b. Records of the Synod of Illinois approved, except in the case of 
the action of that body, as recorded on page 415, sustaining the act of 
the Moderator of the Synod in changing the time of its annual meeting. 
—1854, p. 500, N. S. 

11. Action of Synod, changing the place of meeting, legalized. 

Overture from the Synod of New York, asking the Assembly to 
acknowledge and authorize the regularity of a meeting of the Synod, 
which was held at Peekskill in October, 1880, instead of at Newbury - 
port, according to previous adjournment. Reasons beyond the control of 
the Synod made the change necessary, and the action of the Synod was 
unanimously approved by its own members. The Committee recommend 
that the action of the Synod be hereby legalized. Adopted. — 1882, 
p. 95. 

12. How the place of meeting may be changed. 

Overture, from the Presbytery of Lansing, asking the Assembly to 
provide a plan for the more convenient change of place for the meeting 
of a Synod when it proves to be impracticable for it to meet at the place 
to which it stands adjourned. 

The Committee recommends the following answer: 

Whenever, from any cause, it shall be necessary to change the place 
of the regularly appointed meeting of a Synod, its Stated Clerk shall, 
at the request of the Stated Clerks of at least three -fourths of its Pres- 



OF THE SYNOD. 243 

byteries, be authorized to secure another place of meeting, and to issue 
bis official call for the meeting of the Synod accordingly. Adopted. — 
1884, p. 78. 

13. Business session on the Sabbath censured. 

a. The Committee appointed to examine the records of the Synod of 
North Carolina reported, when the records were approved, with the 
exception that on page 48 it is recorded that Synod held a session on 
Sabbath evening. This was the closing meeting; and though it does not 
seem to have been one of much business, still, in the opinion of the 
Assembly, it was not proper. — 1834, p. 445. 

b. The records of the Synod of Peoria approved, with the exception 
" that on page 33 there is the record of a business meeting held on Sab- 
bath evening."— 1846, p. 18, K S. 

C. The records of the ' Synod of South Dakota were approved with 
the following exception, viz., Exception is taken to the transaction of 
business on the Sabbath day, as recorded on pp. 307-309 of the minutes, 
session of Sabbath evening, October 9, 1892.— 1893, p. 213. 

III. The same rule, as to corresponding members, which was laid 

down with respect to the Presbytery, shall apply to the Synod. 

[Note. — The rule is as follows : (Form of Government, Chap, x, Sec. xii) : 
"Ministers in good standing in other Presbyteries, or in any sister churches, who 
may happen to be present, may be invited to sit with the Presbytery as corresponding 
members. Such members shall be entitled to deliberate and advise, but not to vote 
in any decisions of the Presbytery." 
For decisions under it, see ante, Form of Government, Chap, x, Sec. xii, p. 228.] 

1. The record should name the body to which a corresponding member 

belongs. 

a. The proceedings of the Synod of Albany approved, with the 
exception of having invited several ministers to take their seats as 
corresponding members, without describing the ecclesiastical body to 
which such ministers belong. — 1815, p. 578. 

b. The records of the Synod of Illinois approved, " except the Rev. 
Messrs. James H. Dickey, Dewey, Whitney and W. Comstock, minis- 
ters of the Church of Jesus Christ, being present, were invited to sit as 
corresponding members, ' ' the bodies to which the ministers respectively 
belong not being mentioned. — 1840, p. 296, O. S. 

C. The records of the Synod of Peoria were approved, with the excep- 
tion that on page 28 mention is made of a minister being invited to sit 
as a corresponding member without designating the ecclesiastical body to 
which he belonged.— 1846, p. 18, K S. 

d. The records of the Synod of Illinois, p. 440, " do not state the 
ecclesiastical connection of the Rev. Amasa Lord, who was invited to 
sit as a corresponding member." — 1857, p. 387, N". S. 

e. The Synod of Tennessee, with the exception that a minister was 
invited to sit as a corresponding member from the ' ' Holston Confer- 
ence," no denominational designation being given to the Conference — 
1895, p. 125. 

IV. The Synod has power to receive and issue all appeals regularly 
brought up from the Presbyteries, provided, That in the trial of 
judicial cases the Synod shall have power to act by commission, in 
accordance with the provisions on the subject of Judicial Commissions 



244 FORM OF GOVERNMENT, CHAP. XI. 

in the Book of Discipline ; to decide on all references made to them ; its 
decisions on appeals, complaints and references, which do not affect the 
doctrine or Constitution of the Church, being final ; to review the records 
of Presbyteries, and approve or censure them; to redress whatever has 
been done by Presbyteries contrary to order; to take effectual care 
that Presbyteries observe the Constitution of the Church; to erect new 
Presbyteries, and unite or divide those which were before erected ; gener- 
ally to take such order with respect to the Presbyteries, Sessions and 
people under their care, as may be in conformity with the Word of God 
and the established rules, and which tend to promote the edification of 
the Church; and, finally, to propose to the General Assembly, for their 
adoption, such measures as may be of common advantage to the whole 
Church. 

[Note— As amended, 1880, p. 74 ; 1881, p. 524 ; 1884, p. 89 ; 1885, p. 637.] 

1. The Synod has appellate, but not original, jurisdiction. 

a. The Assembly having maturely considered the appeal of Mr. 
Davis from the proceedings of the Synod of the Carolinas in his case, 

Resolved, That, although they highly approve of the zeal of the Synod 
to preserve the purity and peace of the Church within their bounds, yet 
they cannot but decide that in their proceedings in the above case, in 
deciding that they had a right to try Mr. Davis, when there was no 
reference nor appeal in his case before them, they have not strictly 
adhered to the Constitution of the Presbyterian Church. — 1810, p. 448. 

b. The Committee appointed to report on the petition of the Presby- 
tery of South Carolina relative to a reconsideration of a decision of last 
Assembly reported, and recommended the reconsideration. Their report 
was rejected and the Committee discharged. Whereupon, 

Resolved, That though the General Assembly regret the dissatisfaction 
of the Presbytery of South Carolina in the case of Mr. Davis, yet they 
cannot see it to be expedient or proper to reconsider the judgment of the 
General Assembly of last year on the case in question. — 1811, p. 468. 

C. That the Synod (of Genesee) seem to have forgotten the nature 
and limits of their appellate, as distinguished from the original, jurisdic- 
tion in the case, in that they censure at their bar the appellant in a way 
competent, in any circumstances, only to the Session of the church to 
which the appellant was primarily amenable. — 1840, p. 11, N. S. 

2. The Synod may not institute judicial process. 

The proceedings of the Synod of Cincinnati, in the institution and 
prosecution of judicial process against William Graham, are unconsti- 
tutional and irregular, and therefore null and void; and the Synod is 
hereby enjoined to take constitutional action in the case, and to revise 
and correct its proceedings accordingly. — 1846, p. 31, N. S. 

[Note.— See Book of Discipline, Chap, iv, Sec. xviii.] 

3. The Synod may reverse and correct the action of Presbytery, but 
must observe the rules of discipline. 

The Assembly having heard the complaint of the Presbytery of Car- 
lisle against the Synod of Philadelphia, in the case of William S. 



OF THE SYNOD. 24-3 

M' Dowell, with the facts and arguments offered both by the Presbytery 
and the Synod, judge that the Synod had a constitutional right to reverse 
the decision of the Presbytery in this case, either in whole or in part, as 
to them might seem proper, but that in the exercise of this right the 
Synod have not duly regarded the principles of discipline prescribed in 
the Constitution; inasmuch as it appears by their records that they have 
removed all censure from a man whom they declare to be deserving of 
rebuke, without directing that rebuke to be administered, and without 
receiving any evidence of his penitence. — 1823, p. 81. 

4. The Synod has jurisdiction over the members of an extinct Presbytery 
not received by any other Presbytery.— 1825, p, 147. 

[Note. — See above, Chap, x, Sec. viii; also Book of Discipline, Chap, xi, Sec. cxiii.] 

5. A Synod visits a church to ascertain the acceptability of its elders. 

a. Resolved, That the Assembly expresses no opinion upon the action of 
the Synod (of New Jersey) in appointing a Committee to visit the Third 
Church, Newark, in order to ascertain if any member of the Session 
were unacceptable to the people. — 1862, p. 631, O. S. 

b. The next year the complaint of William B. Guild against the 
action of the Synod was sustained pro forma. — 1863, p. 35, O. S. 

6. Synod may direct the dissolution of the pastoral relation. 

A Synod directs a Presbytery to dissolve the pastoral relation, and on 
complaint to the Assembly is sustained. (See above, Chap, x, Sec. viii, 
etc., appeal of Jos. Connell vs. Synod of Pittsburgh.) — 1868, p. 648, 
O. S. 

7. The Synod has power to direct a Presbytery to issue a certificate 

of dismission. 

No. 2 is an appeal of Mrs. Nannie J. Dull from the action of the 
Synod of Harrisburg. The facts, as set forth in this appeal, are these: 
The Session of the church of McVeytown, after being repeatedly 
directed by the Presbytery of Huntingdon to grant Mrs. Dull a certifi- 
cate of dismission, still refused to do so; thereupon the Synod of Harris- 
burg ordered the Presbytery to issue to her a certificate of good and 
regular standing in the church of McVeytown. This order was com- 
plied with by the Stated Clerk of the Presbytery. This certificate Mrs. 
Dull returned to the Stated Clerk, and appeals from the action of the 
Synod, on the ground " that such certificate not being, in her judgment, 
in accordance with the Discipline of our Church, must necessarily be 
considered not a valid document, and must arouse suspicion unless 
endorsed by the highest authority." Your Committee recommend the 
following action by the Assembly in this case: The Synod had the power 
to issue the order complained of, and the certificate so issued is a valid 
document. Adopted. — 1875, p. 511. 

8. The Assembly will not entertain appeals which do not affect the 
doctrine or Constitution of the Church. 

[Note. — See under Book of Discipline, Chap, ix, Div. iv, " Of Appeals," Sec. xcv, 
pp. 723-729.] 

a. Complaint of Rev. N. West, D.D., against the Synod of Minne- 
sota. A careful examination of the instructions of the last General 
Assembly, of the action of the Synod of Minnesota, and of the 



246 FORM OF GOVERNMENT, CHAP. XI. 

Complaint of Dr. West, fails to discover any question of doctrine or any 
constitutional question involved in the decision of the Synod of Minne- 
sota, or presented in the Complaint of Dr. West, which would justify 
the consideration of this Complaint by the General Assembly. In the 
judgment of your Committee, the action of Synod being final, according 
to our law, the Complaint of Dr. West cannot come properly before 
the Assembly. We recommend, therefore, that the Complaint of Rev. 
Dr. West be dismissed. Adopted. — 1891, p. 143. 

[Note— See Minutes, 1890, p. 109 ; and the report in full, 1891, pp. 143, 144.] 

b. Appeals of John W. Ellis, D.D., vs. the Synod of the Pacific. — 
1892, p. 214. 

C. Appeal of E. C. Battelle vs. Synod of Nebraska dismissed 

" The questions involved do not affect the doctrine or constitution of the 
Church."— 1896, p. 84. 

V. The Synod shall convene at least once in each year; at the open- 
ing of which a sermon shall be delivered by the Moderator, or, in case 
of his absence, by some other member; and every particular session 
shall be opened and closed with prayer. 

1. The above rule construed literally, and must be obeyed. 

a. The records of the Synod of Pittsburgh approved, except ' ' that at 
the opening of the Synod no sermon was delivered, as the Constitution 
requires, but on the following evening." — 1827, p. 205. 

b. The records of the Synod of Albany, except that " the Synod was 
opened without a sermon, whereas the Form of Government, Chap, xi, 
Sec. v, requires that a sermon shall be preached." — 1843, p. 181, O. S. 

C. Records of Synod of Buffalo, except, 

3. That it appears by the record on page 75 that a meeting of the 
Synod was opened without a sermon, whereas the Form of Government, 
Chap, xi, Sec. v, requires that a sermon shall be preached. 

And again, on page 79, that at the opening of the Synod no sermon 
was delivered, as the Constitution requires, but on the following evening. 
—1856, p. 520, O. S. 

2. The records should state that the meetings were opened and closed 

with prayer. 

[Note. — See under Book of Discipline, Chap, ix, Sec. lxxii, censures of Synods for 
failing to record the opening or closing with prayer.l 

VI. It shall be the duty of the Synod to keep full and fair records of 

its proceedings, to submit them annually to the inspection of the General 

Assembly, and to report to the Assembly the number of its Presbyteries, 

and of the members and alterations of the Presbyteries. 

[Note. — For exceptions to the records of Synods, see below, and also under Book 
of Discipline, Chap, ix, Sec. lxxii.] 

1. The records must be full and fair. Reasons for decisions must be 

recorded. 

a. Synod of Pittsburgh, except resolution on page 74, disapproving of 
the proceedings of a Presbytery, without assigning the reasons. — 1820, 
p. 728. 



OF THE SYNOD. 247 

b. Synod of Ohio, except a minute on page 243, disapproving of a 
decision of a Presbytery, and ordering said Presbytery to reconsider 
that decision, without any reasons being assigned. — 1827, p. 202. 

C. The Synod of Onondaga approved with the following exception : 

On page 186 we find the Synod administering censure to the Presby- 
tery of Cayuga for an act of discipline toward one of its churches, on 
the ground that the reasons for such discipline were not given according 
to the requirements of our Book of Discipline ; yet on the next page we 
find said Synod reaffirming the acts of a church censured by its Presby- 
tery, and reversing the decision of the Presbytery without giving the 
required reasons for such a singular proceeding. 

The report was adopted. — 1863, p. 277, K S. 

d. The Synod (of Illinois) have not discharged their duty. They 
ought to have spread upon their record everything which influenced 
their judgment in the case. — 1840, p. 303, O. S. 

2. The subject matter of the complaints must be recorded. 

1. The records of the Synod of Cincinnati were approved with the fol- 
lowing exceptions, that on page 36 the minute is defective in that a 
complaint was received, referred and decided, without any statement 
with regard to the subject matter of said complaint. 

2. This defect in the record disables this Assembly from deciding as 
to the validity of the recorded reasons given for the decision of the 
Synod in the case on page 37. 

3. This defect in the minutes is the more to be excepted against, inas- 
much as it records the implied censure of the complainant, while the 
Assembly is deprived of the opportunity to pass upon the case. — 1866, 
p. 50, O. S. 

3. Reasons for judicial action must be recorded. 

a. The Committee appointed to examine the records of the Synod 
of Harrisburg reported, recommending their approval, with the excep- 
tion of the judicial case on pp. 179 and 180, in which the Synod found 
the papers of a complaint in order, and dismissed the case without 
assigning a reason. The report was adopted. — 1874, p. 85. 

b. The Committee on the Records of the Synod of the Pacific 
reported, recommending their apjDroval with the folloAving exceptions: 

That a slight irregularity appears in the proceedings had in the case of 
the complaint of Rev. Frederic E. Shearer, and others, against the 
action of the Presbytery of San Francisco, in dropping from the roll 
the name of Rev. John D. Strong. From p. 532 it appears that the 
Synod refused to sustain the complaint, without recording any reason 
for its action. This exception corresponds with the action of the Assem- 
bly on Paper No. VIII of the report of the Judicial Committee. The 
report was adopted. — 1881, p. 573. 

C. The Committee on the records of the Synod of the Columbia 
reported, recommending their approval, with the following exception, 
to wit: 

That in the case of an appeal of Rev. Isaac H. Condit in re Presby- 
tery of Oregon vs. Rev. Harlan P. Peck, it appears that the Synod, 
after hearing the case and taking its final vote, on notice of an appeal 
against the findings of the Synod decided to postpone further action in 
the case until after hearing the decision of the Assembly, and that ' ' no 



248 FORM OF GOVERNMENT, CHAP. XI. 

formal minute of the action of the Synod was entered upon its records, 
and no reasons for its action given." (See Rep. Judicial Com., Paper 
No. XL) The report was adopted.— 1881, p. 593. 

[Note. — See Book of Discipline, Chap, iv, Sec. xxiv.] 

4. Synod of Atlantic, defects excepted to and the Synod required to 

review and correct its proceedings, which were of a judicial charac- 
ter. 

The records of the Synod of Atlantic were approved with the follow- 
ing exceptions: 

1. That the minutes lack in fullness. Important reports are referred 
to as on file, which should appear on the minutes (see pages 413 and 
414) (Digest, 194, 513). On page 417 a paper is recorded without 
reference to its source, or whether it was acted on by the Synod. The 
minutes are not complete enough to give the knowledge properly to 
judge of the proceedings in many cases. 

No report of the Committee on Leave of Absence is made, enabling 
one to determine the state of the roll after it was made up at the opening 
of the session. 

The Synod omitted to approve the minutes of the last day of its meet- 
ing before sending their records to the Assembly. 

2. The irregularity of its proceedings in entering upon the transaction 
of business without a quorum. 

And also, although a quorum was subsequently present, the issuing of 
a judicial case by a vote of five to one. 

Your Committee would recommend that with respect to the irregularity 
of its proceedings, this Assembly direct the Synod of Atlantic to review 
and correct so much of its proceedings as were of a judicial character, in 
accordance with the provisions of the Book of Discipline (Chap. Ixxiv), 
care being had in such review and correction to the direction of this 
Assembly in the matter of the appeal of the Eev. James A. Rainey 
against the Synod of Atlantic (see p. 144), no part of this recommenda- 
tion being understood as characterizing the proceedings as other than 
irregular.— 1891, p. 188. 

5. Records should show a complete roll and action upon reports ; cen- 

sure may not be passed without trial or self-accusation. 

The records of the Synod of North Dakota were approved with the 
following exceptions: 

1. The roll of Synod fails to record absentees (Minutes, General 
Assembly, 1882, p. 94). 

2. On p. 5 of the minutes it is stated that the names of additional 
members were added, but the names were not given, and the record 
nowhere shows the completed roll of members in attendance. 

3. On pp. 31 and 32 of the minutes the report of the Committee on 
Finance is recorded, but the record fails to show any action thereon. 
The report should in some way have been acted upon or excluded from 
the records. 

4. We note that in the appointment of Standing Committees of 
Synod, in four out of seven no elder was appointed, and while we do 
not make exception, we would suggest that it is more in conformity with 



OF THE SYNOD. 249 

Presbyterian usage to put elders with ministers on Committees, thus 
giving proper recognition to the eldership. 

5. In the judgment of the Committee, the Synod erred in striking out 
the exceptions named in the report of Synod's Committee on the Records 
of Minnewaukon Presbytery, and in so doing sustained the action of the 
Presbytery in adopting the recommendation of its Judicial Committee 
that a vote of censure should be passed upon the Rev. R. J. 
Cresswell, without trial and without his coming forward as his own 
accuser, as provided in Sec. 47 of the Book of Discipline. — 1896, pp. 
154, 155. 

6. Judicial cases must be described; their character defined and the 
significance of and reasons for the judgment set forth. 

a. The records of the Synod of Philadelphia were approved, with the 
following exceptions, viz. : 

1. That there is no record of absentees from the meeting. 

2. That it appears, from page 282, that an appeal and complaint was 
issued in the usual form, without any intimation of what the sentence or 
proceeding was against which the complaint was made. 

3. That it appears, from page 273, that another complaint was issued, 
without any record of the proceeding complained of, or the body whose 
proceeding was the subject of complaint. — 1852, p. 216, O. S. 

b. Exception to the records of the Synod of Cincinnati. On pp. 6 
and 13 a complaint was received, referred and decided, without any 
statement in regard to the character of said complaint. — 1865, p. 553, 
O. S. 

C. The records of the Synod of Pennsylvania were approved with the 
following exceptions : 

1 . That in Judicial Cases Nos. 2, 3 and 6 the cases are not stated in 
the records as required (see Moore's Digest, 1886, p. 658, 4). 

2. That in Case No. 3 neither the facts in the case nor the judgment 
was entered upon the record. — 1893, p. 213. 

d. The records of the Synod of Ohio were approved, with the excep- 
tions: 1. That on page 77 it is stated that after discussion certain resolu- 
tions were adopted as follows. None of these resolutions appear on record, 
and their character is not described. 2. In a judicial case, on its issue, 
the final record, containing the sentence of the court, is defective, inas- 
much as its statement gives no clue to the merits or significance of the 
decision, or the reasons for it. — 1861, p. 315, O. S ; see 1895, pp. 124, 
125. 

e. The Committee on the Records of the Synod of Pennsylvania 
recommended their approval " with the exception of the fact that the 
particulars in the complaint of the Rev. John Peacock against the Pres- 
bytery of Philadelphia North are not fully recorded, in agreement with 
the requirements of our Form of Government, and the requirements of 
the Digest of 1886. Adopted.— 1889, p. 134. 

f. The records of the Synod of Michigan were approved, with the 
exception that the minute on page 29, taking exception to the records of 
the Presbytery of Grand Rapids, does not show the matter of error 
alleged against the records of said Presbytery. — 1894, p. 181. 

[Note.— See Book of Discipline, Of Complaints, Sees, lxxxiii-xciii, Of Appeals, 
Sees, xciv cii.] 



250 FORM OF GOVERNMENT, CHAP. XI. 

7. The subject-matter of a complaint, and the disposal made of it, must 

be recorded. 

a. The Committee on the Records of the Synod of Illinois Central 
recommended their approval, as far as written, with the following excep- 
tions : 

1. That notice appears, on p. 241, of a complaint made by Rev. 
Arthur Rose, against the Presbytery of Peoria, which was taken up by 
the Synod, considered and voted upon, and reasons for the vote were 
given, while the subject-matter of the said complaint is not recorded. 
This defect disables this Assembly from deciding as to the validity of the 
reasons given for the vote of the Synod in this case. 

2. It does not appear from their records whether the Synod took 
farther action upon said complaint than to vote upon it, and give reasons 
for that vote; thereby leaving this Assembly in doubt whether the Pres- 
bytery complained of was censured, or whether the matter of the 
complaint was referred back to them for readjudication, or whether the 
Synod dropped it entirely. Adopted. — 1878, p. 60; also 1883, p. 688. 

b. The records of the Synod of Baltimore were approved, with the 
exception that on pp. 327 and 348 the Synod records the issuing of 
" Judicial Cases" " No. 1 " and " No. 2," but in neither case is the 
subject-matter of the complaint recorded, and the Assembly is left with- 
out the means of knowing what was decided. This is not " a full and 
fair record of its proceedings, ' ' as required by the Form of Government, 
Chap, xi, Sec. vi. (See Moore's Digest, 1886, p. 194, 1, C and g; also 
Minutes of the General Assembly, 1878, p. 60.) 

Inasmuch as the Synod is now, in most cases, the final appellate 
judicatory, it is essential to the right discharge of the duty of review 
and control by the Assembly that an intelligible statement be made by 
the Synods of every case judicially decided by them. — 1885, p. 661. 

8. The Synod directed to correct its records so as to conform to the facts 

in the case. 

The records of the Synod of Nebraska were approved with the follow- 
ing exceptions: 

1. The mistake in the date of the year, beginning on p. 22, and 
running to the end of the minutes; which mistake the Stated Clerk of 
said Synod is hereby directed to correct. 

2. The record in the judicial proceedings in the case of Rev. W. R. 
Smith, appellant, against the Presbytery of Hastings (p. 35); which 
record is defective in the following particulars, viz. : 

(1) There is nothing in the record to show the grounds of appeal. 

(2) The record does not show that both of the original parties were 
heard on the question of sustaining the appeal, and that the roll of the 
Synod was called to give members an opportunity to express their opinion 
upon the case. 

3. There is no record whatever of any vote upon the question of 
sustaining the appeal ; and the words, ' ' Synod resolved to entertain the 
appeal, ' ' are wholly inappropriate and insufficient to express the final 
decision of the Synod upon that question. 

Your Committee recommend that the said Synod be directed to correct 
these defects so that the record shall conform to the actual facts in the 
case. Adopted.— 1885, p. 662. 

[Note. — See Book of Discipline, Chap, ix, Div. iv, Sec. xcix.] 



OF THE SYNOD. 251 

9. A special record must be sent up of all judicial decisions. 

In view of the importance of the judicial decisions made by Synods and 
Synodical Commissions, the Synods are enjoined to send up to the Assem- 
bly, in special communications, all records of such decisions. — 1885, p. 
662. 

[Note— See Minutes, 1886, p. 72; 1887, pp. 68, 74 ; 1890, pp. 129, 130.1 

10. The records must be " full and fair." 

[Note.— See under Book of Discipline, Chap, ix, Sec. lxxii.] 

11. The records should be fair and without abbreviations. 

a. The records of the Synod of Northern Indiana were approved, 
with the exception of the mode of recording the minute of a joint session 
of the two Synods of Indiana and Northern Indiana, which, instead of 
being written, is cut from a newspaper and pasted in the book. — 1868, p. 
640, O. S. 

b. The records of the Synod of Texas approved, except that there are 
too many abbreviations used in the record of proceedings. — 1883, p. 688. 

12. The records should be fair. Corrections may not be made after their 
review by the Assembly. 

The Committee on the Records of the Synod of Atlantic presented the 
following report, which was adopted: 

The Committee respectfully report to the General Assembly: 

That the record -book of the Synod of Atlantic placed in their hands 
has been found to contain eight and one -half pages of printed matter 
which professedly set forth the transactions of this Synod during a session 
held in December, 1877; at the end of which printed matter a name 
appears as that of the Stated Clerk, as " Attest," but in print only. 
No written account of the proceedings or of any part of them is found. 

In the judgment of your Committee, therefore, the record required by 
our Form of Government (see Chap, xi, Sec. vi) has not been sent up 
for review by the Assembly; what appears to be a copy of their transac- 
tions has been placed in the record-book. 

Your Committee could not feel justified if they should recommend the 
approval of this copy, although on learning from other sources that the 
printed matter is a copy, they have not questioned its correctness, and 
have examined carefully what has been sent up in this form. 

If the transactions of this session of the Synod of Atlantic had been 
found recorded, your Committee would have recommended their approval 
with the following important exception: on p. 98 of the record-book 
appears the statement that the minutes, approved by the Assembly of 
1876, were, after that endorsement, corrected by the Synod themselves 
at this session of 1877. Nor are the corrections specified or indicated. 

Under a sense of the great importance of accuracy in the records of 
our Church judicatories, and of their preservation in written form intact 
after their examination and endorsement by the Assembly, your Com- 
mittee, while commending the excellent spirit of devotion and labor 
apparent in the matter offered for review by this Synod as regards their 
efforts for the Church and for the elevation of their race, respectfully 
recommend to the Assembly the adoption of the following resolutions: 

1. That the Synod of Atlantic be and hereby are directed to record the 
minutes of the session of December, 1877, and submit the record to the 
next General Assembly. 



252 FORM OF GOVERNMENT, CHAP. XI. 

2. That this Synod report to the next Assembly the corrections appear- 
ing to have been made to their minutes after their review by the previous 
Assembly of 1877.— 1878, p. 52. 

13. Sundry omissions and irregularities censured. 

The records of the Synod of Wisconsin were approved, with the follow- 
ing exceptions, viz. : 

1. The records are marked by several verbal omissions and the neglect 
of orthography and punctuation, and the absentees of 1852-1853 are 
not recorded. 

2. During the sessions of 1852 there is no evidence that the Synod 
read, corrected or approved the records, though on page 16 it appears 
that the records of that year were read twelve months after in Synod, 
though still there is no evidence that they were approved by it. The 
minutes of 1853 do not appear to have been ever read or approved in 
Synod. And the records of 1854 were not read and approved till the 
meeting of 1855. 

3. On page 23 it appears that the Synod, October 13, 1853, adjourned 
to meet at Neenah the second Thursday of October, 1854. A quorum 
having failed to meet at that time, the members present adjourned to a 
different time and place (Madison, October 26), and there is no evidence 
that any steps were taken to cause their Moderator to notify all the min- 
isters and church Sessions of the new meeting. This is contrary to the 
spirit of the precedents approved by the Assembly (see Minutes, 1796, 
p. 113; Baird, p. 212), and transcends the liberty allowed for such cases 
by the third general rule for judicatories. 

4. On pages 23, 27 and 32, are recorded adjournments without any 
evidence that the sessions were closed with prayer. 

5. On pages 35, 36, the report of a Committee of Review on the 
Records of the Presbytery of Dane, containing an exception against the 
action of the Presbytery for appointing Rev. J. "W. Sterling its lay com- 
missioner to the General Assembly, is entered on the records of Synod 
without any record of its adoption by Synod ; and again it is stated that 
this report was amended by striking out the exception, and there is still 
no evidence of its adoption as amended. Also, on pages 39, 40, 
the report of a Committee touching the complaints of J. Y. Smith is 
made a part of the records of Synod, though, so far as these records 
show, it was only accepted and laid on the table. 

6. The records of the Synod's action on the complaints of said J. Y. 
Smith against the Presbytery of Dane are not complete enough to fulfill 
the demands of the Book of Discipline, (old) Chap, iv, Sec. xxiii (new, 
Chap, iv, Sec. xxiv), which says that the record ought to " exhibit 
everything which had an influence on the judgment of the court. ' ' No 
exception is proposed against the action of Synod touching those com- 
plaints, inasmuch as they have been brought before this Assembly through 
another channel (the Judicial Committee) and passed upon. — 1856, p. 
520, O. S. 

14. Papers must be preserved, pages numbered. 

The Committee on the Records of the Synod of Wisconsin presented 
the following report, which was adopted: 

The Committee on the Records of the Synod of Wisconsin report, 
recommending their approval as far as written, with these exceptions: 



OF THE SYNOD. 253 

1. The pages are not numbered. 2. There seems to have been a want of 
proper care in the preservation of papers, as the Committee on the 
Minutes of the General Assembly made a verbal report which was 
accepted, but the report is wanting. This thing the Synod itself con- 
demns in the case of the Presbytery of Dane. — 1865, p. 541, O. S. 

15. Overture answered must be described. 

The Committee on the Records of the Synod of Pittsburgh presented 
the following report, which was adopted: 

The Committee on the Records of the Synod of Pittsburgh report, 
recommending their approval, with exception of a minute, page 152, of 
the records, where an overture from the United Presbyterian Synod of 
Pittsburgh appears to have been answered without any description being 
given of it.— 1865, p. 541, O. S. 

16. The record must state the character of a complaint and whether due 
notice was given. Reports adopted must be recorded. Record 
must be made of action taken. 

a. The records of the Synod of the Columbia were approved with the 
following exceptions: 

1. That a complaint was received and issued against the Presbytery of 
Oregon in the usual form, without statement in regard to the character 
of said complaint. 

2. That the records do not show whether notice of said complaint was 
given to the Presbytery of Oregon, either before its rising or within ten 
days thereafter. 

3. That a report was recommitted to the Committee of Bills and Over- 
tures, and no record is made of its further disposition (p. 261). 

4. That the report of the Committee on Home Missions, Indian 
Affairs, and Church Erection, with recommendations, was adopted, and 
no record is made of the recommendations, or even upon which, if any, 
of the three different parts the report was made. — 1883, p. 688. 

b. The minutes of the Synod of Minnesota were approved, with the 
following exception: 

In several instances the written minutes merely state that reports are 
made, which reports were received and adopted, while the minutes show 
that such reports contained important recommendations or resolutions. 
—1884, p. 116. 

C. The records of the Synod of Missouri were approved, with this 
exception, to wit: 

The report of the Standing Committee on Schools and Colleges is 
entered in full upon the records, pp. 333 to 335, but no action of the 
Synod with respect to this report is recorded. — 1883, p. 688. 

d. The records of the Synod of Texas were approved, with the excep- 
tion: That on pp. 223 and 224, the record is made of the approval of 
reports of Committees on Systematic Beneficence, Publication and 
Foreign Missions, but no record of the reports themselves, nor of their 
having been placed on file. — 1890, p. 105. 

e. The records of the Synod of North Dakota for 1888 were 
approved. The records of the same Synod, for 1889, were approved, 
with the following exceptions: 1. The omission from p. 3 of a report, 
which had been received and adopted. 2. There is no record that the 



254 FORM OF GOVERNMENT, CHAP. XI. 

minutes of the last three sessions of the Synod were approved. — 1890, 
p. 105. 

f. The records of the Synod of South Dakota were approved with the 
exception that the report of the Committee on Home Missions, after being 
adopted, was recorded only " substantially " instead of in full. — 1894, 
p. 181. 

g. The records of the Synod of Kansas, except that in three places, 
viz., pp. 346, 347, it is stated that the report of a certain Committee 
was adopted, but the report itself is not given either in form or sub- 
stance.— 1895, p. 124. 

h. The records of the Synod of North Dakota for 1893 and 1894 
were approved, with the following exceptions: 

Minutes of 1893: 1. That the written reports of the Committees are 
not attached to the minutes, and that the resolutions and recommendations 
of the same are not written up and embodied in the minutes. 

2. That the report of the Synodical missionary referred to on p. 6, as 
filed under N, does not appear in the minutes, nor on the file. 

3. That the exceptions of the Synod's Committee on the Minutes of the 
Presbytery of Bismarck (see p. 6) do not appear in the minutes of the 
Synod, and are not clearly written upon the file. 

Minutes of 1894: That the Treasurer' s report, p. 18, is neither attached 
to the minutes nor on file. — 1895, pp. 124, 125. 

i. The records of the Synod of Texas were approved, with the follow- 
ing exception: That on pp. 223 and 224, the record is made of the 
approval of reports of Committees on Systematic Beneficence, Publication 
and Foreign Missions, but no record of the reports themselves nor of their 
having been placed on file. 

The records of the Synod of North Dakota for 1888 were approved. 
The records of the same Synod for 1889 were approved, with the 
following exceptions: 1. The omission from p. 3 of a report, which had 
been received and adopted. 2. There is no record that the minutes of 
the last three sessions of the Synod were approved. — 1890, p. 105. 

k. Synod of North Dakota, except that the report of the Committee 
on Finance is recorded, but the record fails to show any action thereon. 
—1896, p. 155. 

17. A narrative of the state of religion should be prepared and recorded. 

a. The records of the Synod of Illinois were approved, with the follow- 
ing exception, viz. : 

At the sessions of Synod in October, 1846, it does not appear from the 
records that a narrative of the state of religion was prepared. Such an 
omission is considered contrary to the general usage of Synods, and not 
for the edification of the Church.— 1849, p. 176, N. S. 

b. The records of the Synod of Illinois were approved, except " that 
they do not contain the narrative on the state of religion which was 
presented by the Committee on that subject at the sessions of the Synod 
in 1854, p. 434."— 1857, p. 387, N. S.; 1861, p. 462, N. S. ; 1862, 
p. 28, N. S. 

C. Resolved, That the Assembly earnestly recommend to the Presby- 
teries and Synods to record in their minutes the narrative of religion, and 
all other important papers. — 1870, p. 91. 

d. The records of the Synod of Illinois approved except in the 
omission of the narrative. — 1881, p. 593. 



OF THE SYNOD. 255 

e. The records of the Synod of Washington were approved, with the 
following exceptions: 

The omission of the report of the Treasurer, p. 23; of the report 
concerning Spokane University, p. 33, and also of the narrative, p. 36. 
It is proper that these reports, as approved by Synod, should be 
engrossed, that a reference index of the minutes should be continued, 
and that care be taken in engrossing the minutes. — 1892, p. 200. 

18. The records must be presented annually. 

a. Ordered, That the minutes of the respective Synods be laid yearly 
before the General Assembly, to be by them revised. — 1789, p. 7. 

b. Overture No. 6 was taken up, viz., a request of the Synod of 
Indiana, that the General Assembly be requested to dispense with Synodi- 
cal reports in future. 

Resolved, That this request cannot be granted because it is unconstitu- 
tional.— 1830, p, 302. 

C. Resolved, That the respective Synods make yearly reports to the 
General Assembly of all the licensures, ordinations and installments, trans- 
lations and deaths, and whatever changes may take place among the 
members within their bounds. — 1789, p. 7. 

[Note. — See under Book of Discipline, Chap, ix, Sec. Ixxi.] 

d. The Committee on the Records of the Synod of Wisconsin reported 
that they have been subjected to an increased amount of labor in exam- 
ining the minutes of this Synod in consequence of the failure of the 
Stated Clerk to send up the records annually to the Assembly, as our 
rules require. The minutes of this body have not been brought under the 
inspection of the Assembly since May, 1860, leaving an accumulation of 
four years of unexamined and unapproved records. 

There are indications that the Stated Clerk has been delinquent in 
punctually recording the annual minutes as taken by the Temporary 
Clerk. In this way the records were probably not in readiness to be sent 
to the Assembly at the proper time by the commissioners annually 
appointed. The report was adopted. — 1864, p. 482, N. S. [See 1856, 
p. 519, O. S.] 

e. Records of the Synod of Wabash approved, except that they have 
not been presented to the Assembly since 1859. — 1861, p. 462, N. S. 

f. Records of Synod of Columbus, except that these records have not 
been presented to the Assembly since the reconstruction of the Synod in 
1870.— 1872, p. 68. 

g. Resolved, That the Stated Clerk be directed to remind the Synod of 
Alta California of its neglect of duty in the failure for several years to 
send its records to the General Assembly for review. — 1868, p. 15, N. S. 

h. The Synods of Atlantic, China, Harrisburg, Illinois South, 
Indiana North, Kansas and Pacific were directed, at their next regular 
meeting, to call their Stated Clerks to account for not having sent up their 
records to this Assembly. — 1872, p. 68. 

i. Synod of Baltimore. No certified copy of the minutes present in 
the Assembly. Directed to send a certified copy of its minutes to the 
next Assembly. — 1884, p. 116. 

j. The records of the Synod of Texas were approved, with the excep- 
tion that the minutes of this Synod were not presented last year to the 
Assembly for examination and review. — 1894, p. 181. 



256 FORM OF GOVERNMENT, CHAP. XI. 

k. The records of the Synod of North Dakota were not presented for 
review.— 1894, p. 181. 

19. The Synod of Tennessee directed to expunge certain matter. 

That the attention of the Synod is called to the unhappy wording of a 
resolution on the inspiration of the Scriptures found on p. 223, and the 
Synod is directed to expunge the second clause of said resolution, begin- 
ning with the words, " and if there are any errors." — 1895, p. 125. 

20. The records must show all changes in the Presbyteries. 

The records of the Synod of Albany approved as orderly and correct, 
excepting that the Presbyterial reports are not so fully recorded as to 
exhibit in detail even the changes which take place from time to time in 
the Presbyteries.— 1811, p. 479. 

21. Absentees must be called to answer, and reasons given for tardiness. 

a. The Committee appointed to examine the records of the Synod of 
Virginia reported, and the book was approved to page 83, with the 
exception of a resolution found on page 82, in which the Synod deter- 
mined to discontinue the practice of calling upon their members for the 
reasons of their absence from its meetings. — 1825, p. 140. 

b. Synod of New York, except " that reasons for tardiness do not 
appear to have been required of those who were not present at the opening 
of Synod."— 1873, p. 506. 

22. Names of absentees should be recorded, and excuse for absence 

required. 

The records of the Synod of Peoria were approved, except ' ' that in 
the roll of the Synod record is made that no members of the Presbytery 
of Belvidere were present, but no record of the names of absentees. ' ' — 
1850, p. 314, N. S. 

a. The records of the Synod of Mississippi approved, except ' * that the 
absentees are not recorded in their meetings of 1854 and 1855." — 1856, 
p. 538, O. S. 

b. The records of the Synod of Philadelphia approved, except " that 
there is no record of absentees from the meeting." — 1852, p. 216, O. S. 

C. The records of the Synod of Philadelphia were approved, with 
the exception that no record is made of the names of absentees, and no 
excuse for absence required. — 1868, p. 640, O. S. 

d. Synod of Missouri, except that there is no record of absentees from 
the last meeting. (See Moore's Digest, 1873.)— 1882, p. 94. 

e. Synod of North Dakota, except (1) that the roll of Synod fails to 
record absentees {Minutes, General Assembly, 1882, p. 94). 

(2) On p. 5 of the minutes, it is stated that the names of additional 
members were enrolled, but the names are not given, and the roll nowhere 
shows the completed roll of members in attendance. — 1896, p. 154. 

23. Synod may not suspend absentees without trial. 

The records of the Synod of the Carolinas were approved, with the 
exception of the resolution to make a minister liable to suspension, with- 
out trial, for three years' absence from Synod, without sending forward 
his reason for absence. — 1811, p. 468. 



OF THE SYNOD. 257 

24. The minutes should be read and approved. 

a. The records of the Synod of Cincinnati approved, except " the 
omission at the opening of each session to read the minntes of the previ- 
ous session, with no evidence in the records that the minutes were approved 
by Synod."— 1849, p. 177, N. S. 

b. Synod of Wabash, except " that on pp. 51 and 52 the Synod met 
and proceeded to business without reading the minutes of the previous 
day's session. On page 59, the Synod closed its annual sessions and 
adjourned without reading or approving the minutes of the Clerk." — 
1854, p. 500, N. S. 

C. The records of the Synod of Wisconsin, except that " during the 
sessions of 1852 there is no evidence that the Synod read, corrected or 
approved the records; though on p. 16 it appears that the records of 
that year were read twelve months after, in Synod, though still there is 
no evidence that they were approved by it. The minutes of 1853 do not 
appear to have been ever read or approved in Synod. And the records 
of 1854 were not read and approved till the meeting of 1855." — 1856, 
p. 520, O. S. 

d. The records of the Synod of Pennsylvania were approved, except- 
ing * ' that it does not appear from the book that the records have ever 
been approved by the Synod." — 1857, p. 387, N. S. 

e. Synod of Arkansas, ' ' the minutes were not read and approved. ' ' 
—1860, p. 34, O. S. 

f. Exception (to the records of the Synod of Cincinnati) in not 
approving the minutes of the last day of the meeting of the Synod, 
held at Cincinnati, February 14, 1878, before their adjournment. — 
1878, p. 118. 

g. The Synod of Minnesota adjourned without the reading and ap- 
proval of their minutes of the last day of the session. — 1884, p. 116. 

h. The Synod of Atlantic omitted to approve the minutes of the last 
day of its meeting, before sending their records to the Assembly. — 1891, 
p. 188. 

i. There is no record that the minutes of the last three sessions of the 
Synod of Dakota were approved. — 1890, p. 105. 

25. No second approval of the minutes is required. 

Overtures from the Presbyteries of Kittanning and Butler, asking 
whether it is necessary formally to approve, after they are engrossed, 
minutes which were approved before they were engrossed ? Your Com- 
mittee recommend that the answer be as follows: 

It is the regular custom of our Presbyteries to read all minutes at the 
close of the session from the original copy for approval, and to record 
such approval in the minutes themselves. It is usual to read the 
engrossed copy at the next session of Presbytery for information, and if 
clerical errors be discovered they should be corrected by resolution, but 
no second resolution for the approval of said minutes is or should be 
required.— 1892, p. 188. 

26. The minutes must be attested by the Stated or Permanent Clerk. 

The records of the Synod of Erie approved, except that they lack 
attestation by the signature of either the Stated or Permanent Clerk. — 
1882, p. 94; 1854, pp. 500, 501, N. S. ; 1862, p. 28, N. S. 

The Committee on the Records of the Synod of Tennessee reported 

17 



258 FORM OF GOVERNMENT, CHAPS. XI-XII. 

that, having examined these records, they found them well kept and in 
good order; they have, however, only the attestation of the Temporary 
Clerks. This is due to the sad fact that the Stated Clerk, the Rev. T. 
J. Lamar, was seriously sick at home during the meeting of the Synod, 
and died soon after. Your Committee therefore recommend that the 
attestation of the Temporary Clerks be accepted and the minutes ap- 
proved. Adopted.— 1887, p. 131. 

27. Records should be kept in handwriting. 

The records of the Synod of Iowa were presented in printed form, and 
were approved, but the Synod was advised hereafter to keep the same in 
handwriting.— 1883, p. 688. 

28. Permission to present printed records : conditions prescribed. 

Overtures from the Synod of Iowa, requesting permission to keep its 
records hereafter in printed instead of written form; and from the Stated 
Clerks of several of the Synods, presenting a similar request, and asking 
that some uniform plan be adopted for the guidance of the Synods in this 
matter. 

The Committee recommends that any Synod, which shall so elect, be 
authorized to keep its minutes in printed form, and to dispense with written 
records; provided, 

(1) That such printed minutes be complete and accurate in all details. 

(2) That they be uniform as to size of page with the minutes of the 
Assembly. 

(3) That the copy submitted by each Synod to the Assembly for 
review be attested by the certificate of the Stated Clerk of the Synod in 
writing; and that blank pages be left at the end for recording any excep- 
tions that may be taken. 

(4) That at least two additional copies of each and every issue be 
transmitted to the Stated Clerk of the Assembly, and two deposited in 
the Library of the Presbyterian Historical Society. Adopted. — 1884, 
p. 75. 

29. All the church judicatories may follow the above rule. 

From the Synod of New York, asking whether the principle established 
in relation to the records of Synods {Minutes, 1884, p. 75) does not 
apply to those of Presbyteries also. 

Answer in the affirmative. All our Church courts may follow the same 
rule, only observing with care the provisos 1, 2, 3 and 4 above. — 1889, 
p. 101. 

[Note. — See under Book of Discipline, Chap, ix, sub-Sec. lxxi.] 

30. The prescribed conditions must be complied with. 

a. The Committee on the Records of the Synod of China reported that 
the printed copy submitted does not conform to the conditions required 
by the Assembly, as given in the Digest (p. 512), with reference to 
printed records, viz. : 

1. " That they be uniform as to size of page with the Minutes of the 
Assembly. 

2. " That the copy submitted by each Synod to the Assembly for review 
be attested by the certificate of the Stated Clerk of the Synod in writing, 
and that blank pages be left at the end for recording any exceptions that 
may be taken. ' ' 



OF THE GENERAL ASSEMBLY. 259 

Your Committee therefore recommend that the copy of the minutes of 
the Synod of China be returned to the Stated Clerk of said Synod for 
correction, in accordance with the above rules, and that it be presented for 
examination to the next General Assembly. Adopted. — 1889, p. 133. 

b. The Committee on the Records of the Synod of India recommended 
their approval with the exceptions: 1. That the certificate of the Stated 
Clerk is not affixed in writing. 2. That no blank pages have been left 
for corrections, as is required in the case of records presented in print 
(Digest, p. 513). Adopted.— 1889, p. 133. 

C. The Committee on the Records of the Synod of Michigan recom- 
mended their approval with the exceptions: 1. As the minutes are 
printed, they are not attested by the certificate of the Stated Clerk in 
writing. 2. There is no blank page for the recording of the Assembly's 
approval. Adopted. — 1889, p. 133. 

d. The records of the Synod of Baltimore were approved with the 
following exception: That the printed copy submitted to your Committee, 
though properly certified, does not correspond to the General Assembly's 
requirements in two other particulars, viz. : (a) In that the pages are not 
conformable in size to those of the General Assembly's Minutes; (6) 
though a leaf of writing paper has been pasted in, blank pages have not 
been left as required, in the make-up of the printed copy, for the record- 
ing of exceptions. — 1890, p. 105. 

31. Synodical Reports to the Assembly. 

A Statistical Report is to be forwarded to the Assembly by the Stated 
Clerk of every Synod, in which are to be stated the number of Presby- 
teries, ministers, churches, licentiates and candidates, within their bounds, 
and how distributed, the changes which may have been made in the num- 
ber or arrangement of their Presbyteries, the names of the Stated Clerks 
of the Presbyteries, the place and hour of the next annual meeting, and 
the name of the Moderator and Stated Clerk of the Synod. Such a 
report is necessary in order to the correctness of the tabular report of the 
Synods printed in the appendix to the Minutes. 



CHAPTER XII. 

OF THE GENERAL ASSEMBLY* 

I The General Assembly is the highest judicatory of the Presbyterian 
Church. It shall represent, in one body, all the particular churches of 
this denomination; and shall bear the title of The General Assembly 
of the Presbyterian Church in the United States of America. 

* The radical principles of Presbyterian church, government and discipline are : 
That the several different congregations of believers, taken collectively, constitute one 
Church of Christ, called emphatically the Church ; that a larger part of the Church, 
or a representation of it, should govern a smaller, or determine matters of contro- 
versy which arise therein ; that, in like manner, a representation of the whole should 
govern and determine in regard to every part and to all the parts united — that is, that 
a majority shall govern; and consequently that appeals may be carried from lower to 
higher judicatories, till they be finally decided by the collected wisdom and united 
voice of the whole Church. For these principles and this procedure, the example of 
the apostles and the practice of the primitive Church are considered as authority. 
iSee Acts xv. 1-29, xvi. 4, and the proofs adduced under the last three chapters. 



260 FORM OF GOVERNMENT, CHAP. XII. 

1. Formation of the General Assembly. 

a. The Synod, considering the number and extent of the churches 
under their care, and the inconvenience of the present mode of govern- 
ment by one Synod, 

Resolved, That this Synod will establish out of its own body three or 
more subordinate Synods, out of which shall be composed a General 
Assembly, Synod or Council, agreeably to a system hereafter to be 
adopted.— 1786, p. 517. 

b. Resolved unanimously, That this Synod be divided, and it is hereby 
divided, into four Synods, agreeably to an Act made and provided for 
that purpose in the sessions of Synod in the year one thousand seven 
hundred and eighty-six; and that this division shall commence on the 
dissolution of the present Synod. 

Resolved, That the first meeting of the General Assembly, to be con- 
stituted out of the above said four Synods, be held, and it is hereby 
appointed to be held, on the third Thursday of May, one thousand seven 
hundred and eighty-nine, in the Second Presbyterian Church in the city 
of Philadelphia, at eleven o'clock A.M.; and that Dr. Witherspoon, or, 
in Ins absence, Dr. Rogers, open the General Assembly with a sermon, 
and preside till a Moderator be chosen. — 1788, p. b±&. 

2. Organization of the Assembly. 

Usage has fixed the third Thursday of May, at 11 A.M., as the time 
for the annual meeting of the Assembly. The last Moderator present, 
being a commissioner, or, if there be none, the senior member present, 
preaches the sermon, and then opens the session with prayer, and presides 
during the organization of the Assembly. The Committee on Commis- 
sions report; irregular commissions are referred to a special Committee, 
who report, and the roll is completed. A Moderator and Temporary 
Clerks are chosen, and the Assembly is ready for business. 

3. Rules of organization. Committee on Commissions. 

Resolved, That the Permanent and Stated Clerks be and they hereby 
are appointed a Standing Committee of Commissions; and that the com- 
missioners to future Assemblies hand their commissions to said Committee, 
in the room in which the Assembly shall hold its sessions, on the morning 
of the day on which the Assembly opens, previous to 11 o'clock; and 
further, that all commissions which may be presented during the sessions 
of the Assembly, instead of being read in the house, shall be examined 
by said Committee, and reported to the Assembly. — 1829, p. 269. 

I. That the Committee of Commissions shall, in the afternoon, report 
the names of all whose commissions shall appear to be regular and con- 
stitutional and the persons whose names shall thus be reported shall 
immediately take their seats and proceed to business. 

II. The first act of the Assembly, when thus ready for business, shall 
be the appointment of a Committee of Elections, whose duty it shall he 
to examine all informal and unconstitutional commissions, and report on 
the same as soon as practicable. — 1826, p. 191. 

STAXDIXG ORDER. 

The credentials of commissioners and delegates are to be presented at 
a previous hour of the same day, or of the preceding day, according to 



OF THE GENERAL ASSEMBLY. 261 

public notice, to the Stated and Permanent Clerks, acting as a Standing 
Committee on Commissions. 

[Note — For usage as to informal and unconstitutional commissions, see under 
Form of Government, Chap, xxii, Sec. ii.] 

4. Of the mode of choosing the Moderator of the Assembly. 

On motion agreed that it be the standing rule of the General Assembly, 
in choosing a Moderator, that any commissioner may nominate a candidate 
for the chair. The candidates so pointed out shall then severally give 
their votes for some one of their number, and withdraw; when the remain- 
ing commissioners shall proceed, viva voce, to choose by a plurality of 
votes one of said candidates for Moderator. — 1791, p. 39. 

In the Assembly of 1846, O. S., it was 

Resolved, That a majority of all the votes given for Moderator be nec- 
essary for a choice. — p. 189. See 1887, p. 10. But the Standing Rule 
is as above. 

5. Of the manner of installing the Moderator. 

The Committee appointed to examine the rules of the house, and to 
add to them, if they should judge it necessary, a rule directing the 
method in which a Moderator, after his election, shall be introduced to his 
office, made their report, which was agreed to, and is as follows: 

Your Committee report that when a new Moderator hath been elected, 
before he take the chair, the former Moderator shall address him and the 
house, in the following or like manner, viz. : 

Sir: It is my duty to inform you, and announce to this house, that you 
are duly elected to the office of Moderator in this General Assembly. For 
your direction in office, and for the direction of this Assembly in all your 
deliberations, before I leave this seat, I am to read to you and this house 
the rules contained in the records of this Assembly, which I doubt not 
will be carefully observed by both, in conducting the business that may 
come before you. 

[Here the Moderator is to read the rules,* and afterward add:] 

Now, having read these rules, according to order, for your instruction 
as Moderator, and for the direction of all the members in the management 
of business, praying that Almighty God may direct and bless all the 
deliberations of this Assembly for the glory of His name, and for the 
edification and comfort of the Presbyterian Church in the United States, 
I resign mv place and office as Moderator. — 1791, p. 34; 1822, pp. 
43, 44. 

Rules relating to the Moderator. 

1. The Moderator shall take the chair precisely at the hour to which 
the judicatory stands adjourned, shall immediately call the members to 
order, and on the appearance of a quorum shall open the session with 
prayer. 

4. It shall be the duty of the Moderator, at all times, to preserve 
order, and to endeavor to conduct all business before the judicatory to a 
speedy and proper result. 

5. It shall be the duty of the Moderator carefully to keep notes of the 

* Instead of reading the rules, it has become usage to put the book containing them 
formally in the hands of the new Moderator, and to make the necessary change in 
the formula above. See General Eules for Judicatories. For convenience such as 
concern the Moderator in the discharge of his duty are given here. 



262 FORM OF GOVERNMENT, CHAP. XII. 

several articles of business which may be assigned to particular days, and 
to call them up at the time appointed. 

6. The Moderator may speak to points of order, in preference to other 
members, rising from his seat for that purpose, and shall decide questions 
of order, subject to an appeal to the judicatory by any two members. 

7. The Moderator shall appoint all Committees, except in those cases 
in which the judicatory shall decide otherwise. 

8. When a vote is taken by ballot in any judicatory, the Moderator 
shall vote with the other members ; but he shall not vote in any other case, 
unless the judicatory be equally divided; when, if he does not choose to 
vote, the question shall be lost. 

6. Communications addressed to the Moderator. 

Resolved, That every letter or communication addressed to the Modera- 
tor be opened and read by him, and at his discretion be either communi- 
cated immediately to the Assembly for their decision, or to the Committee 
of Overtures, to be by them brought before the house in the ordinary 
channel. — 1794, p. 79. 

This rule was superseded by Rule xi of General Rules for Judicatories: 
' ' The Stated Clerk shall receive all memorials, overtures and other papers 
addressed to the General Assembly, shall make record of the same, and 
shall then deliver them to the Standing Committee of Bills and Over- 
tures."— 1884, p. 106, 107. 

7. The Moderator may not have a double vote. 

On the question being taken, the Moderator claimed a right to a vote 
as a commissioner from the Presbytery of Albany, distinct from the cast- 
ing vote. He left it to the house to decide on the claim. The house, 
having taken a vote on the subject, decided by a great majority against 
the Moderator's claim. — 1798, p. 140. 

8. The Moderator, when a member of a court appealed from, or a party 
in the case, will not preside. 

a. The Moderator, being a member of the Synod of Philadelphia 
(appealed from), withdrew, and Dr. M' Knight took the chair. — 1792, 
p. 56. 

b. Appeal of Pope Bushnell. The Moderator, being a member of the 
Synod appealed from, Mr. Jennings, the last Moderator present, took 
the chair. —1826, p. 184. 

C. Judicial Case No. 1 was taken up. The Moderator, being a party 
in the case, vacated the chair, and on motion, Dr. Krebs was requested 
to act as Moderator during the trial of the case. — 1866, p. 48, O. S. 

9. Standing orders and rules. 

1. The General Assembly meets invariably on the third Thursday of 
May, annually, at 11 o'clock A.M. 

2. The credentials of commissioners and delegates are to be presented 
at a previous hour of the same day, or of the preceding day, according 
to public notice, to the Stated and Permanent Clerks, acting as a Per- 
manent Committee on Commissions. 

3. The Lord's Supper is to be celebrated by the Assembly on the 
evening of Thursday, the first day of its sessions. 

4. The evenings of the days of session are assigned to popular meetings 
in the following order; 



OF THE GENERAL ASSEMBLY. 263 

The evening of Friday, the second day, to the Presbyterian Board of 
Publication and Sabbath- school Work and the Sabbath-school interests of 
the Church. 

The afternoon of the first Sunday to the Woman's Executive Com- 
mittee of Home Missions; the evening to Young People's Work for 
Home and Foreign Missions. 

The evening of Monday, the fourth day, to Missions among the 
Freedmen. 

The evening of Tuesday, the fifth day, to the Home Mission Work. 

The evening of Wednesdav, the sixth day, to the Foreign Mission 
Work. 

The evening of Friday, the eighth day, to the cause of Temperance. 

The evening of the second Sunday to Aid for Colleges and Academies. 

5. The reports of the Standing Committees shall be considered at the 
times herein designated, viz. : 

Ministerial Relief, Saturday, at 10 o'clock A.M. 

Freedmen, Monday, at 10 o'clock A.M. 

Education, Monday, at 3 o'clock P.M. 

Home Missions, Tuesday, at 10 o'clock A.M. 

Aid for Colleges and Academies, Tuesday, at 3 o' clock P. M. 

Foreign Missions, Wednesday, at 10 o'clock A.M. 

Publication and Sabbath -school Work, Wednesday, at 3 o'clock P.M. 

Church Erection, second Thursday, at 3 o'clock P.M. 

Benevolence, second Thursday, at 7.30 o'clock P.M. 

Temperance, second Friday, at 3 o'clock P.M. 

6. That the Standing Committees on Home Missions and Foreign 
Missions have each two and a half hours; and those on Education, 
Publication, Church Erection, Ministerial Relief, Freedmen, Temper- 
ance and Aid for Colleges, have each one and a half hours. That the 
•Secretaries and the Chairmen of the Standing and Special Committees be 
requested to make their statements within the limits of half an hour. 

7. The Stated Clerk shall receive all memorials, overtures, and other 
miscellaneous papers addressed to the General Assembly, shall make 
record of the same, and then deliver them for distribution or reference 
to the Standing Committee on Bills and Overtures. All complaints and 
appeals, however, shall be transmitted by the Stated Clerk directly to 
the Judicial Committee. 

8. All Special Committees appointed by one General Assembly to 
report to the next Assembly, shall be ready to present their reports on the 
second day of the session. 

9. The Stated Clerk shall have printed and ready for distribution, so 
far as practicable, on the morning of the day fixed for their considera- 
tion, the resolutions appended to the reports of Special Committees 
appointed at previous Assemblies to report at that meeting. 

10. The Stated Clerk and Permanent Clerk shall be a Committee to 
revise the phraseology of all papers sent down to the Presbyteries to be 
voted upon, provided that in no case shall this Committee so change the 
phraseology as to alter the meaning. — 1886, p. 113. 

11. The Stated and Permanent Clerks shall be a Committee to super- 
vise the publication of any and all editions of the Constitution, hereafter 
issued by the Board of Publication, and also of the Rules for Judica- 
tories.— 1886, p. 113. 

12. Each Board and Permanent Committee is instructed to send up its 



264 FORM OF GOVERNMENT, CHAP. XII. 

minutes with its report, that these minutes may be reviewed by the 
Assembly on the report of the appropriate Standing Committee. — 1885, 
p. 690. 

13. A sufficient number of the reports of the Boards and Committees 
shall be forwarded by them to the place of meeting of each Assembly, 
prior to the day of meeting; and a complete file of the same, stitched 
together, shall be delivered to each commissioner. — 1886, p. 77. 

14. In all regions where, through the organization of Union Presby- 
teries, there are no Presbyteries in connection with this Assembly, each 
mission organized as such under our Board of Foreign Missions may send 
to the General Assembly an ordained missionary, or ruling elder, as a 
delegate ; and the Standing Rules of the Assembly are hereby so amended 
that such delegate is entitled to sit as an advisory member in the Assem- 
bly, and to speak, under the rules, on all questions, and that his expenses 
from his domicile in this country to and during the Assembly and return, 
shall be met as those of commissioners, out of the funds of the Assem- 
bly.— 1887, p. 240. 

15. No person shall serve as a member of a Board who is an executive 
officer or employe of said Board, or a member of any other benevolent 
Board of the Church; and no more than one ruling elder from the same 
congregation shall serve on a Board at the same time. — 1887, pp. 51, 
108. 

16. Any vacancy occurring in the membership of any of the Boards 
of the Church during the interval between the Assemblies, may be filled 
until the next succeeding meeting of the Assembly, by the Board in 
which such vacancy may occur. — 1887, p. 128. 

17. The Moderator is authorized to fill by appointment any vacancies 
which may occur, by resignation or otherwise, in any of the Special 
Committees.— 1892, p. 209. 

18. All resolutions for the appropriation of money, outside the 
Boards, should be brought before the Finance Committee, before action 
by the Assembly.— 1892, p. 199. 

19. The recommendation of any particular congregation to the benev- 
olence of the denomination, by the General Assembly, is not to be 
understood as creating either a legal or a moral obligation upon the 
Assembly for the payment of the amount recommended to be contributed 
by the churches.— 1892, p. 36; 1893, p. 41. 

20. All overtures must be presented to the Assembly not later than 
the fifth day of its sessions. — 1894, p. 160. 

21. The Stated and Permanent Clerks shall be a Committee to have 
the oversight of arrangements for the entertainment of the General 
Assembly.— 1896, pp. 130, 349g. 

10. Rules of order for the General Assembly. 

The General Rules for Judicatories, as adopted by the Assem- 
bly, have appended the following note, as defining their authority, viz. : 

The following rules, not having been submitted to the Presbyteries, 
make no part of the Constitution of the Presbyterian Church. Yet the 
General Assembly of 1821, considering uniformity in proceedings in 
all the subordinate judicatories as greatly conducive to order and dispatch 
of business, and having revised and approved these rules, recommend 
them to the Synods, Presbyteries and Sessions as a system of regulations 
which, if they think proper, may be advantageously adopted by them. 



OF THE GENERAL ASSEMBLY. 265 

The rules, as modified and adopted by the Assembly for its guidance 
in 1822, pp. 42-45, may be found in full in new Digest (Moore, 1861), 
pp. 168-171. Some alteration was made chiefly with regard to the 
previous question— e.g., 1835, p. 473; 1851, p. 27, K S. The rules 
as in use in the N. S. Assembly may be found in new Digest (Moore, 
1861), pp. 602-605, the O. S. in Baird's Digest, 866-870. On the 
reunion the Assembly resolved to adopt the general rules for judicatories 
contained in the appendix to the Constitution as the rules of this Assem- 
bly, except that the 13th, 14th, 17th and 18th rules were modified. — 
1870, p. 12. See Digest, 1886, p. 204. 

A Committee — Rev. George W. Musgrave, D.D., Rev. Z. M. Hum- 
phrey, D.D., Rev. J. C. Watson, D.D., Hon. William Strong, LL.D., 
and Hon. J. Ross Snowden — was appointed to revise the rules for judi- 
catories, and report to the next General Assembly. — 1870, p. 13. 

The Committee appointed by the last General Assembly to revise the 
general rules for judicatories respectfully present the following report : 

The Committee found, on a comparison of the rules in use in the two 
former branches of the Church, that they were, with very few excep- 
tions, identical, and that very few changes were necessary. The Com- 
mittee propose only four changes, each of which is indicated in the 
margin of the report. The proposed changes relate to the presentation 
of minutes, motions to amend, to lay on the table, and the previous 
question; and are numbered respectively 12, 20, 21 and 22. 

For the sake of a more convenient reference, the rules have been 
rearranged, so as to bring those relating to the same or kindred subjects 
more nearly together. 

We are happy to add that the Committee are unanimous in recom- 
mending to the Assembly the adoption of the subjoined rules, and would 
respectfully suggest that, if adopted, the Board of Publication should 
be directed to publish them as thus arranged and modified. 

The report was adopted. — 1871, p. 491. 

11. General rules for judicatories. 

[Note. — The following "General Rules for Judicatories," not having been sub- 
mitted to the Presbyteries, make no part of the Constitution of the Presbyterian 
Church. Yet the General Assembly of 1871, considering uniformity in proceedings in 
all the subordinate judicatories as greatly conducive to order and dispatch in business, 
having revised and approved these rules, recommended them to all the lower judica- 
tories of the Church for adoption. The rules were amended by the General Assem- 
blies of 1885, 1887 and 1896.] 

I. The Moderator shall take the chair precisely at the hour to which 
the judicatory stands adjourned; and shall immediately call the members 
to order; and, on the appearance of a quorum, shall open the session 
with prayer. 

II. If a quorum be assembled at the time appointed, and the Modera- 
tor be absent, the last Moderator present, being a commissioner, or if 
there be none, the senior member present, shall be requested to take his 
place without delay, until a new election. 

III. If a quorum be not assembled at the hour appointed, any two 
members shall be competent to adjourn from time to time, that an 
opportunity may be given for a quorum to assemble. 

IV. It shall be the duty of the Moderator, at all times, to preserve 
order, and to endeavor to conduct all business before the judicatory to a 
speedy and proper result. 



266 FORM OF GOVERNMENT, CHAP. XII. 

V. It shall be the duty of the Moderator, carefully to keep uotes of 
the several articles of business which may be assigned for particular 
days, and to call them up at the time appointed. 

VI. The Moderator may speak to points of order, in preference to 
other members, rising from his seat for that purpose; and shall decide 
questions of order, subject to an appeal to the judicatory by any two 
members. 

VII. The Moderator shall appoint all Committees, except in those 
cases in which the judicatory shall decide otherwise. In appointing the 
Standing Committees, the Moderator may appoint a Vice-Moderator, 
who may occupy the chair at his request, and otherwise assist him in the 
discharge of his duties. — 1885, p. 590. 

VIII. When a vote is taken by ballot in any judicatory, the Modera- 
tor shall vote with the other members ; but he shall not vote in any other 
case, unless the judicatory be equally divided; when, if he do not choose 
to vote, the question shall be lost. 

IX. The person first named on any Committee shall be considered as 
the chairman thereof, whose duty it shall be to convene the Committee; 
and, in case of his absence or inability to act, the second named member 
shall take his place and perform his duties. 

X. It shall be the duty of the Clerk, as soon as possible after the 
commencement of the sessions of every judicatory, to form a complete 
roll of the members present, and put the same into the hands of the 
Moderator. And it shall also be the duty of the Clerk, whenever any 
additional members take their seats, to add their names, in their proper 
places, to the said roll. 

XI. It shall be the duty of the Clerk immediately to file all papers, 
in the order in which they have been read, with proper indorsements, 
and to keep them in perfect order. The Stated Clerk shall receive all 
overtures, memorials and miscellaneous papers addressed to the judica- 
tory; shall make record of the same and deliver them to the Committee 
on Bills and Overtures for appropriate disposition or reference. This 
Committee shall have the floor on the reassembling of the judicatory 
after each adjournment, to report its recommendations as to reference of 
papers, and this right of the Committee shall take precedence of the 
Orders of the Day. This Committee shall report the papers retained 
by it as well as those recommended for reference to other Committees, 
and no Committee shall report on matters which have not been referred 
to it by the judicatory. — 1885, p. 590. 

XII. The minutes of the last meeting of the judicatory shall be pre- 
sented at the commencement of its session, and, if requisite, read and 
corrected. 

XIII. Business left unfinished at the last sitting is ordinarily to be 
taken up first. 

XIV. A motion made must be* seconded, and afterwards repeated by 
the Moderator, or read aloud, before it is debated ; and every motion 
shall be reduced to writing, if the Moderator or any member require it. 

XV. Any member who shall have made a motion, shall have liberty 
to withdraw it, with the consent of his second, before any debate has 
taken place thereon; but not afterwards, without the leave of the 
judicatory. 

XVI. If a motion under debate contain several parts, any two mem- 
bers may have it divided, and a question taken on each part. 



OF THE GENERAL ASSEMBLY. 267 

XVII. When various motions are made with respect to the filling of 
blanks, with particular numbers or times, the question shall always be 
first taken on the highest number and the longest time. 

XVIII. Motions to lay on the table, to take up business, to adjourn, 
and the call for the previous question, shall be put without debate. On 
questions of order, postponement, or commitment, no member shall speak 
more than once. On all other questions, each member may speak twice, 
but not oftener, without express leave of the judicatory. 

XIX. When a question is under debate, no motion shall be received, 
unless to adjourn, to lay on the table, to postpone indefinitely, to post- 
pone to a day certain, to commit, or to amend; which several motions 
shall have precedence in the order in which they are herein arranged; 
and the motion for adjournment shall always be in order. 

XX. An amendment, and also an amendment to an amendment, may 
be moved on any motion ; but a motion, to amend an amendment to an 
amendment, shall not be in order. Action on amendments shall precede 
action on the original motion. A substitute shall be treated as an 
amendment. — 1885, p. 590. 

XXI. A distinction shall be observed between a motion to lay on the 
table for the present, and a motion to lay on the table unconditionally, 
namely: A motion to lay on the table, for the present, shall be taken with- 
out debate; and, if carried in the affirmative, the effect shall be to place 
the subject on the docket, and it may be taken up and considered at any 
subsequent time. But a motion to lay on the table, unconditionally, 
shall be taken without debate; and, if carried in the affirmative, it 
shall not be in order to take up the subject during the same meeting of 
the judicatory, without a vote of reconsideration. 

XXII. The previous question shall be put in this form, namely, Shall 
the main question be now put ? It shall only be admitted when de- 
manded by a majority of the members present ; and the effect shall be 
to put an end to all debate and bring the body to a direct vote : First, 
on a motion to commit the subject under consideration (if such motion 
shall have been made) ; secondly, if the motion for commitment does 
not prevail, on pending amendments; and lastly, on the main question. 

XXIII. A question shall not be again called up or reconsidered at 
the same sessions of the judicatory at which it has been decided, unless 
by the consent of two-thirds of the members who were present at the 
decision; and unless the motion to reconsider be made and seconded by 
persons who voted with the majority. 

XXIV. A subject which has been indefinitely postponed, either by 
the operation of the previous question, or by a motion for indefinite 
postponement, shall not be again called up during the same sessions of 
the judicatory, unless by the consent of three-fourths of the members 
who were present at the decision. 

XXV. Members ought not, without weighty reasons, to decline 
voting, as this practice might leave the decision of very interesting 
questions to a small proportion of the judicatory. Silent members, 
unless excused from voting, must be considered as acquiescing with the 
majority. 

XXVI. When the Moderator has commenced taking the vote, no 
further debate or remark shall be admitted, unless there has evidently 
been a mistake, in which case the mistake shall be rectified, and the 
Moderator shall recommence taking the vote. If the house shall pass , 



268 FORM OF GOVERNMENT, CHAP. XII. 

the motion to ' ' vote on a given subject at a time named, ' ' speeches shall 
thereafter be limited to ten minutes. Should the hour for adjournment 
or recess arrive during the voting, it shall be postponed to finish the 
vote, unless the majority shall vote to adjourn; in which case the voting 
shall, on the reassembling of the house, take precedence of all other busi- 
ness till it is finished. Under this rule the " yeas and nays " shall not 
be called, except on the final motion to adopt as a whole. This motion 
to fix a time for voting shall be put without debate. — 1885, p. 590. 

XXVII. The yeas and nays on any question shall not be recorded, 
unless required by one-third of the members present. If division is 
called for on any vote, it shall be by a rising vote, without a count. If 
on such a rising vote the Moderator is unable to decide, or a quorum rise 
to second a call for * ' tellers, ' ' then the vote shall be taken by rising 
and the count made by tellers, who shall pass through the aisles and 
report to the Moderator the number voting on each side. — 1885, p. 590. 

XXVIII. No member, in the course of debate, shall be allowed to 
indulge in personal reflections. 

XXIX. If more than one member rise to speak at the same time, the 
member who is most distant from the Moderator's chair shall speak first. 
In the discussion of all matters where the sentiment of the house is 
divided, it is proper that the floor should be occupied alternately by those 
representing the different sides of the question. — 1885, p. 590. 

XXX. When more than three members of the judicatory shall be 
standing at the same time, the Moderator shall require all to take their 
seats, the person only excepted who may be speaking. 

XXXI. Every member, when speaking, shall address himself to the 
Moderator, and shall treat his fellow -members, and especially the Moder- 
ator, with decorum and respect. 

XXXII. No speaker shall be interrupted, unless he be out of order; 
or for the purpose of correcting mistakes or misrepresentations. 

XXXIII. Without express permission, no member of a judicatory, 
while business is going on, shall engage in private conversation; nor shall 
members address one another, nor any person present, but through the 
Moderator. 

XXXIV. It is indispensable that members of ecclesiastical judica- 
tories maintain great gravity and dignity while judicially convened; that 
they attend closely in their speeches to the subject under consideration, 
and avoid prolix and desultory harangues; and, when they deviate from 
the subject, it is the privilege of any member, and the duty of the Mod- 
orator, to call them to order. 

XXXV. If any member act, in any respect, in a disorderly manner, 
it shall be the privilege of any member, and the duty of the Moderator, 
to call him to order. 

XXXVI. If any member consider himself aggrieved by a decision of 
the Moderator, it shall be his privilege to appeal to the judicatory, and 
the question on the appeal shall be taken without debate. 

XXX VII. No member shall retire from any judicatory without the 
leave of the Moderator, nor withdraw from it to return home without the 
consent of the judicatory. 

XXXVIII. All judicatories have a right to sit in private, on business, 
which in their judgment ought not to be matter of public speculation. 

XXXIX. Besides the right to sit judicially in private, whenever they 
think proper to do so, all judicatories have a right to hold what are 



OF THE GENERAL ASSEMBLY. 269 

commonly called " interlocutory meetings," in which members may 
freely converse together, without the formalities which are usually 
necessary in judicial proceedings. 

XL. Whenever a judicatory is about to sit in a judicial capacity, it 
shall be the duty of the Moderator solemnly to announce, from the chair, 
that the body is about to pass to the consideration of the business assigned 
for trial, and to enjoin on the members to recollect and regard their high 
character as judges of a court of Jesus Christ, and the solemn duty in 
which they are about to act. 

XLI. In all cases before a judicatory, where there is an accuser or 
prosecutor, it is expedient that there be a Committee of the judicatory 
appointed (provided the number of members be sufficient to admit it 
without inconvenience), who shall be called the " Judicial Committee," 
and whose duty it shall be to digest and arrange all the papers, and to 
prescribe, under the direction of the judicatory, the whole order of 
proceedings. The members of this Committee shall be entitled, notwith- 
standing their performance of this duty, to sit and vote in the cause as 
members of the judicatory. 

XLII. The permanent officers of a judicatory shall have the rights of 
corresponding members in matters touching their several offices. — 1885, 
p. 590. 

XLIII. The Moderator of every judicatory above the church Session, 
in finally closing its sessions, in addition to prayer, may cause to be sung 
an appropriate psalm or hymn, and shall pronounce the apostolical bene- 
diction. 

12. Officers of the General Assembly. 

I. THE MODERATOR. 

[Note. — See above, Rules for Judicatories ; also, Form of Government, Chap. xix. 
Of Moderators.] 

II. THE STATED CLERK. 

Appointment. 

a,. Ordered, That Dr. Duffield be appointed Stated Clerk of the As- 
sembly, procure a proper book into which to transcribe their minutes, 
and lay the expense of the book and of transcribing the minutes before 
the General Assembly at their next meeting. — 1789, p. 13. 

Duties of the Stated Clerk. 

b. The Stated Clerk shall transcribe for the press such parts as may 
be necessary of the minutes ordered to be published from year to year. 
He shall correct the press, and superintend the printing of all the min- 
utes and papers which shall be ordered to be printed by the General 
Assembly. As soon as the extracts are printed from year to year, he 
shall send one copy by mail to each Presbytery, and apportion and send 
the rest by private conveyance to the Presbyteries and other bodies, as 
shall be prescribed by the Assembly, only reserving a sufficient number 
of copies for binding. He shall have the charge of all the books and 
papers of the General Assembly, shall cause their minutes to be fairly 
transcribed into the book or books provided for the purpose, and give 
attested copies of all minutes and other documents, when properly 
required so to do. — 1807, p. 377. 



270 FORM OF GOVERNMENT, CHAP. XII. 

Notification of Presbyteries whose commissioners have left without leave. 

C. Whereas, It has frequently happened that members of this Assem- 
bly, neglecting their duty and inattentive to the rules of decorum, have 
abruptly left the Assembly and returned home without leave of absence, 

Resolved, That in all similar cases which shall occur in future, it shall 
be the duty of the Clerk of this house to give notice thereof to the 
Presbyteries to which such delinquent members may belong. — 1801, p. 
233. 

Resolved, That as the names of persons who have left the Assembly 
without leave are to be published in the printed journals, therefore the 
Stated Clerk is liberated from the duty, enjoined by a standing rule, of 
writing to the Presbyteries on the subject. — 1824, p. 125. 

[Note— See Minutes, 1801, p. 233, and 1820, p. 723.] 

Stated Clerk to be Treasurer of the Assembly. 

d. The Committee on Finance also recommend that the Stated Clerk 
have added to his duties that of Treasurer of the General Assembly. — 
1871, p. 512. 

[Note. — Prior to theReunion the Treasurer of the Trustees acted as Treasurer of the 
Assembly in the Old School branch. The New School Assembly had a Treasurer of 
its own from 1839. In 1871 the duties of the Treasurer of the General Assembly were 
laid upon the Stated Clerk. In 1884, after the death of Dr. Hatfield, who had filled 
the offices of Stated Clerk and Treasurer, the Assembly elected the Rev. Hugh W. 
Torrence Treasurer, but subsequently—] : 

The Standing Committee on Finance reported as follows: 
Resolved, That the office of Treasurer of the General Assembly, as a 
separate office, be discontinued, and the duties thereof imposed upon the 
Stated Clerk, who shall receive therefor the additional sum of one hun- 
dred dollars per annum, and who shall give bonds in the sum of five 
thousand dollars, to be signed by himself and two sureties to be approved 
by the Board of Trustees of the General Assembly. Adopted. — 1884, 
p. 33. 

That the Stated Clerk, as Treasurer, be authorized to employ a clerical 
assistant, to act as Assistant Treasurer, who shall take charge, under the 
direction and control of the Treasurer, of the receipts and disbursements 
of the Mileage Fund during the meeting of the Assembly. — 1896, p. 157. 

Arrangements for transportation of commissioners placed permanently in 
the hands of the Stated Clerk. 

e. We recommend that the matter of railroad arrangements for the 
transportation of commissioners be placed permanently in the hands of 
the Stated Clerk.— 1885, p. 687. 

The duties of the Stated Clerk. His salary. 

f. Resolved, That the subject of the duties of the Stated Clerk be 
referred to the chairmen of the Committees on Mileage and Finance, 
as a Special Committee, to consider the same, and report to this Assem- 
bly.— 1894, p. 89. 

g. The Special Committee upon the subject of the duties of the Stated 
Clerk, presented its report, which was unanimously adopted, and is as 
follows : 

The chairmen of the Standing Committees on Mileage and Finance, to 
whom, as a Special Committee, was referred for consideration and report 



OF THE GENERAL ASSEMBLY. 271 

the subject of the duties of the Stated Clerk, respectfully report as 
follows : 

They have carefully examined into the subject referred to them; and 
they find that the duties of the Stated Clerk have been steadily increasing 
in number and variety, and in the laborious character of the work im- 
posed by them. At the present time, the Stated Clerk is required to 
transcribe for the press the Minutes ordered to be published from year to 
year; to superintend the printing of the Minutes, and papers ordered to 
be printed; to distribute 'the Minutes to persons entitled to them; to have 
charge of all the books and papers of the General Assembly; to give 
attested copies of all minutes and other documents; to receive all memo- 
rials, overtures and other papers addressed to the Assembly ; to distribute 
the bound volumes of the Reports of the Boards; to have charge of the 
entire railroad arrangements for the transportation of commissioners; to 
transmit all overtures to the Presbyteries and receive the answers; under 
the direction of the Moderator, to prepare and carry forward the business 
of the Assembly, including the printing of the roll, etc., during its 
sessions; to carry on the correspondence of the Assembly ; to report to 
the Assembly upon the statistics of the Church ; to perform all the duties 
of Treasurer, and to transact such other business directly pertaining to 
his office, as the Assembly may from time to time appoint. 

Besides performing these duties, your Committee are of the opinion 
that the Stated Clerk might advantageously be employed as Secretary, 
and Custodian of the correspondence, of the ad interim Committees, 
without membership therein, and recommend that he be so designated. 

In view of the facts stated, your Committee regard the compensation 
heretofore allowed to his office as wholly inadequate. They therefore 
recommend that, for the services hereinbefore specified and recom- 
mended, the compensation be fixed at the sum of three thousand dollars 
($3000) per annum, payable upon December 31, for the calendar year 
then closing. 

Your Committee are also of opinion, that permanent quarters for the 
accommodation of the Stated Clerk, and the preservation of the records 
of the Assembly, should be arranged for. They therefore recommend 
that the Board of Publication and Sabbath -school Work be requested 
to assign to the Stated Clerk such rooms, not needed for their own use, 
as will afford suitable accommodations as an office and a document room, 
the expense of fitting up such rooms to be defrayed out of the Contin- 
gent Fund.— 1894, pp. 161, 162. 

The Stated Clerk authorized to engage stenographic and other clerical help. 

h. (a) That the Stated Clerk be authorized to employ a Clerk to aid him 
in his correspondence, and also in the preparation of the Minutes of the 
Assembly for publication. — 1890, p. 112. 

(b) That the Stated Clerk be authorized to employ such clerical 
assistants as may be needed to secure early publication of the Minutes. — 
1893, p. 72. 

(c) That whereas it is expedient to lighten as far as possible the labors 
of the Moderator and of the chairmen of the Standing Committees 
during the meetings of the General Assembly, the Stated Clerk be 
authorized to engage such stenographic and other clerical help as may be 
needed to this end while the Assembly is in session. — 1896, p. 118. 



272 FORM OF GOVERNMENT, CHAP. XII. 

III. THE PERMANENT RECORDING CLERK. 

Appointment and Duties. 

a. Whereas, The business of former Assemblies has been impeded by 
the want of a Kecording Clerk, possessing that facility in the business 
which is acquired by experience; and Whereas, It is not to be expected 
that any one person should perform this service permanently without receiv- 
ing an adequate compensation for his labor; and Whereas, This Assembly 
are persuaded that future Assemblies will see the reasonableness of the 
measure now contemplated, and cooperate on their part in giving it 
effect; 

Resolved, That a Permanent Recording Clerk be chosen, whose duty it 
shall be from year to year to draught the minutes of the Assembly during 
their sessions, and afterward to perform such services respecting the 
transcribing, printing and distributing the extracts as shall be assigned 
to him from time to time. — 1802, p. 235. 

b. The Permanent Clerk shall furnish all the stationery for the use of 
the Assembly and the several Clerks. He shall make the original 
draught of all the minutes, and give certified copies, as occasion may 
require, of all such as may be proper to be transmitted to the Trustees of 
the General Assembly or any of their officers. After the Assembly rises 
from year to year he shall carefully revise the manuscript, render it 
correct and legible, and deliver it over to the Stated Clerk. — 1807, p. 377. 

Salary of the Permanent Clerk. 

C. That the salary of the Permanent Clerk be fixed at the rate of 
three hundred dollars per annum. — 1870, p. 127. 

d. The Committee to which was referred a recommendation of the 
Committee of Bills and Overtures, a resolution concerning the increase 
of the salary of the Permanent Clerk, recommend that such salary be 
increased from three hundred dollars, as at present, to five hundred 
dollars per annum, which was unanimously adopted by the General 
Assembly at Pittsburgh, Pa., Monday, May 27, 1895.— 1896, p. 170. 

IV. THE TEMPORARY CLERKS. 

a. Resolved, also, That a Temporary Clerk be chosen by each Assem- 
bly as heretofore to read the minutes and communications to the Assem- 
bly, and otherwise aid the Permanent Clerk as occasion may require, and 
that he be paid one dollar per day for his services. — 1802, p. 235. 

b. The Temporary Clerk shall hereafter receive no pecuniary compen- 
sation for his services. — 1806, p. 372. 

[Note. — The usage is to choose four Temporary Clerks, one or more of whom are 
usually ruling elders.] 

The Temporary Clerks nominated by the Stated and Permanent Clerks. 

C. The following standing rule was adopted: That the Stated and Per- 
manent Clerks shall have the privilege of nominating their own assistant 
Clerks.— 1875, p. 533. 

Choice of Clerks not confined to members of the Assembly. 

d. Resolved, That it be considered as the right of every member of the 
Assembly to vote for a Clerk who is not a member of the body. — 1793, 
p. 64. 



OF THE GENERAL ASSEMBLY. 273 

e. The Moderator and Clerk are ministerial officers of the judicatory. 
In respect to their offices they are servants merely, and not members, 
of the body. 

Of the Clerk this would seem to be unquestionably true. The Consti- 
tution knows nothing of the Temporary Clerk as distinguished from the 
Stated Clerk. As far as any provision of the ' ' Book ' ' is involved, it is 
plain that a judicatory may select any convenient person, though not a 
member, to record its transactions, and discharge all other duties pertaining 
to a Clerk. For the part of those duties usually devolved upon a Tem- 
porary Clerk, we believe it is no infrequent thing for a Presbytery to 
employ a licentiate or other person not a member of the body. — 1861, 
p. 457, N. S. 

[Note.— As to the Moderator of the Assembly, see Rule ii of Rules for Judicatories, 
p. 265.] 

13. Standing Committees of Each Assembly. 

[Note. — The Committees appointed at the beginning of each Assembly are desig- 
nated as "Standing Committees."] 

The Standing and Permanent Committees of the Judicatories should 
consist of ordained men. 

Overture No. 58, from the Presbytery of Cincinnati: May a judica- 
tory of the Presbyterian Church, such as a Presbytery, place unordained 
men on its Standing and Permanent Committees ? The Committee 
recommend that a negative answer be returned. Adopted. — 1896, p. 
145. 

Number of members of each Committee. 

The Committee on Polity having considered the resolution referred to 
it with reference to the Standing Committees of the Assembly, would 
recommend that hereafter each Standing Committee, except the Standing 
Committee on Mileage and the Standing Committee on Finance, be com- 
posed of eleven ministers and ten ruling elders; the Standing Committee 
on Mileage shall be composed of ten ruling elders; the Standing Com- 
mittee on Finance shall be composed of ten ruling elders; and that each 
of the Committees on Sy nodical Records shall be composed of four minis- 
ters and three elders. — 1892, p. 190. 

(i) The Committee of Bills and Overtures, duties of . 
[Note.— See Moore's Digest, 1886, p. 213.] 

The Standing Committee of Bills and Overtures presented a final 
report, which was adopted, and is as follows: 

The Committee deem it a duty to call the attention of this Assembly 
to the action of our Church concerning the powers and duties of the 
Committee of Bills and Overtures. 

In 1710, the Presbytery (there being at that time no higher court) 
appointed " Mr. Henry, Mr. Anderson and Mr. Wade a Committee to 
prepare and bring in overtures to the Presbytery, and also to take cogni- 
zance of whatever may be laid before them to prepare it for the Presby- 
tery."— 1710, p. 17; Digest, 1886, p. 213. 

In 1769 the Synod, in answer to the question concerning the duties and 
powers of the Committee of Overtures proposed last year, said: " That 
Committee is intended to introduce business into the Synod in an orderly 
manner, that they may give advice concerning either the matter or 
manner of overtures brought to them, but have not power to suppress 
18 



274 FORM OF GOVERNMENT, CHAP. XII. 

anything that comes regularly before them from inferior judicatures 
according to our known rules, or such overtures and petitions as inferior 
judicatures or particular persons desire to have laid before this Synod." 
—1769., p. 393; Digest, 1886, p. 213. 

The General Assembly of 1789 declared: " The General Assembly, at 
every meeting, shall appoint a Committee of Bills and Overtures to 
prepare and digest business for the Assembly." — 1789, p. 8; Digest, 
1886, p. 213. 

The Assembly of 1822 enacted as follows: " Petitions, questions relat- 
ing to doctrine, or order, and usually all new propositions tending to 
general laws, should, be laid before the Committee of Bills and Overtures 
before they be offered to the Assembly."— 1822, p. 42; Digest, 1886, p. 
213. 

The report of the Joint Committee on Reconstruction adopted by the 
General Assembly of 1870, said: " It is recommended that the Assembly 
order that hereafter bills and overtures come up only from Synods or 
Presbyteries; yet, that this may not prevent any Committee of Bills and 
Overtures from bringing before the house, of its own motion, upon a 
two-thirds vote of the Committee, any matter which they may deem of 
sufficient importance to engage the attention of the Assembly." — 1870, 
p. 90; Digest, 1873, p. 547. 

In view of these deliverances, which, so far as we can find, have never 
been changed, it seems to be plain that the Committee of Bills and Over- 
tures is the proper business Committee of the Assembly, and that it 
belongs to this Committee to receive and to consider all bills, overtures, 
petitions, etc., before they are laid before the Assembly, and to recom- 
mend the proper disposition or reference of the same. 

That the action herein described has been the historic practice of the 
Assembly up to a comparatively recent date is, we believe, undisputed. 

More recently, however, it has become customary for the Stated Clerk 
to receive and consider such documents as are to be laid before the 
Assembly, and to recommend the proper reference and disposition of 
them. 

Your Committee believe this practice to be an error, and for these 
reasons : 

1. It is a departure from the established order and the historic practice 
of the Church. 

2. It practically concentrates to a large extent, the powers and duties 
of the Committee of Bills and Overtures in a single person, the Stated 
Clerk, who usually is not a member of the Assembly. 

3. It partly defeats the object for which the Committee of Bills and 
Overtures was appointed, viz., " To prepare and digest business for the 
Assembly." And it is manifestly impossible for any one person to give 
to the documents which come before the Assembly such consideration as 
they deserve. 

The Committee therefore recommend " that Standing Order No. 6 be 
•changed so as to read: Rule 6. The Stated Clerk shall receive all memo- 
rials, overtures and other papers addressed to the General Assembly, 
shall make record of the same, aud shall then deliver them to the 
Standing Committee of Bills and Overtures." Adopted. — 1884, pp. 
106, 107. 



OF THE GENERAL ASSEMBLY. 275 

(2) The Judicial Committee. 

The Assembly shall also, at every meeting, appoint a Committee to be 
styled the Judicial Committee, whose duty it shall be to take into consid- 
eration all appeals and references brought to the Assembly, to ascertain 
whether they are in order, to digest, and arrange all the documents 
relating to the same, and to propose to the Assembly the best method of 
proceeding in each case. — 1819, p. 718. 

[Note. — See also Rule xli of General Rules for Judicatories.] 

(3) Committee on Polity of the Church. 

Resolved, That a Committee of seven members be appointed on the 
Polity of the Church, and that it be referred to this Committee to exam- 
ine and settle the true roll of the Presbyteries and Synods connected 
with the Assembly; and that they receive the reports of the several 
Presbyteries on amending the Constitution of the Church. — 1840, p. 
7, N. S. 

[Note. — Now referred to a Committee of Canvass.] 

To consist of eleven ministers and ten ruling elders. — 1892, p. 190. 

(4-) On Foreign Missions. 

Eleven ministers and ten elders. 

(5) On Home Missions. 

Eleven ministers and ten elders. 

(6) On Education. 

Eleven ministers and ten elders. 

(7) On Publication and Sabbath-school Work. 

Eleven ministers and ten elders. 

(8) On Church Erection. 

Eleven ministers and ten elders. 

(9) On Theological Seminaries. 

Eleven ministers and ten elders. 

(10) On Ministerial Relief. 

Eleven ministers and ten elders. 

(11) On Freedmen. 

Eleven ministers and ten elders. 

(12) On Aid for Colleges and Academies. 

Eleven ministers and ten elders. 

[Note. — To these Committees are referred the reports of the several Boards, etc., 
together with the subjects to which they pertain, to report to the Assembly at aa 
early a day during its sessions as is possible.] 

(IS) On Correspondence. 

Eleven ministers and ten elders. 

To this Committee is referred the matter of correspondence with other 
Churches ; they also nominate to the Assembly delegates to corresponding 
bodies. 



276 FORM OF GOVERNMENT, CHAP. XII. 

(14-) On Benevolence. 
Eleven ministers and ten elders. 

(15) On the Narrative. 

Eleven ministers and ten elders. 

That the General Assembly take measures to bring into distinct view 
at its different sessions the situation of the Presbyterian Church under 
its jurisdiction in the United States of America, with respect to the 
state of religion in the different Presbyteries, and the most probable 
expedients for reviving and promoting the essential interests of Christ's 
kingdom in the world; whereupon, 

Resolved, That it be recommended to each Synod to enjoin it upon the 
respective Presbyteries within their bounds, to specify the above particu- 
lars in the annual reports which they make of the state of their respective 
churches, to be laid before the General Assembly at its stated meetings. 
—1792, p. 59. 

a. The narrative may not be omitted. — Overture from the Presbytery of 
Philadelphia North, on the omission of the annual Presbyterial narrative 
to the Assembly on the state of religion. In reply the Committee would 
recommend the answer that the Presbyterial narratives on the state of 
religion are too valuable to be omitted. Adopted. — 1893, p. 130. 

b. Narrative to notice the decease of ministers. — Resolved, That the 
narrative on the state of religion annually contain a notice of the decease 
of all the ministers of our Church who may have been removed by death 
during the preceding year; and the several Presbyteries are ordered to 
incorporate with their reports on the state of religion, made to the 
Assembly, the case of every such removal within their bounds. — 1822, 
p. 38. 

[Note. — It is the usage for the Stated Clerk to read the Necrological Report in 
the Assembly, after which the Assembly is led in prayer by a member designated by 
the Moderator.] 

(16) On Temperance. 

Eleven ministers and ten elders. 

(17) On Leave of Absence. 

Resolved, That, as a standing rule of the Assembly, a Committee of 
five be appointed, whose duty it shall be to consider all applications for 
leave of absence, with power to decide on the same, in place of the 
house, and with instructions to require in every case satisfactory reasons 
for the necessity of such absence, and report to the house, at the com- 
mencement of every session, the members so dismissed; and that an 
appeal to the Assembly may be made in any instance of refusal on the 
part of the Committee to grant the application. — 1833, p. 390. 

Eleven ministers and ten elders. — 1892, p. 190. 

(18) On Mileage. 
Consists of ten ruling elders. 

[Note. — See under Chap. xxii. Of Commissioners to the General Assembly.] 

(19) On Finance. 

Resolved, That a Standing Committee of Finance be appointed, to 
whom the Treasurer's account (of the Trustees) shall be referred. — 1842, 
p. 8, O. S. 

Consists of ten ruling elders. 



OF THE GENERAL ASSEMBLY. 277 

(20) On the Records of the Synods. 
Consists of four ministers and three elders for each Synod. 

14. Corresponding members. Ministers casually present not invited. 

Upon motion, it was agreed that whereas this Assembly, copying the 
example of their predecessors, have admitted several ministers who are 
not commissioners to join in their deliberations and conclusions, but not 
to vote on any question, and although this Assembly has been much 
indebted to the wise counsels and friendly assistance of these correspond- 
ing ministers, nevertheless, on mature deliberation, it was 

Resolved', As the opinion of this house, 

1. That no delegated body has a right to transfer its powers, or any 
part thereof, unless express provision is in its Constitution. 

2. That this Assembly is a delegated body, and no such provision is 
in its Constitution. — 1791, p. 42. 

15. Delegates from corresponding bodies. 

At first these were not allowed to vote, but in 1794 the Assembly 
asked, and the General Association of Connecticut acceded to the 
request, that the delegates from these bodies respectively shall have a 
right not only to sit and deliberate, but also to vote, on all questions 
which may be determined by either of them. — 1794, p. 80; 1795, p. 96. 

The Assembly afterward (1827) asked that the right of voting be 
given up, and since 1830 corresponding members have the right only to 
sit and deliberate, but not to vote. 

16. Secretaries of the Boards and Permanent Committees, with Stated 
and Permanent Clerks, have the privileges of corresponding members. 

a. Resolved, That it be a standing rule of the Assembly that the 
Secretary of any of the Permanent Committees shall be entitled to the 
same privilege as the delegates from corresponding bodies, while the busi- 
ness entrusted to that Committee is under consideration in the house. 

The Assembly voted that the same privilege be extended to the Stated 
and Permanent Clerks in reference to matters pertaining to their official 
duties.— 1858, p. 581, N. S. 

b. Resolved, That all the Secretaries of the Boards of the Church have 
the privilege of corresponding members of the General Assembly, in 
discussions bearing upon the interests of the Boards which they severally 
represent. — 1870, p. 85. 

[Note.— Privilege of Corresponding Members : " Such members shall be entitled 
to deliberate and advise, but not to vote in any decisions." Form of Government, 
Chap, x, Sec. xii. See this Digest, p. 228.] 

17. Manual of the General Assembly. 

Resolved, That the Stated Clerk is hereby empowered to prepare for 
the use of the General Assembly a Manual, containing the Rules for 
Judicatories, the Standiag Orders and Rules, Directions to Committees, 
and such other items as may be of service to the Officers and Commis- 
sioners in connection with the business of the Assembly. — 1893, p. 218. 

Overture No. 227, being a communication from the Stated Clerk, 
submitting a copy of the " Manual of the General Assembly of the 
Presbyterian Church in the U. S. A.," prepared by him by order of 
the last Assembly. We recommend that this Manual be approved; that 
the thanks of the General Assembly be given to the Stated Clerk for his 



Z/5 FORM OF GOVERNMENT, CHAP. XII. 

useful volume, and that he be authorized to print another edition, with 
the Docket of the next Assembly and other matters added to the 
present contents. — 1894, p. 157. 

II. The General Assembly shall consist of an equal delegation of 
bishops and elders from each Presbytery in the following proportion, viz. : 
each Presbytery consisting of not more than twenty- four ministers shall 
send one minister and one elder, and each Presbytery consisting of more 
than twenty-four ministers shall send one minister and one elder for each 
additional twenty-four ministers, or for each additional fractional number 
of ministers not less than twelve, and these delegates so appointed shall 
be styled Commissioners to the General Assembly. — As amended, 1884, 
p. 103— Adopted, 1885, pp. 629, 630. 

[Note. — See under Form of Government, Chap, xxii.] 

1. The former ratios of representation. 

That every Presbytery shall, at their last stated meeting preceding the 
meeting of the General Assembly, depute to the General Assembly com- 
missioners in the following proportion: each Presbytery consisting of not 
more than six ministers shall send one minister and one elder; each 
Presbytery consisting of more than six ministers and not more than 
twelve shall send two ministers and two elders, and so in the same pro- 
portion for every six ministers. — 1786, p. 524. 

In 1819, p. 700, the ratio was altered by substituting the word nine 
for the word six, and the word eighteen in place of the word twelve. In 
1826, p. 168, the ratio was increased from nine to twelve and from 
eighteen to twenty-four. In 1833, p. 401, the ratio was made as follows, 
viz., each Presbytery consisting of not more than twenty-four ministers, 
shall send one minister and one elder; and each Presbytery consisting of 
more than twenty- four ministers, shall send two ministers and two elders; 
and in the like proportion for every twenty-four ministers in each Pres- 
bytery. 

The ratio as above was adopted. — 1885, p. 630. 

2. Where a Presbytery sends more than its proper representation, the 

last elected are refused. 

The right of two persons to a seat in the Assembly from the Presbytery 
of Portage was questioned, whereupon their case was referred to the 
Committee of Elections. After considering the subject, the Committee 
reported that the names of the minister and elder last appointed should 
be erased, because the Presbytery is entitled to no more than two com- 
missioners. This report was adopted. — 1835, p. 466. 

3. Sec. ii is mandatory both as to the proportion of ministers and elders, 

and as to sending the full number. 

Overture from the Presbytery of Baltimore, asking, " Is the provision 
of the Form of Government (Chap, xii, Sec. ii) for sending commis- 
sioners to the General Assembly by each Presbytery mandatory or 
discretionary ? 1. As to sending an equal number of bishops and 
elders ? 2. As to sending the full number to which each Presbytery is 
entitled?" 

Answer : Mandatory as to both. — 1890, p. 46. 



OF THE GENERAL ASSEMBLY. 279 

4. An elder who is a member of a church under the care of the Presby- 
tery may be elected. 

Overture from the Presbytery of Holston, asking, would the election 
of a ruling elder as a commissioner to the General Assembly be valid, if 
at the time of his election he were not in the Presbytery electing him ? 
Such election would be valid, if he is a member of a church under the 
care of Presbytery. Adopted.— 1889, p. 102. 

III. Any fourteen or more of these commissioners, one-half of whom 
shall be ministers, being met on the day and at the place appointed, 
shall be a quorum for the transaction of business. 

IV. The General Assembly shall receive and issue all appeals, com- 
plaints and references that affect the doctrine or Constitution of the 
Church, which may be regularly brought before them from the inferior 
judicatories; Provided, That in the trial of judicial cases the General 
Assembly shall have power to act by commission, in accordance with the 
provisions on the subject of Judicial Commissions in the Book of Disci- 
pline. They shall review the records of every Synod, and approve or 
censure them ; they shall give their advice and instruction in all cases 
submitted to them in conformity with the Constitution of the Church ; 
and they shall constitute the bond of union, peace, correspondence and 
mutual confidence among all our churches. 

[Note.— As amended, 1880, p. 74, and 1881, p. 523 ; 1884, p. 89, and 1885, p. 637. See 
Digest, 1886, pp. 217, 218 ; and Book of Discipline, Chap, ix, Sees, lxx-cii.] 

1. The Assembly will not ordinarily decide questions in thesi. 

a. But while the General Assembly is invested with the power of 
deciding in all controversies respecting doctrine and discipline, of reprov- 
ing, warning, or bearing testimony against error in doctrine in any 
church, Presbytery or Synod, or of suppressing schismatical contentions 
and disputations, all such matters ought to be brought before the Assem- 
bly in a regular and constitutional way. And it does not appear that 
the Constitution ever designed that the General Assembly should take up 
abstract cases and decide on them, especially when the object appears to 
be to bring those decisions to bear on particular individuals not judicially 
before the Assembly. Neither does it appear that the Constitution of the 
Church intended that any person or persons should have the privilege of 
presenting for decision, remonstrances respecting points of doctrine, on 
the conduct of individuals, not brought up from the inferior judicatories 
by appeal, reference or complaint, and this especially when such remon- 
strances contain no evidence whatsoever of the facts alleged, but mere 
statements, of the truth or justness of which the Assembly have no 
means of judging, inasmuch as a contrary course would allow of counter 
and contradictory remonstrances without end. — 1822, p. 50. See 1870, 
p. 28. 

b. It is ordinarily undesirable for the General Assembly to decide 
questions in thesi which are liable to be brought before it in its judicial 
capacity, as it may thus virtually prejudge cases of discipline ; it appears 
better that it should ordinarily follow in this respect the uniform practice 
of civil courts to decide legal principles only on actual cases presented. 
—1856, p. 213, N. S. 



280 FORM OF GOVERNMENT, CHAP. XII. 

C. Overture No. 13, being a request of the Rev. Samuel C. McCune 
that the Assembly would answer various questions connected with judicial 
processes in the lower courts. 

The Committee recommend the following answer: These questions 
pertain either to supposed or to actual judicial processes. In either case 
it is not deemed proper that the Assembly should give specific answers to 
them. Adopted.— 1866, p. 47, O. S. 

d. Overture No. 28, from the Presbytery of Santa Fe. (1) Is it in 
accordance with the spirit and Constitution of the Church for a Board or 
Committee of the Assembly to receive complaints against the character 
and conduct of a minister without giving him full information on the 
subject or refuse to do so when asked ? (2) What course should the 
Committee on Missions of a Presbytery take when a missionary sent into 
its bounds by a Board of the Assembly refuses to occupy the field 
assigned him by said Committee ? (3) Is it the province of a mission- 
ary Presbytery to designate the field of labor of its members or of a 
missionary sent into its bounds by any Board of the Assembly ? or 
does this right of designation belong to the Board sustaining the mis- 
sionary ? 

The Committee recommend no action, inasmuch as it presents the case 
in thesi, and the questions involved will probably be settled ere long by 
the action of the Board of Foreign Missions. Adopted. — 1872, p. 73; 
1888, p. 133. 

e. An overture from the Presbytery of Geneva, asking a deliverance 
of the Assembly interpreting the action of 1825 (Moore's Digest, ed. 
1873, p. 626) ; of 1853 (p. 626) ; of 1856 (p. 627) ; of 1865 (p. 627) ; 
of 1872 (p. 628). 

Answer : That it is inexpedient to answer in thesi questions which the 
Assembly may be called to answer judicially {Minutes, 1822, p. 50 ; 1856, 
p. 213, N. S. ; 1866, p. 47, O. S. ; 1870, p. 28; 1872, p. 73; Moore's 
Digest, ed. 1873, pp. 217, 218) ; especially as the subject is under con- 
sideration by the Revision Committee. Adopted. — 1881, p. 586; also, 
p. 589. 

f. Overture, being a paper from Dr. J. M. W. Farnham, from 
Shanghai, China, touching the lawfulness of reading a defamatory paper 
in open Presbytery before a trial has been initiated. We recommend 
that as this is a case in thesi the General Assembly declines to answer. 
Adopted.— 1893, p. 118; 1892, p. 213. 

2. The Assembly cannot remit the final decision of any matter affecting 
the doctrine of the Church to an inferior judicatory. 

The report of the Special Committee on the Memorial of the Synod of 
India in the matter of the baptism of polygamists was taken up, adopted, 
and is as follows: .... 

On only one point was your Committee unanimous, namely, that under 
the existing Constitution of the Presbyterian Church the request of the 
memorial cannot be granted. The request is in these words: 

" We respectfully request the General Assembly, in view of the 
exceedingly difficult complications which often occur in the cases of 
polygamists who desire to be received into the Church, to leave the 
ultimate decision in all such cases in India to the Synod of India." 

Your Committee are unanimously of the opinion that as the request 
contemplates a matter of doctrine it cannot be granted in view of the 



OF THE GENERAL ASSEMBLY. 281 

provision contained in Chap, xii, Sec. iv, of the Form of Government, 
which is as follows: 

" The General Assembly shall receive and issue all appeals, complaints 
and references that affect the doctrine or Constitution of the Church 
which may be regularly brought before them from the inferior judica- 
tories. ' ' 

The provision is mandatory. The General Assembly has no right to 
remit the final decision of any matter affecting the doctrine of the Church 
to an inferior judicatory. 

According to the Constitution the duty of admitting candidates to the 
communion of the Church pertains to the Session of the local church. 
Should questions arise as to the propriety of admission or refusal they 
may be carried by appeal or complaint to the superior judicatories, and 
for ultimate decision to the General Assembly 

The only recommendation reported to the Assembly is: That in view 
of the mandatory nature of Chap, xii, Sec. iv, of the Form of Govern- 
ment, the request of the Synod of India contained in the memorial 
cannot be granted. Respectfully submitted, 

E. R. Craven, 
John D. Wells, 
George Junkin. 

—1896, pp. 149, 150. 

[Note. — See at large under Sec. v, below, and Book of Discipline, Chap, ix.] 
V. To the General Assembly also belongs the power of deciding in all 
controversies respecting doctrine and discipline; of reproving, warning 
or bearing testimony against error in doctrine or immorality in practice 
in any church, Presbytery or Synod; of erecting new Synods when it 
may be judged necessary; of superintending the concerns of the whole 
Church; of corresponding with foreign churches on such terms as may 
be agreed upon by the Assembly and the corresponding body; of sup- 
pressing schismatical contentions and disputations; and, in general, of 
recommending and attempting reformation of manners, and the promo- 
tion of charity, truth and holiness through all the churches under their 
care. 

I. DECISIONS AND DELIVERANCES ON DOCTRINE. 

[Note. — See for the fundamental provision in connection with the Assembly's 
power in relation to doctrine and discipline, the Confession of Faith, Chap, xxxi, 
Sec. 2. Also for deliverances upon the Holy Scriptures, Confession of Faith, Chap, i, 
pp. 45, 54, 57, 65, 66 of this Digest. For the case of Samuel Harker, p. 75 ; Hezekiah 
Balch, p. 71 ; William C. Davis, p. 79 ; Thomas G. Craighead, p. 80 ; John Miller, p. 73. 
The testimony of the Assembly of 1837 against doctrinal errors, as well as the Auburn 
declaration, and the deliverance of the Assembly of 1869, 0. S., with reference to the 
latter document, are given below.] 

II. TESTIMONY AGAINST DOCTRINAL ERRORS. 

1. Deliverance of the Assembly of 1837. 

The Assembly adopted that part of the report of the Committee on 
the memorial which relates to doctrinal errors, as follows, viz. : 

As one of the principal objects of the memorialists is to point out 
certain errors more or less prevalent in our Church, and to bear testimony 
against them, your Committee are of opinion that as one great object of 
the institution of the Church was to be a depository and guardian of the 



282 FORM OF GOVERNMENT, CHAP. XII. 

truth, and as by the Constitution of the Presbyterian Church in the 
United States it is made the duty of the General Assembly to testify 
against error; therefore, 

Resolved, That the testimony of the memorialists concerning doctrine 
be adopted as the testimony of this General Assembly (with a few verbal 
alterations), which is as follows: 

1. That God would have prevented the existence of sin in our world, 
but was not able without destroying the moral agency of man, or that, 
for aught that appears in the Bible to the contrary, sin is incidental to 
any wise moral system. 

2. That election to eternal life is founded on a foresight of faith and 
obedience. 

3. That we have no more to do with the first sin of Adam than with 
the sins of any other parent. 

4. That infants come into the world as free from moral defilement as 
was Adam when he was created. 

5. That infants sustain the same relation to the moral government of 
God in this world as brute animals, and that their sufferings and death 
are to be accounted for on the same principles as those of brutes, and 
not by any means to be considered as peual. 

6. That there is no other original sin than the fact that all the posterity 
of Adam, though by nature innocent or possessed of no moral character, 
will always begin to sin when they begin to exercise moral agency; that 
original sin does not include a sinful bias of the human mind and a just 
exposure to penal suffering; and that there is no evidence in Scripture 
that infants, in order to salvation, do need redemption by the blood 
of Christ and regeneration by the Holy Ghost. 

7. That the doctrine of imputation, whether of the guilt of Adam's 
sin or of the righteousness of Christ, has no foundation in the Word of 
God, and is both unjust and absurd. 

8. That the sufferings and death of Christ were not truly vicarious 
and penal, but symbolical, governmental and instructive only. 

9. That the impenitent sinner is by nature, and independently of the 
renewing influence or almighty energy of the Holy Spirit, in full posses- 
sion of all the ability necessary to a full compliance with all the com- 
mands of God. 

10. That Christ does not intercede for the elect until after their regen- 
eration. 

11. That saving faith is not an effect of the special operation of the 
Holy Spirit, but a mere rational belief of the truth or assent to the 
Word of God. 

12. That regeneration is the act of the sinner himself, and that it 
consists in a change of his governing purpose which he himself must 
produce, and which is the result, not of any direct influence of the Holy 
Spirit on the heart, but chiefly of a persuasive exhibition of the truth 
analogous to the influence which one man exerts over the mind of 
another, or that regeneration is not an instantaneous act, but a progres- 
sive work. 

13. That God has done all that He can do for the salvation of all 
men, and that man himself must do the rest. 

14. That God cannot exert such influence on the minds of men as 
shall make it certain that they will choose and act in a particular manner 
without impairing their moral agency. 



OF THE GENERAL ASSEMBLY. 283 

15. That the righteousness of Christ is not the sole ground of the 
sinner's acceptance with God, and that in no sense does the righteousness 
of Christ become ours. 

16. That the reason why some differ from others in regard to their 
reception of the Gospel is that they make themselves to differ. 

Against all these errors, whenever and wherever and by whomsoever 
taught, the Assembly would solemnly testify, and would warn all in 
connection with the Presbyterian Church against them. They would 
also enjoin it upon all the inferior judicatories to adopt all suitable measures 
to keep their members pure from opinions so dangerous. Especially 
does the Assembly earnestly enjoin on all the Presbyteries to guard with 
great care the door of entrance to the sacred office. Nor can the As- 
sembly regard as consistent with ministerial ordination vows an unwilling- 
ness to discipline according to the rules of the Word of God and of our 
Standards any person already a teacher who may give currency to the 
foregoing errors. Yeas 109; nays 6; non liquet 11. — 1837, pp. 468-470. 

[Note.— For the memorial referred to above, see Baird's Digest, 1858, pp. 710-715 ; 
especially p. 711. Minutes, 1837, pp. 468, 469 ; also Reprint Minutes, 1821-1837, pp. 618- 
620.] 

2. An explication of doctrines. 

Protest to the Assembly of 1837, including the document afterwards known 
as the Auburn Declaration. 

The following final article of a protest on the general action of the 
Assembly in reference to the ' ' Memorial ' ' was ordered to be placed 
upon the minutes, viz.. : 

We protest finally, because, in view of all the circumstances of the case, we 
feel that while we were prevented from uniting in the final vote with the 
majority in their testimony against error, for the reasons above stated, we owe 
it to ourselves, to our brethren, to the Church and to the world to declare and 
protest that it is not because we do, directly or indirectly, hold or countenance 
the errors stated. We are willing to bear our testimony in full against them, 
and now do so, when, without misapprehension and liability to have our vote 
misconstrued, we avow our real sentiments, and contrast them with the errors 
condemned, styling them, as we believe, the true doctrine, in opposition to the 
erroneous doctrine condemned, as follows, viz : 

First Error. "That God would have prevented the existence of sin in our 
world, but was not able without destroying the moral agency of man ; or that, 
for aught that appears in the Bible to the contrary, sin is incidental to any wise 
moral system." 

True Doctrine. God permitted the introduction of sin, not because he was 
unable to prevent it, consistently with the moral freedom of his creatures, but 
for wise and benevolent reasons which he has not revealed. 

Second Error. "That election to eternal life is founded on a foresight of 
faith and obedience." 

True Doctrine. Election to eternal life is not founded on a foresight of faith 
and obedience, but is a sovereign act of God's mercy, whereby, according to 
the counsel of his own will, he hath chosen some to salvation ; "yet so as 
thereby neither is violence offered to the will of the creatures, nor is the liberty 
or contingency of second causes taken away, but rather established," nor does 
this gracious purpose ever take effect independently of faith and a holy life. 

Third Error. " That we have no more to do with the first sin of Adam than 
with the sins of any other parent." 

True Doctrine. By a divine constitution, Adam was so the head and repre- 
sentative of the race that, as a consequence of his transgression, all mankind 
became morally corrupt and liable to death, temporal and eternal. 

Fourth Error. " That infants come into the world as free from moral defile- 
ment as was Adam when he was created." 

True Doctrine. Adam was created in the image of God, endowed with 



284 FORM OF GOVERNMENT, CHAP. XII. 

knowledge, righteousness and true holiness. Infants come into the world not 
only destitute of these, but with a nature inclined to evil, and only evil. 

Fifth Error. "That infants sustain the same relation to the moral govern- 
ment of God in this world as brute animals, and that their sufferings and death 
are to be accounted for on the same principles as those of brutes, and not by 
any means to be considered as penal." 

True Doctrine. Brute animals sustain no such relation to the moral govern- 
ment of God as does the human family. Infants are a part of the human 
family ; and their sufferings and death are to be accounted for on the ground 
of their being involved in the general moral ruin of the race induced by the 
apostasy. 

Sixth Error. "That there is no other original sin than the fact that all the 
posterity of Adam, though by nature innocent, will always begin to sin when 
they begin to exercise moral agency ; that original sin does not include a sinful 
bias of the human mind and a just exposure to penal suffering ; and that there 
is no evidence in Scripture that infants, in order to salvation, do need redemp- 
tion by the blood of Christ and regeneration by the Holy Ghost." 

True Doctrine. Original sin is a natural bias to evil, resulting from the first 
apostasy, leading invariably and certainly to actual transgression. And all 
infants, as well as adults, in order to be saved, need redemption by the blood 
of Christ and regeneration by the Holy Ghost. 

Seventh Error. "That the doctrine of imputation, whether of the guilt of 
Adam's sin or of the righteousness of Christ, has no foundation in the word of 
God, and is both unjust and absurd." 

True Doctrine. The sin of Adam is not imputed to his posterity in the sense 
of a literal transfer of personal qualities, acts and demerit; but by reason of 
the sin of Adam, in his peculiar relation, the race are treated as if they had 
sinned. Nor is the righteousness of Christ imputed to his people in the sense 
of a literal transfer of personal qualities, acts and merit ; but by reason of 
his righteousness, in his peculiar relation, they are treated as if they were 
righteous. 

Eighth Error. "That the sufferings and death of Christ were not truly 
vicarious and penal, but symbolical, governmental and instructive only." 

True Doctrine. The sufferings and death of Christ were not symbolical, 
governmental and instructive only, but were truly vicarious — i. e., a substitute 
for the punishment due to transgressors. And while Christ did not suffer the 
literal penalty of the law, involving remorse of conscience and the pains of 
hell, he did offer a sacrifice which infinite wisdom saw to be a full equiva- 
lent. And by virtue of this atonement overtures of mercy are sincerely made 
to the race, and salvation secured to all who believe. 

Ninth Error. " That the impenitent sinner is by nature, and independently 
of the renewing influence or almighty energy of the Holy Spirit, in full pos- 
session of all the ability necessary to a full compliance with all the commands 
of God." 

True Doctrine. While sinners have all the faculties necessary to a perfect 
moral agency and a just accountability, such is their love of sin and opposition 
to God and his law that, independently of the renewing influence or almighty 
energy of the Holy Spirit, they never will comply with the commands of God. 

Tenth Error. " That Christ does not intercede for the elect until after their 
regeneration." 

True Doctrine. The intercession of Christ for the elect is previous as well as 
subsequent to their regeneration, as appears from the following Scripture, viz.: 
" I pray not for the world, but for them which thou hast given me, for they are 
thine. Neither pray I for these alone, but for them also which shall believe on 
me through their word." 

Eleventh Error. "That saving faith is not an effect of the operations of 
the Holy Spirit, but a mere rational belief of the truth or assent to the word of 
God." 

True Doctrine. Saving faith is an intelligent and cordial assent to the testi- 
mony of God concerning his Son, implying reliance on Christ alone for pardon 
and eternal life, and in all cases it is an effect of the special operation of the 
Holy Spirit. 

Twelfth Error. "That regeneration is the act of the sinner himself, and 
that it consists in a change of his governing purpose which he himself must 
produce, and which is the result, not of any direct influence of the Holy Spirit 
on the heart, but chiefly of a persuasive exhibition of the truth, analogous to 



OF THE GENERAL ASSEMBLY. 285 

the influence which one man exerts over the mind of another, or that regenera- 
tion is not an instantaneous act, but a progressive work." 

True Doctrine. Regeneration is a radical change of heart, produced by the 
special operations of the Holy Spirit, "determining the sinner to do that which 
is good," and is in all cases instantaneous. 

Thirteenth Error. " That God has done all that he can do for the salvation 
of all men, and that man himself must do the rest." 

True Doctrine. While repentance for sin and faith in Christ are indispensa- 
ble to salvation, all who are saved are indebted from first to last to the grace 
and Spirit of God. And the reason that God does not save all is not that he 
wants the power to do it, but that in his wisdom he does not see fit to exert that 
power further than he actually does. 

Fourteenth Error. " That God cannot exert such influence on the minds of 
men as shall make it certain that they will choose and act in a particular man- 
ner without impairing their moral agency." 

True Doctrine. While the liberty of the will is not impaired, nor the estab- 
lished connection betwixt means and end broken by any action of God on the 
mind, he can influence it according to his pleasure, and does effectually deter- 
mine it to good in all cases of true conversion. 

Fifteenth Error. "That the righteousness of Christ is not the sole ground of 
the sinner's acceptance with God, and that in no sense does the righteousness 
of Christ become ours." 

True Doctrine. All believers are justified, not on the ground of personal 
merit, but solely on the ground of the obedience and death, or, in other words, 
the righteousness, of Christ. And while that righteousness does not become 
theirs in the sense of a literal transfer of personal qualities and merit, yet, from 
respect to it, God can and does treat them as if they were righteous. 

Sixteenth Error. "That the reason why some differ from others in regard 
to their reception of the Gospel is that they make themselves to differ." 

True Doctrine. While all such as reject the Gospel of Christ do it not by 
coercion, but freely, and all who embrace it do it not by coercion, but freely, 
the reason why some differ from others is because God has made them to differ. 

George Duffield, E. W. Gilbert, Thomas Brown, Bliss Burnap, N. S. S. 
Beman, E. Cheever, E. Seymour, George Painter, F. W. Graves, Obadiah 
Woodruff, N. C. Clark, Robert Stuart, Nahum Gould, Absalom Peters, Alex- 
ander Campbell.— 1837, pp. 484-486 ; also Reprint Minutes, 1821-1837, pp. 634- 
636 

3. Action of Old School Assembly, 1869, on alleged toleration of doctrinal 
errors by the New School. 

[Note. — A Protest "Against the Terms of Union approved by the Assembly and its 
action in relation to them," was offered by Dr. E. P. Humphrey and others. — 1869, 
p. 658, 0. S. For the Protest, see Digest, 1886, pp. 81-86, and Minutes, pp. 658-661, O. S. 
The answer of the Assembly to this Protest was adopted and ordered to be entered on 
the minutes.] 

4. Answer to the Protest. 

In reply to the Protest against its action on the Terms of Union, the 
Assembly observes: 

The authors of the Protest first speak of a series of doctrinal errors and here- 
sies, which may be concisely stated as follows : (1) There is no moral char- 
acter in man prior to moral action, and therefore man was not created holy. 
(2.) There was no covenant made with Adam, his posterity did not fall with 
him, and every man stands or falls for himself. (3) Original sin is not truly 
and properly sin bringing condemnation, but only an innocent tendency lead- 
ing to actual transgression. (4) Inability of any and every kind is inconsis- 
tent with moral obligation. (5) Regeneration is the sinner's own act, and 
consists in the change of his governing purpose. (6) God cannot control 
the acts of free agents, and therefore cannot prevent sin in a moral system. 
(7) Election is founded upon God's foreknowledge that the sinner will repent 
and believe. (8) The sufferings of Christ are not penal, and do not satisfy 
retributive justice. (9) Justification is pardon merely, and does not include 
restoration to favor and acceptance as righteous. 

These doctrinal errors the authors of the Protest are careful to say are repu- 
diated by the great mass of the New School Church. They say that "they 



286 FORM OF GOVERNMENT, CHAP. XII. 

are far from believing or insinuating that these doctrines are generally approved 
by the New School Church" — that "they do not impute these errors to a 
majority, or to any definite proportion of our New School brethren " 

The charge that is made in this Protest, and the only charge made in this 
reference, is, that while the other branch of the Presbyterian Church repudiate 
these doctrines for themselves, they at the same time hold that they are consis- 
tent with the Calvinism of the Confession of Faith The authors of the Pro- 
test allege that it is the judgment of the New School body that a person can 
logically and consistently accept the Westminster symbol and these nine or 
ten Pelagian and Arminian tenets at one and the same time. This is the sub- 
stance of their charge. 

The Assembly pronounces this allegation to be without foundation, because : 

1. Such a position, if taken by the New School Church, or by any Church 
whatsoever, would simply be self-stultifying and absurd. That a great reli- 
gious denomination, which from the beginning of its organization in 1837, 
down to the present time, has held up the Westminster Confession as its 
symbol, has compelled every one of its ministers and elders to subscribe to 
that symbol, and has received its membership into church communion upon 
professing faith in the doctrines of that symbol ; that an ecclesiastical body 
which has thus stood before the other churches of this and other lands as a 
Calvinistic body, and has been reckoned and recognized as such, should at the 
same time be jealous in behalf of the distinguishing doctrines of Pelagianism 
and Arminianism, and insist that these latter are consistent with the tormer, 
and are to be tolerated in a Calvinistic body, is too much for human belief. 
The entire history of the Church does not present such a phenomenon as that 
of a denomination adopting before the world a definite type of doctrine, and 
at the same time claiming that exactly the contrary type of doctrine is com- 
patible with it, and must be tolerated within its communion. If the New 
School Church are really doing what the signers of this Protest allege they are, 
then their position before the churches and the world would be as absurd as 
would have been the position of the Nicene Church if, at the very time that it 
adopted and defended the Trinitarianism of Athanasius, it had insisted that 
the tenets of Arius or those of the Humanitarians w r ere consistent with those 
of the great father of orthodoxy, and must be allowed in the Catholic Church. 
The human mind, even in its natural condition, never did work in this manner 
and never will ; and still less will the human mind, when renewed and sanc- 
tified by divine grace, be guilty of such a palpable inconsistency. 

2. These very errors, charged by the signers of the Protest as allowed by 
the New School Presbyterians, have already been distinctly repudiated by 
them. The Auburn Convention, held in 1837 under the influence and doctrinal 
guidance of that excellent and sound divine, the late Dr. Richards, specified 
sixteen doctrinal errors, which contain the very same latitudinarian and heret- 
ical tenets mentioned in the Protest, rejected them in toto and set over against 
them sixteen "true doctrines," w r hich embrace all the fundamentals of the 
Calvinistic creed. This Assembly regards the "Auburn Declaration" as an 
authoritative statement of the New School type of Calvinism, and as indicat- 
ing how far they desire to go, and how much liberty they wish in regard to 
w r hat the Terms of Union call "the various modes of explaining, illustrating, 
and stating " the Calvinistic faith. We believe that a large number of our 
New School brethren would preferthe modes of " explaining and illustrating " 
the tenets of Calvinism which are employed by the authors of this Protest 
themselves, and the other portions of the body claim only that degree of vari- 
ation from these modes which would be represented by the theology of 
Richards and the Auburn Declaration. 

The Assembly is fully satisfied that any instances of laxity of doctrine among 
the New School which have been exhibited, are exceptional cases, and that 
the great body of the other Church sincerely and firmly stand upon the basis of 
our common Standards. The many disclaimers of the unsound views charged, 
and declarations that the standards are received as by us, which have been 
made by distinguished and representative men, and in the periodicals of the 
New School Church, leave no room to doubt that the interests of sound doc- 
trine will be safe in the united Church. 

4. That the allegation of this Protest is unfounded is proven by the fact that 
the New School Church have adopted, by a unanimous vote, the Basis of Doc 
trine presented by the Joint Committee. Whatever may be the preferences 
and opinions of individuals respecting particular clauses in the first article in 



OF THE GENERAL ASSEMBLY. 287 

this basis, this General Assembly holds and affirms that it not only commits, 
but binds any ecclesiastical body that should receive it to pure and genuine 
Calvinism. It will be so understood by all the world. For it expressly lays 
down the Westminster symbol as the doctrinal platform, and expressly 
requires that no doctrine shall be taught that is not Calvinistic in the old, 
ancestral, "historical" meaning of this "term, or that "impairs the integrity " 
of the Calvinistic system. We affirm that there is not a man upon the globe, 
possessed of a sane mind, and acquainted with the subject of doctrine, who 
would assert that the list of errors and heresies mentioned by the signers of 
this Protest is "Calvinistic " in the accepted and historical signification of the 
term, or that their reception would not impair the integrity of the Calvinistic 
system. 

And it must be distinctly observed that if any doctrines had been hitherto 
allowed by the New School body which "impair the integrity of the Calvin- 
istic system," they are not to be allowed in the united Church under the terms 
of union. Such doctrines are condemned, and any one who may teach them 
will be subject to discipline. It is the testimony of some of the protesters 
themselves that the great body of the New School are sound in doctrine ; our 
own body being the large majority in the union, when fortified by the acces- 
sion of the great body of sound men in the other, will establish and confirm 
the testimony of the Church to the truth ; will preserve it, by God's help, from 
error, and maintain intact, while it extends, the purifying and saving power 
of our venerated Confession. 

5. The errors and heresies alleged in the Protest are combated and refuted 
in the Theological Seminaries of the New School. 

Such Seminaries, in any denomination, are important exponents of its doc- 
trinal position and character. The Assembly knows that in the three Semi- 
naries of our New School brethren, Westminster Calvinism is fully and firmly 
taught. The Professors in these are obliged to subscribe the Westminster 
Confession, and heretical teaching throws the Professor out of his chair by the 
very constitution of these Seminaries. The Assembly notices this point par- 
ticularly, because the authors of the Protest assert that the doctrinal errors 
specified by them "have been taught in some of the Theological Seminaries 
of our land." This is not the proper manner in which to affix so grave and 
damaging a stigma upon our New School Presbyterian brethren. The authors 
of this Protest ought to have made this allegation, not in the way of insinua- 
tion, but by distinct assertion and proof. Many things are "taught in the 
Theological Seminaries of our land," which are not taught in the Presbyterian 
Seminaries of the land, either New School or Old. 

6. The Protest alleges it to be a "notorious fact" that the New School 
Church insists that the heresies mentioned are compatible with Calvinism. If 
the alleged fact had been so "notorious," as the Protest affirms, it would cer- 
tainly have been known to this Assembly, and would have made it simply 
impossible to have secured for the Basis of the Joint Committee, or for any 
other conceivable basis, any favorable consideration. The idea of reunion 
would not have been entertained for a moment. 

Furthermore, this Assembly emphatically holds up to the Church and to the 
world, that it receives into its ministry and" membership those who adopt "the 
system of doctrine taught in our Confession," and that it never has held, and 
does not now hold, that its ministers or members shall "view, state, or 
explain " that system in any other than the words of the Holy Scriptures and 
our Standards ; and to show that this is the sentiment not only of the Assem- 
bly, but of the protesters themselves also, the Assembly here cites the testi- 
mony of one of the signers of the Protest, whose words have been referred to 
in the discussions just closed. Says Dr. Hodge : 

"If a man comes to us, and says he adopts 'the system of doctrine ' taught 
in our Confession, we have a right to ask him, ' Do you believe there are three 
persons in the Godhead — the Father, the Son, and the Holy Ghost — and that 
these three are one God, the same in substance, equal in power and glory?' If 
he says, Yes, we are satisfied. We do not call upon him to explain how three 
persons are one God, or to determine what relations in the awful mysteries of 
the Godhead are indicated by the terms Father, Son, and Holy Ghost. If we 
ask, Do you believe that ' God created man male and female, after his own 
image, in knowledge, righteousness and holiness, with dominion over the crea- 
tures ? ' and he answers, Yes, we are satisfied. If he says he believes that 
'the covenant being made with Adam, not only for himself, but for his pos- 



288 FORM OF GOVERNMENT, CHAP. XII. 

terity, all mankind descending from him by ordinary generation, sinned in him, 
and fell with him, in his first transgression,' we are satisfied. If he says that 
he believes that ' the sinfulness of that estate whereinto man fell consists in 
the guilt of Adam's first sin, the want of original righteousness, and the cor- 
ruption of his whole nature, which is commonly called original sin, together 
with all actual transgressions which proceed from it,' we are satisfied. If he 
says, ' Christ executes the office of a priest in his once offering himself a sacri- 
fice to satisfy Divine justice, and reconcile us to God, and in making continual 
intercession for us ;' we are satisfied. If he says he believes justification to be 
'an act of God's free grace, wherein he pardoneth all our sins, and accepteth 
us as righteous in his sight, only for the righteous of Christ imputed to us, and 
received by faith alone,' we are satisfied. Is not this what is meant when a 
man says he adopts our ' system of doctrine ' ? Is not this — nothing more and 
nothing less — that which we are authorized and bound to require? God grant 
that we may unite on terms so simple, so reasonable, and, I must hope, so sat- 
isfactory to every sincere, humble, Christian brother." — {Remarks of the Rev. 
Charles Hodge, D.D., in the Philadelphia Convention.) 

The Assembly cannot enlarge the basis beyond the platform of God's truth 
as stated in our Standards, and it would not narrow the basis by taking one 
tittle from the form of sound words therein contained. We declare our wil- 
lingness to unite with all those who profess their faith in the Lord Jesus 
Christ, and their adoption of "the Confession of Faith and Form of Govern- 
ment " of our beloved Church. 

The protesters object to the eighth item of the Basis, because it makes the 
united Church responsible for the publications of the New School Committee. 
This is a misapprehension. The publications of the New School Committee 
and our Board are to be issued as now, with the imprint of each, until the new 
Board shall prepare a new catalogue, for which alone the united Church will 
be responsible. 

Again, the protesters object to the fourth article as unsettling past acts of 
our Church. This a matter of necessity where the action of the two bodies 
differs. It is believed, however, that except in the case of the imperative 
clause of the examination rule of 1837, no important difference can be found. 
If it is otherwise, the united Church is the proper body to establish its own 
usages. We do not believe that our brethren of the New School Church have 
now any sympathy with Congregational views of government, or any objec- 
tion to usages that are strictly Presbyterian. 

The various amendments proposed by the protesters were laid on the table, 
not because they were contrary to the sentiment of the Assembly, but because, 
under the circumstances, it was not possible to engraft them upon the terms of 
the union, and, in the judgment of the Assembly, they were not essential to 
the integrity of the Calvinistic basis on which the union is to be effected. 

William G. T. Shedd, J. G. Monfort, S. Irenams Prime, H. H. Leavitt, 
Robert McKnight, Committee.— 1869, pp. 658-665, O. S. 

III. TO RECEIVE PETITIONS, MEMORIALS, APPEALS, COMPLAINTS, ETC. 

1. The right to petition and to memorialize the Assembly affirmed. 

a. We, the undersigned, members of Assembly, respectfully enter 
our protest against the action of the General Assembly, in postponing 
indefinitely the resolution offered by Dr. Neill, in favor of the right of 
petition by our Presbyteries and Synods; because — 

1. No opportunity was offered to any member to express his views on 
the subject previously to the vote ; thus the Assembly was hurried into a 
decision, without opportunity to consider the great injuries done by thus 
virtually denying this sacred right. 

2. Because the spirit of our free form of government is thus violated, 
inasmuch as it secures to the lower judicatories the right of being heard 
on all moral and religious subjects, when they present their views in a 
regular and constitutional manner. 

To this the Assembly reply: 

The protest imputes to this Assembly a principle which it never 



OF THE GENERAL ASSEMBLY. 289 

adopted, viz., the denial of the right of petition. The true reason of 
the indefinite postponement of Dr. Neill's paper was, that as no one 
doubted the right of petition, a further consideration of the subject 
would consume time by useless debate and legislation. The Committee 
regard this statement as a sufficient answer to the protest in question. — 
1841, p. 449, O. S. 

b. The Committee to whom was referred the protest of W. Bushnell 
and others in relation to the action of the Assembly on certain petitions 
respecting the abolition of slavery, reported, recommending the adop- 
tion of the following minute: 

The General Assembly, recognizing the right of inferior judicatories, 
and private members, upon their own responsibility, to memorialize this 
body on any subject which they may regard as connected with the inter- 
ests of the Church, and finding no fault with the language of the 
protest, admit it to record without further notice. — 1844, p. 376, O. S. 

2. One who does not submit is debarred the right to petition. 

The Committee to which was referred the petition of Mr. Bourne 
reported, and their report, being read, was accepted. Whereupon it was 
resolved, that as it appears to be a fact that Mr.' Bourne has not sub- 
mitted to the judgment of the Assembty in affirming a decision by which 
he was deposed from the Gospel ministry, he be permitted to withdraw 
his petition.— 1823, p. 93. 

3. Overtures on any pending judicial case will not be received. 

The Judicial Committee has had referred to it overtures from the 
following Presbyteries, to wit: Indianapolis, Chicago, Bloomington, 
La Crosse, Kingston, Monroe, Denver, Elizabeth, Montana, Petoskey, 
Lake Superior, Mattoon, Trinity, Lyons, Milwaukee, Boston, White 
Water, Chippewa, Austin, Steuben, Detroit, Grand Rapids, Cayuga, 
Albany, Mankato, Binghamton, Niagara, Utica and North River, all 
of which overture the Assembly to take certain specific action, some in 
one direction and some in another, in a judicial case pending before this 
Assembly. It has also had referred to it overtures from the following 
Presbyteries, viz. : North River, Utica, Niagara, Binghamton, Man- 
kato, Albany, Cayuga, Mattoon, Steuben, Grand Rapids, Rochester, 
Montana, Newark, Syracuse and Grand Rapids, all of which overture 
that certain changes be made in the Book of Discipline to prevent any 
appeal being taken, in the future, direct from the Presbytery to the 
General Assembly. Your Committee, having carefully considered all 
of said overtures, recommend the adoption by the Assembly of the 
following resolution : 

Resolved, That a Presbytery has the undoubted right of petition to 
the General Assembly, as to all matters relating to the polity of the 
Church; but an overture from a Presbytery, advising the Assembly what 
action should be taken by said Assembly in a pending judicial case, is 
an irregular and unprecedented ecclesiastical procedure. Every Presby- 
tery has the right and the opportunity to have its opinion on a pending 
judicial case expressed through its commissioners on the floor of the 
Assembly; but it has not the right by overture to try to influence the 
decision of the Assembly on any pending judicial case. It is, therefore, 
recommended that all such overtures, in so far as they relate to the action 
19 



290 FORM OF GOVERNMENT, CHAP. XII. 

of the Assembly in any case now pending before it, be laid upon the 
table.— 1893, p. 91. 

4. The rule as adopted at the Reunion, 1870: Bills, overtures, etc.. 
received only from Presbyteries and Synods. 

The report of the Joint Committee on Reconstruction recommended 
the following, which was adopted : 

As much time is consumed and the attention of the Assembly dis- 
tracted with overtures and questions of minor importance coming up 
from various quarters, impeding the transaction of business of more 
general interest, it is recommended that the Assembly order that, here- 
after, bills and overtures come up only from Synods or Presbyteries; yet, 
that this may not prevent any Committee of Bills and Overtures from 
bringing before the house, of its own motion, upon a two -thirds vote of 
the Committee, any matter which they may deem of sufficient importance 
to engage the attention of the General Assembly. — 1870, p. 90. 

5. The rule of 1870 affirmed and enforced. 

a. From the Rev. Joseph Mathers, pastor of the church of Logan's 
Valley, Pa., asking .advice regarding the church relations of persons 
who felt aggrieved by a certain disposition of church property. While 
your Committee recognize the rule that might have debarred this over- 
ture, they recommend the Assembly to direct the parties to make their 
complaints to their Presbytery or Synod. Adopted. — 1882, p. 97. 

b. Overture on the subject of communion wine, signed by Rev. 
Henry K. Hennigh. The Committee are of opinion that an overture 
coming from a private individual, instead of from a lower Church judi- 
catory, should not be regarded as properly before the Assembly. This 
was so held by the Assembly of 1870 (see Digest, 1886, p. 523). 

But if this point could be considered doubtful, the deliverance of the 
Assembly of 1881 (p. 548) fully covers the subject of this overture, 
and a reference thereto is a sufficient answer. We therefore recommend 
that no further answer be given. Adopted. — 1882, p. 57; 1885, p. 
685. 

C. Overture. — A memorial from the Rev. Jonathan Edwards, D. D. , 
LL.D., and Rev. Raymond H. Leonard, in relation to the use of the 
New Version of the New Testament by the Board of Publication in its 
Sabbath-school helps. This memorial is affected by the same rule referred 
to in answer to No. 10. It comes up to the Assembly through none of 
the lower judicatories of the Church. But if the right of the memori- 
alists to be heard is considered, the Committee are not aware of any 
action of the Board relating to the New Version, or of any use made of 
the same in its Sabbath -school helps, except as an aid to a proper 
understanding of the text of the Standard Version. No action, there- 
fore, seems to be needed. — 1882, p. 58. 

d. Overture from the pastor and the President of the Board of Trus- 
tees of the West Union Church, Presbytery of Washington, W. Va., 
asking that Chap, xv, Sec. iv, of our Form of Government, be thus 
interpreted: " The congregation have the right, when assembled for the 
transaction of secular business or the election of a pastor, to decline 
receiving the votes of such church members as may either refuse to sup- 
port the church or as may refuse to contribute, according to the rules of 
that congregation, to all its necessary expenses. ' ' 



OF THE GENERAL ASSEMBLY. 291 

Your Committee would respectfully answer this overture by referring 
to the rule of the General Assembly on p. 523, Moore's Digest, 1886, 
which debars the reception of overtures except such as are presented 
through a Synod or Presbytery. Adopted. — 1883, p. 627. 

e. Overture from the Rev. John Pym Carter, with reference to a 
constitutional amendment which shall empower the Presbyteries to take, 
in the election, ordination and installation of ruling elders, the same 
oversight as in the case of pastors. 

The Committee recommend the following answer: The overture is 
irregular, as the General Assembly has decided that all overtures shall 
come to it through Presbyteries or Synods, and not through individuals 
or Sessions. Adopted. — 1883, p. 627. 

[Note.— See under (8) below, 1887, p. 118.] 

6. The rule does not deny the right of petition: its repeal inexpedient. 

Overture from the Presbytery of Baltimore, asking the repeal of the 
Standing Rule in the Minutes of the Assembly for 1870, p. 90, which 
limits the right of petition or overture to the Presbyteries and Synods, 
and thus " deprives the Church at large of the inalienable right of 
petition." 

The Committee recommends that as the rule referred to does not deny 
the right of petition, but only prescribes .an orderly method of action, 
and saves the Assembly from unnecessary demands upon its time, the 
overture be answered in the negative. Adopted. — 1884, pp. 75, 76. 

[Note. — The rale gives wide discretion to the Committee of Bills and Overtures, 
see No. 4, above: "Any matter which they may deem of sufficient importance to 
engage the attention of the General Assembly." — 1870, p. 90.] 

7. Memorial from an individual received. 

a. A memorial from David M. Wilson, of the Presbytery of King- 
ston, Synod of Tennessee, praying this General Assembly to give an 
authoritative deliverance in reference to the right of a Synod to organize 
a colored Presbytery on territory included in Presbyteries already 
existing. 

The Committe on Polity recommend that this request be granted, and 
that the authoritative deliverance be made according to the definition of a 
Presbytery in Chap, x, Sec. ii, of our Form of Government. Adopted. 
—1873, p. 525. 

b. From the Rev. Luther Dodd, a member of the Presbytery of Fort 
Dodge (received and answered). — 1879, p. 613. 

C. From a member of the Presbytery of Iowa City, asking, etc. 
(received and answered ; see below, Chap, xiii, Sec. iv). — 1880, 
p. 46. 

d. From parties unknown to your Committee (received and answered). 
—1880, p. 46. 

e. An overture, " from the venerable patriarch, the Rev. Samuel C. 
Jennings, asking the Assembly to urge the importance of practical work 
in the cause of temperance" (answered by referring to former testi- 
monies; Digest, 1886, pp. 595-605).— 1881, p. 550. 

f. From Chaplain Blake, answered: " Do not think it wise for this 
Assembly to interfere in the case as an Assembly." — 1889, p. 111. 



292 FORM OF GOVERNMENT, CHAP. XII. 

8. The overtures contemplated by the Rule of 1870 defined. 

The Standing Committee on the Polity of the Church presented a 
report, which was adopted, and is as follows : 

An overture has been referred to your Committee from Mr. David H. 
Miller, of Chicago, 111., propounding several questions which he desires 
this Assembly to answer, as explanatory of Chapter x. Sec. viii, of our 
Form of Government. The practice of the Assembly with respect to 
the reception and consideration of papers, originating with private indi- 
viduals, as distinguished from Presbyteries and Synods, is by no means 
imiform. For the most part, however, the Assembly has distinguished 
in this matter between overtures or papers bearing upon general topics on 
the one hand, and memorials or papers relating to personal interests on 
the other. In the judgment of your Committee, this distinction deserves 
to be emphasized. The right of petition is inviolable in the Church as 
in the State; and whenever private interests are involved, a memorial 
sent to this body ought to be received, and the determination of the 
Assembly considered. When, however, papers of a general character, 
which may properly be called overtures, are presented, in order to be 
entertained by the Assembly, they should come through the medium of 
the Presbytery or the Synod. 

The paper of Mr. Mitchell, which has been referred to your Commit- 
tee, is presented in this, and belongs to the latter class. Your Com- 
mittee, therefore, recommends that with reference to it no action be taken. 
Adopted.— 1887, p. 118. 

9. Memorials, overtures, etc., have been received from— 

a. The Broadway Presbyterian Church, Rock Island (answered). — 

1878, p. 71. 

b. From the Session of the First Church, Dayton, O. (^answered). — 
1882, pp. 98, 99. [See below, Form of Government, Chap. xiii. S 
iv.] 

C. From the Presbvteriau Annuitv and Life Insurance Co. — 1876, p. 
44 and pp. 72, 73; 1881, p. 550. 

d. Overture. — A request from the Woman's Presbyterial Missionary 
Society of the Presbytery of Alton, that the Assembly define the boun- 
dary lines between the Woman's Board of the Northwest and the 
Woman's Board of the Southwest, with the view of preventing confusion 
and embarrassment in the operations of said societies. 

The Committee recommend that no action be taken. Adopted, l v "v 
p. 69. 

[Note. — All memorials, overtures, petitions, etc.. are referred to the Committee of 
Bills and Overtures, which reports to the Assembly and recommends what disposition 
shall be made of them.] 

IV. POWER OF VISITATION. 

1. The power of visitation exercised by the Assembly. 

a. In the examination of the appeal of Mr. Chavis it has appeared 
that great irregularities of administration and discipline exist in the 
Presbytery of Atlantic and in some of its churches, which require inves- 
tigation and correction ; and, to that end, your Committee beg leave to 
recommend the following: 

Resolved, That the Rev. E. E. Swift. D.D., the Rev. James Allison, 
D.D., the Rev. R. H. Allen, D.D., James B. Lyon, Esq.. and John 



OF THE GENERAL ASSEMBLY. 293 

C. McComb, Esq., officers and members of the Board of Missions for 
Freedmen, be and they are hereby appointed a Committee, and are 
instructed to visit the Presbytery of Atlantic and the churches thereof, 
to inquire into their condition, and any irregularities of practice or disci- 
pline which may exist therein ; and to aid with their advice in correct- 
ing the same, and, so far as possible, to strengthen and encourage the 
churches, pastors and missionaries in the bounds of said Presbytery ; and 
that the Committee make report of their doings to the next General 
Assembly. 

Resolved, That the necessary expenses of the Committee be audited by 
said Board, and be paid out of the treasury thereof. Adopted. — 1884, 
p. 108. 

[Note.— See Book of Discipline, Sees, lxxv, lxxvi.] 

Report of the Committee. 

b. The Special Committee appointed by the last Assembly to visit the 
Synod of Atlantic {Minutes, 1884, p. 108) presented its report, which 
was accepted, approved, and the Committee discharged. The report is 
as follows: 

A judicial case, involving the moral character of one of the members 
of the Presbytery, was brought, by complaint, to the attention of the last 
Assembly. It was, perhaps, the knowledge of this case that created the 
impression in that Assembly that licentiousness was too often tolerated or 
too leniently dealt with, and occasioned the appointment of your Com- 
mittee. 

With the settlement of that judicial case your Committee could have 
nothing to do. The last Assembly had directed the Synod of Atlantic 
to take proper action in the premises. The business of the Committee 
was confined to inquiries with regard to the state of morals among the 
colored people within the limits of the Presbytery of Atlantic, and the 
faithfulness of Sessions in the maintenance of discipline. — 1885, p. 584. 

[Note. — For the report of the Committee of the result of their inquiries and 
.action, see Moore's Digest, 1886, pp. 527, 528.] 

2. Committee to Visit Lane Seminary. 

[Note. — See under Lane Seminary, Chap, xii. Sec. v, below.] 

V. PASTORAL LETTERS AND DELIVERANCES ON TOPICS OF 
VITAL INTEREST. 

[Note. — Under its general powers, as defined in Sec. v, the Assembly from time to 
time, as the exigencies of the times demanded, issued pastoral letters and deliverances 
on topics of vital interest. Those designated in this paragraph are omitted in this 
Digest, for the reason that the most of them were called forth by events and situations 
which are now largely historical, and for the further reason that they may be found 
in the several Digests named.] 

1. On Missions. 

[Note.— See Digest, 1886, pp. 280, 281 ; Minutes, 1719, p. 58.] 

2. On occasion of the old French War. 

[Note.— See Digest, 1886, pp. 281, 2S2 ; Minutes, 1756, p. 276.] . 

3. On the repeal of the Stamp Act. 

[Note.— See Digest, 1886, pp. 282-284; Minutes, 1766, p. 362.] 



294 FORM OF GOVERNMENT, CHAP. XII. 

4. Upon occasion of the Revolutionary War. 

[Note.— See Digest, 1886, pp. 284-287 ; Minutes, 1775, pp. 466-469.] 

5. Address to Washington on his election to the Presidency and reply. 

[Note— See Digest, 1886, pp. 287-289; Minutes, 1789, p. 11.] 

6. On the results of the French Revolution. 

[Note.— See Digest, 1886, pp. 289-291 ; Minutes, 1798, p. 152.] 

7. On disturbances in Kentucky and the Southwest. 

[Note.— See Digest, 1886, pp. 291-294 ; Minutes, 1804, pp. 314-317.] 

8. On the Sabbath. 

[Note.— See Digest, 1886, pp. 294-296 ; Minutes, 1814, pp. 569, 570.] 

9. On Christian activity. 

[Note.— See Digest, 1886, pp. 296-300; Minutes, 1817, pp. 661-664.] 

10. On prevalent vices and immoralities. 

[Note.— See Digest, 1886, pp. 300-302; Minutes, 1818, pp. 689, 690.] 

11. On revivals and their abuses. 

[Note.— See Digest, 1886, pp. 302-306 ; Minutes, 1832, pp. 377-380.] 

12. On the maintenance of doctrinal purity. 

[Note— See Digest, 1886, pp. 306-313 , Minutes, 1839, pp. 183-187, 0. S.] 

13. On revivals of religion. 

[Note.— See Digest, 1886, pp. 313-320 ; Minutes, 1849, pp. 424-429, 0. S.] 

14. On repairing the wastes of the war. 

[Note— See Digest, 1886, pp. 320-322 ; Minutes, 1865, pp. 600-602, 0. S.] 

15. On the observance of the Sabbath. 

[Note.— See Digest, 1886, pp. 322-325 ; Minutes, 1867, pp. 385-387, 0. S.] 

16. On the Civil War. 

[Note.— See Minutes, 1866, pp. 82-90, 0. S.] 

[Note. — For the pastoral and circular letters of the Assembly of 1837, see Baird's 
Digest, 1858, pp. 760-763 ; Minutes, 1837, pp. 499-502. For the pastoral of 1838, 0. S., 
see Baird's Digest, pp. 780-784; Minutes, pp. 48-51, 0. S. For the pastoral of 1838, 
N. S., see Moore's new Digest, 1861, pp. 522-526 ; Minutes, 1838, pp. 663-667, N. S.J 

17. Report on the perils which beset the system of popular education. 

The Committee on the Perils which Beset the System of Popular 
Education preseuted their report, which, having been read and consid- 
ered, was adopted, and is as follows : 

The Committee appointed to consider the perils which beset the system 
of popular education in this country, and to prepare a minute expressive 
of the sentiment of the General Assembly on this momentous question, 
beg leave to report: 

The public school in the United States is a most precious heirloom of 
American liberty. Planted in the early colonial days, it has grown and 
expanded into one of the most beneficent and fruitful institutions of the 
country. Its history is interwoven with that of the nation. No other 
agency, if we except the Church of God, has had so large a share in 
laying the foundations of popular intelligence, virtue and freedom in the 
United States. In hardly any other institution is the characteristic 



OF THE GENERAL ASSEMBLY. 295 

American idea so happily and fully realized. It cannot be endangered, 
therefore, without peril to the vital interests of American society. 

In this view the recent assaults upon it are fitted to arrest the attention 
of every Christian patriot and philanthropist. These assaults resemble 
skirmishes which precede and are intended to draw on a great battle. 
But the motives and ultimate aim of those who have made them are very 
different ; they have joined hands merely to gain a temporary advantage. 
One party hold that the public school should be purged of every vestige 
of religion, that inasmuch as all the people are taxed for its support there 
should be recognized in it no form of Christian instruction or influence to 
which any of the tax-payers profess conscientious objections. This is the 
position maintained by the advocates of a total divorce of popular educa- 
tion from the Christian life and morals of the nation. The other party 
regard such a theory of popular education as false and unchristian ; they 
hold that there should be careful instruction in religious truth and duty 
under the direction of the Church; and inasmuch as this is not possible 
in the common school, they advocate for themselves the sectarian school, 
and demand their share of the public school fund to enable them to 
sustain it. 

The importance of the question thus raised cannot be easily overesti- 
mated. The question of popular education, indeed, both at home and 
abroad, is one of the great problems of the age. Its decision among 
ourselves involves consequences of vast moment to the American people. 
Shall the old system be revolutionized, and every form of Christian 
instruction or influence in the public school be prohibited ? Or shall the 
institution itself be given up, and sectarian schools take its place ? 

We should regard the successful attempt to expel all religious instruc- 
tion and influence from our public schools as an evil of the first magni- 
tude. Nor do we see how, according to the principles upon which it is 
advocated, this can be done, without inflicting a deadly wound upon the 
intellectual and moral life of the nation. It is contended that the rights 
of the individual conscience, as also the just limits of political power 
under our constitution of government, are violated by the existing sys- 
tem. But scarcely more, we reply, than they are violated by the very 
genius and organization of American society; no more than they are 
violated by all public acknowledgment of God and His providential gov- 
ernment, by oaths of office, by the recognition of the Lord's day, by 
chaplaincies in the army and navy, or by laws against polygamy, blas- 
phemy, perjury and other forms of open immorality and crime ; no more, 
in a word, than they are violated by the fundamental ideas and order of 
our Christian civilization. We look upon the State as an ordinance of 
God, and not a mere creature of the popular will, and under its high 
responsibility to the Supreme Ruler of the world, we hold it to be both 
its right and bounden duty to educate its children in those elementary 
principles of knowledge and virtue which are essential to its own security 
and well-being. The union of Church and State is indeed against our 
American theory and constitutions of government, but the most intimate 
union of the State with the saving and conservative forces of Christi- 
anity is one of the oldest customs of the country, and has always ranked 
as a vital article of our political faith. What impressive illustrations of 
this occur along the whole line of our history, and especially during our 
late national struggle ! We cannot, therefore, help regarding the notion 
of an absolute secularization of the public school, so that no Christian 



296 FORM OF GOVERNMENT, CHAP. XII. 

element shall remain in it, as un-American, wrong and impracticable. 
We do not see how it can be done without a complete revision of the 
literature and very dictionary of the language, without reducing the 
education of the future citizens of the republic to the most meagre and 
pitiable skeleton of knowledge, without training up the children of the 
people in ignorance of some of the most interesting and glorious incidents 
and characters of their own history. Nor do we see how it can be done 
without sooner or later stamping downright atheism, not only upon the 
public school, but upon every other institution of the State, and upon the 
whole action of government itself. The American people, we cannot 
doubt, are utterly opposed to so baleful a dogma. It is contrary to their 
history, to their practice from the beginning and to their deepest convic- 
tions. 

But while they can never constent, as we believe, to expel all recogni- 
tion of God and His truth from the public school, neither can they 
consent, on the other hand, to let a portion of the public schools pass 
under the control of any particular denomination, and thus become the 
instruments of sectarian instruction and influence. It is a matter of the 
utmost importance that the children of the people should be educated 
together, under the same roof, in the same atmosphere of American 
thought and feeling, and in those common elements of knowledge, virtue, 
fraternal symphy, humanity and patriotism which go to form a good 
and loyal citizen of our great republic. 

We sincerely trust, therefore, that our Roman Catholic fellow-citizens, 
who agree with us on the importance of the moral and religious element 
in popular education, will continue to cooperate with us in sustaining 
our American common -school system, and in infusing into it as far as 
possible those universal and benign principles — such as love to God and 
love to our neighbor — which lie at the foundation of human duty and 
are essential to the right training of the youthful mind. On this patri- 
otic and catholic platform we should hope that a very large majority of 
those even who dissent entirely from our theological views, and belong, 
indeed, to no branch of the Christian Church, would be willing to stand 
with us. We cannot think that there are many of our countrymen 
who would seriously object to having their children trained up in the 
public school under the influence of these ancestral and truly democratic 
principles. The number of such in the past has been exceedingly small, 
and we cherish the confident hope that it will be so in the future. We 
believe that the roots of our human and Christian nationality lie deep in 
the heart of the American people. 

In accordance with the foregoing views, your Committee submit the 
following resolutions: 

Resolved, 1. That the General Assembly regard the free public school 
as an essential part of our republican system as conducive in the highest 
degree to the moral unity, common spirit and kindly sympathies of Ameri- 
can citizenship, and as closely connected with all the best interests of 
Christian society in the United States. 

Resolved, 2. That in the judgment of the General Assembly the divorce 
of popular education from all religious elements, while involving a radical 
departure from the spirit and principles in which our public school had 
its origin, would be eminently unwise, unjust and a moral calamity to the 
nation. 

Resolved, 3. That the General Assembly are also entirely opposed to 



OF THE GENERAL ASSEMBLY. 297 

the appropriation of any portion of the public school funds for the support 
of sectarian institutions, and would regard the establishment of such a 
policy as fraught with the greatest mischief not only to the cause of 
popular education, but hardly less to the interests of American freedom, 
unity and progress. 

Resolved, 4. That whereas the Bible is not only the Magna Charta of 
the spiritual rights and liberties of mankind, but is also preeminently our 
national book, the best model of our mother tongue and the fountain of 
our highest thought and of our ruling ideas, both in private and public 
life, the General Assembly would regard its expulsion from the schools of 
the people as a deplorable and suicidal act, nor can they perceive that 
any real advantage could thereby be gained to the cause of popular 
education. 

Resolved, 5. That the General Assembly, conscious of being actuated 
in this matter by no other motive -than the greatest good of the whole 
country, hereby profess their readiness to cooperate with all Christian 
people, of whatever name, and with all good citizens, in so modifying 
and perfecting our noble public school system as to obviate, as far as 
practicable, the conscientious scruples and difficulties of any of its friends, 
and thus to render it a fountain of still greater light and benediction to 
us and our children after us to the latest generation. — 1870, pp. 49-52. 

18. Testimony against the support of Roman Catholic and other denomi- 
national institutions by public funds. 

The following minute was adopted; 

Whereas, Legislatures of different States of this Union have been in 
the habit, at the instance of members of the Roman Catholic Church, of 
appropriating public money, collected by taxation from citizens, members 
of other Churches, to various institutions in connection with said Church, 
all of which are as really devoted to the propagation and advancement 
of that religion as their schools and colleges and churches can be ; and 

Whereas, Such appropriations so made are, more or less, the State com- 
pelling members of other denominations against their will and against 
their consciences to support and build up that Church and its institutions, 
in violation of the fundamental principles and the constitutional rights 
which the people of this nation have always held most sacred; and 

Whereas, Such appropriations are really a union of Church and State, 
in which the people and members of all Protestant Churches are compelled 
by such action to support a religion against which they protest, the same 
is not only unfair, unjust, but oppressive to the consciences of the whole 
Protestant community, and a trampling upon their rights and liberty; 
therefore 

Resolved, 1. That this Assembly unites with the other Protestant 
denominations, and all citizens feeling themselves thus aggrieved by this 
action, and protest against it as an act of civil and religious oppression. 

Resolved, 2. That we call the attention of all our ministers, church 
officers and members, and all friends of civil and religious liberty 
throughout the whole nation, to lift up their voices and use their influence 
in preserving to all our people and to generations to come those glorious 
privileges and principles which our fathers secured to us at such great 
cost. 

Resolved, 3. That no principle has been better established in regard to 
this nation than the entire separation of the Church and the State, and 



298 FORM OF GOVERNMENT, CHAP. XII. 

that the State has no more right to compel by taxation one of its citizens 
to contribute money to the building up and advancing of the Roman 
Catholic or any other denomination than it has to compel us to unite with 
their Church; and that moneys or grants should not be appropriated to 
any denominational institution, or any institution of any kind which is 
not connected with and under the control of the State. 

Resolved, 4. That at this time it behooves all our people to be watchful 
on this subject, when the declared policy and principle of the Roman 
Catholic Church is, that a separation of Church and State is under its curse, 
and it is laboring to secure a union to advance its power. — 1878, p. oo. 

19. Protest against appropriation of public funds for ecclesiastical uses. 

a. The Committee has received a copy of a bill now pending in Con- 
gress, which involves large appropriations of public funds for religious 
institutions. They recommend that this Assembly hereby heartily reaffirms 
the action of the Assembly of 1892 (Minutes, p. 46) and of the Assem- 
bly of 1893 (Minutes, p. 115). 

They furthermore recommend, that believing the gift of public moneys 
for the support of religious institutions is not only fatally prejudicial to 
the national welfare, but is also in conflict with the First Amendment to 
our National Constitution, and in view of the enormous and portentous 
grants of financial aid which are persistently bestowed by the Govern- 
ment upon the Romish Church, this Assembly does hereby protest most 
earnestly against any donation of National, State or municipal funds for 
ecclesiastical uses, by whomsoever sought, or upon whatsoever pretext. — 
1894, p. 166. 

b. Overture from the Presbyterian Mission in India asking for an in- 
terpretation of the above deliverance, and putting the following questions: 

"1. Is this declaration intended to discourage the acceptance of such 
funds for like objects on the foreign mission fields of our Church as well 
as in the United States of America ? 

' ' 2. Does it discourage the acceptance of land or of buildings to be 
used in mission work ?" 

Your Committee recommend the following answer: 

The deliverance of the General Assembly of 1894 to which reference 
is made was designed to apply to conditions existing in the United States 
of America, and was in no wise intended to discourage the acceptance of 
gifts of any kind to mission work in foreign lands. Adopted. — 1896, 
pp. 118, 119. 

VI. POWER OF THE ASSEMBLY OVER ITS MEMBERS. 

1. To exclude from the rights of membership pending process. 

a. That as citation on the foregoing plan is the commencement of a 
process involving the right of membership in the Assembly, therefore 

Resolved, That agreeably to a principle laid down, Chap, v, Sec. ix, of 
the Book of Discipline (old), the members of said judicatories be excluded 
from a seat in the next Assembly until their case shall be decided. 
Adopted by yeas 128, nays 122.— 1837, p. 425. 

b. The Assembly of 1866, O. S., excluded the commissioners from 
Louisville Presbytery from a seat until the Assembly should decide upon 
the conduct of their Presbytery.— 1866, p. 12, O. S. 

[Note. — See also Book of Discipline, Chap, vi, Sec. xxxix.] 



OF THE GENERAL ASSEMBLY. 299 

2. To expel a commissioner from membership. 

Mr. Galloway rose to a question of privilege, and read an article from 
the Ohio Statesman, reflecting severely upon his character and that of the 
Genera] Assembly, which article he attributed to the Kev. W. M. Fer- 
guson, a member of this house. 

Dr. Krebs offered the following : 

Resolved, That unless the Rev. William M. Ferguson forthwith retract 
the offensive publication, and make an ample apology to the satisfaction 
of this house, he be immediately expelled. 

The Moderator having waited a suitable length of time for an explan- 
ation or retraction, and Mr. Ferguson having declined to speak, the 
Moderator took the vote, and the resolution was adopted, when the Mod- 
erator declared Mr. Ferguson to be expelled from the Assembly. 

Mr. Ferguson having declared that he had not understood that an ex- 
planation at that time was demanded, the vote was, on motion of Dr. 
Krebs, reconsidered, in order to renew to Mr. Ferguson the opportunity 
he had failed to use before the resolution to expel him was adopted. Mr. 
Ferguson then rose and explained, after which Mr. McKnight offered 
the following as an amendment to the motion of Dr. Krebs : 

Resolved, That the Rev. William M. Ferguson, a commissioner to this 
General Assembly, because of a gross, abusive and scandalous libel, pub- 
lished in the Ohio Statesman, on members of this body, which he has now 
qualified in the presence of this Assembly, is entitled to and does hereby 
receive the grave censure of this Assembly. 

Various resolutions to substitute, to amend and to commit were pro- 
posed, which were all laid upon the table in order that by general consent 
Dr. Krebs might offer the following resolution, viz. : 

Resolved, That whereas the Rev. W. M. Ferguson, a commissioner to 
this General Assembly from the Presbytery of Zanesville, is, by his own 
acknowledgment, guilty of writing and publishing in the Ohio Statesman 
a gross, abusive, scandalous and slanderous libel against the members of 
this Assembly, and against this Assembly itself, and although he has 
qualified it in the presence of this Assembly this morning, his explanation 
is not deemed satisfactory ; therefore, 

Resolved, That the Rev. William M. Ferguson be forthwith expelled 
as a member of this house. 

On these resolutions the previous question was called for, and the call 
was sustained. The main question was then put, and the resolutions 
were adopted, when the Moderator again announced that the Rev. W. M. 
Ferguson, a commissioner from the Presbytery of Zanesville, had been 
expelled from membership in this General Assembly. — 1866, p. 58, O. S. 

VII. OF ERECTING NEW SYNODS, CHANGING THEIR BOUNDARIES, DIS- 
SOLVING THEM, TRANSFERRING PRESBYTERIES AND CHURCHES. 
[Note. — See under Form of Government, Chap, xi, supra; Moore's Digest, 1886; 
Minutes, passim, especially 1870, pp. 86-88 ; Digest, pp. 182-187, when the Assembly- 
exercised its power to consolidate, adjust and define the boundaries of the Synods ; 
and again, in 1881, Minutes, pp. 562-565, Digest, pp. 503-506, when the Assembly con- 
solidated the existing Synods, bounding them as far as possible by State lines. 

For changes in the boundaries of Synods see also Chap, xi, Form of Govern- 
ment, Digest, 1886, pp. 187, 188, and the acts constituting new Synods since the con- 
solidation of 1881.] 

1. To dissolve a Synod and transfer its Presbyteries. 

a. [The Synod of Chesapeake was formed on petition. — 1833, p. 395.] 
Resolved, 1. That the Synod of the Chesapeake be and the same is 
hereby dissolved. 



300 FORM OF GOVERNMENT, CHAP. XII. 

2. That the Presbytery of East Hanover be and the same is hereby 
restored to the Synod of Virginia. 

3. That the Presbyteries of Baltimore and of the District of Columbia 
be and the same are hereby restored to the Synod of Philadelphia. — 
1834, p. 451. 

C. The Synod of Delaware [Erected. — 1834, p. 451.] dissolved. 

Resolved, That at and after the meeting of the Synod of Philadelphia 
in October next the Synod of Delaware shall be dissolved, and the Pres- 
byteries constituting the same shall be then and thereafter annexed to the 
Synod of Philadelphia, and that the Synod of Philadelphia thus consti- 
tuted by the union aforesaid shall take such order concerning the organiza- 
tion of its several Presbyteries as may be deemed expedient and constitu- 
tional, and that said Synod, if it shall deem it desirable, make application 
to the next General Assembly for such a division of the Synod as may 
best suit the convenience of all its Presbyteries and promote the glory of 
God.— 1835, p. 486. 

[Note. — For Synods erected since 1882, see under Chap, xi, Sec. i ; also changes of 
boundaries, 1883, p. 630 ; 1884, p. 74 ; 1885, p. 605 ; 1889, p. 102 ; 1890, p. 37 ; 1893, 
p. 131; 1895, p. 79.] 

VIII. OF ERECTING AND DISSOLVING PRESBYTERIES. 

1. Cases before 1870. 

a. See the act of the General Synod {Minutes, 1786, p. 522). It 
assumed jurisdiction over the whole matter of dividing, erecting, etc. 
The Presbytery of Carlisle was divided, and the Presbytery of Hunting- 
don formed on " an overture through the Synod of Philadelphia." — 
1794, p. 89. 

b. On petition of the Presbytery of Albany, that Presbytery was 
divided, and the Presbyteries of Columbia, Oneida and Albany formed. 
At the same time the following was adopted, viz. : 

Whereas, The Assembly have this day determined, upon an application 
from the Presbytery of Albany, that the said Presbytery may be divided 
into three, and in the investigation of this subject circumstances were 
stated to exist which led the Assembly to judge such division proper, and 
perhaps necessary, at this time; and 

Whereas, Doubts arose whether it was proper for the Assembly to inter- 
fere for the purpose of making such division, the proposal not having 
been first laid before the Synod, as it would establish a precedent which 
might tend to confusion and in the end to schism; the Assembly think 
it expedient to declare that their decision in this case has been particu- 
larly influenced by the pressure of circumstances, and is not to be con- 
sidered as forming a precedent for future conduct. — 1802, p. 252. 

C. On petition of the Presbytery of Oneida it was divided, and the 
Presbytery of Geneva formed. — 1805, p. 324. On application of 
certain ministers and churches in the Territory of Michigan, the Pres- 
bytery of Detroit was formed. — 1827, p. 206. Chenango. — 1826, p. 
176. 

d. Philadelphia Second (Assembly's). The Synod of Philadelphia, 
having merged the two Presbyteries of Philadelphia, and divided them 
by a line, an appeal was taken. 

Resolved, 1. That the appeal and complaint of the Second Presbytery 
of Philadelphia against the Synod of Philadelphia, be and the same are 
hereby sustained, and the act of said Synod, so far as it was intended to 



OF THE GENERAL ASSEMBLY. 301 

unite the said Second Presbytery with the Presbytery of Philadelphia, is 
hereby declared void. 

2. That this resolution shall not be so construed as to affect the integ- 
rity of the Presbytery which was constituted under the order of the Synod 
of Philadelphia by the name of the Second Presbytery of Philadelphia 
in November last, but the same is hereby recognized as a constituent part 
of the Synod of Philadelphia. The Assembly, however, recommend to 
the Synod to change the name of said Presbytery. — 1834, p. 432. 

[Against the action of the Assembly a protest was entered, viz. :] 

We believe the power exercised by the General Assembly of 1832, and 
now reexercised by this Assembly, to form a Presbytery within the 
bounds of the Synod and against her decision, is without foundation in 
our Form of Church Government. 

In the constitutional distribution of powers and checks and designa- 
tion of rights and duties among the several judicatories of the Church, the 
power to ' ' erect new Presbyteries, and unite or divide those which were 
before erected " (Form of Government, Chap, xi, Sec. iv), is distinctly 
and exclusively secured to Synods. And the practice of the General 
Assembly, from the establishment of this body till the present, has been, 
we believe, in accordance with these views. The principle assumed by the 
majority in this body and recognized by the Assembly in the above 
decision, and on which the appellants rest their plea, that the duty " of 
superintending the concerns of the whole Church" (Form of Govern- 
ment, Chap, xii, Sec. v) invests the Assembly with all powers necessary 
to accomplish that object, at her own discretion, tends to abolish the con- 
stitutional rights of Synods, Presbyteries and church Sessions, to con- 
found and contravene those original and essential principles of ecclesiastical 
government and order which constitute and characterize the Presbyterian 
Church.— 1834, p. 446. 

[To this the Assembly replies:] 

1. That the Form of Government vests in the General Assembly the 
power of " deciding in all controversies respecting doctrine and disci- 
pline, ' ' and to ' ' issue all appeals and references brought before them 
from the inferior judicatories" (see Form of Government, Chap, xii, 
Sec. v). Now, as the question as to the erection and existence of the 
Second Presbytery of Philadelphia came regularly before the Assemblies 
of 1832 and 1834, by appeal and complaint from the lower judicatories, 
the said Assemblies not only had a right to ' ' decide ' ' finally, but were 
imperiously called upon to ' ' issue ' ' the case. 

2. The minutes of the General Assembly for 1794, 1802, 1805 and 
1826 show that the Assembly has in extraordinary cases claimed and 
exercised the right of organizing new Presbyteries, and such Presbyteries 
have always been regarded as regularly and constitutionally organized. 

3. The Form of Government vests the right of deciding questions of 
constitutional law, not in the Synods, but in the General Assembly; conse- 
quently, if it be proved, which is not the fact, that the General Assembly 
has exceeded their powers in organizing the Second Presbytery of Phila- 
delphia, it would by no means follow that the Synod of Philadelphia had 
authority to rejudge and disannul the solemn acts of the highest judicatory 
of the Church. In this view of the subject, the General Assembly were 
bound to sustain the appeal and complaint of the Second Presbytery, 
from respect to the grave decision of former Assemblies, as well as from 
regard to the rights of the complainants. — 1834, p. 451, 



302 FORM OF GOVERNMENT, CHAP. XII. 

e. The Third Presbytery of Philadelphia.— 1836, p. 278. 

f. The Presbytery of Luzerne was formed by the Assembly. — 1843, 
p. 195, O. S. 

g. The Presbytery of Wisconsin. — 1846, p. 194, O. S. In this case 
the Assembly directed " that upon their organization the ministers afore- 
said be ipso facto detached from the Presbyteries to which now they 
respectively belong." 

h. The Presbytery of Ningpo. Resolved, That the Rev. Messrs. M. 
S. Culbertson, of the Presbytery of Carlisle; A. W. Loomis, of the 
Presbytery of Albany; R. Q. Way, of the Presbytery of Charleston, 
and J. W. Quarterman, of the Presbytery of Georgia, be and they here- 
by are detached from their respective Presbyteries and constituted a 
Presbytery, to be called the Presbytery of Ningpo. — 1848, p. 20, O. S. 

That the Rev. A. P. Happer and William Speer, of the Presbytery 
of Ohio, and the Rev. John B. French, of the Presbytery of Baltimore, 
be and they hereby are detached from their respective Presbyteries and 
constituted a Presbytery to be called by such name as those brethren may 
choose. 

The Presbytery of Amoy. And that the Rev. John Lloyd, of the 
Presbytery of Huntingdon, and Hugh S. Brown, of the Presbytery of 
Logansport, so soon as a third minister of our Church shall be associated 
with them, be authorized to form themselves into a Presbytery, to be called 
the Presbytery of Amoy, and shall ipso facto be detached from the 
respective Presbyteries with which until then they shall be connected. — 
1848, p. 20, O. S. 

Resolved, That the foregoing new Presbyteries shall meet for the pur- 
pose of being organized at such times and places as the members thereof 
shall respectively agree on, and that the eldest minister of each who may 
be present shall preside until a Moderator be chosen. 

Resolved, That the aforesaid Presbyteries be rated for the present as 
component parts of the Synod of New York, but that as soon as the 
Presbytery of Amoy shall be organized, the three Presbyteries in China 
shall be authorized to form themselves into a Synod, to be called the 
Synod of China; that they meet for the purpose of being organized at 
such time and place as they shall mutually agree upon, and that the eldest 
minister who may be present shall preside until a Moderator be chosen. 

i. Presbytery of Western Africa. Resolved, That the Rev. James M. 
Connelly, of the Presbytery of West Tennessee ; James M. Priest, of the 
Presbytery of New York, and the Rev. H. W. Ellis, of the Presbytery 
of Tuscaloosa, be and they hereby are detached from their respective 
Presbyteries and constituted a Presbytery, to be called the Presbytery of 
Western Africa; that they shall meet for the purpose of being organized 
at such time and place as they shall mutually agree upon, and that the 
eldest minister present shall preside until a Moderator be chosen. And 
further, that the Presbytery of Western Africa shall be attached for the 
present to the Synod of Alabama. — 1848, pp. 20, 21, O. S. 

j. Presbytery of the Creek Nation. Resolved, That the Rev. R. M. 
Loughridge, of the Presbytery of Tuscaloosa; H. Ballentme, of the 
Presbytery of New Brunswick, and D. W. Eakins, of the Presbytery of 
Philadelphia, be and they hereby are detached from their respective 
Presbyteries and constituted a Presbytery, to be called the Presbytery .of 
the Creek Nation; that they shall meet for the purpose of being organized 
at such time and place as they shall mutually agree upon, and that the 



OF THE GENERAL ASSEMBLY. 303 

eldest minister present shall preside until a Moderator be chosen. And 
further, that the Presbytery of the Creek Nation be attached for the 
present to the Synod of Mississippi.— 1848, pp. 20, 21, O. S. 

k. Presbytery of California.— 1849, p. 264, O. S. Presbytery of 
San Francisco. — 1849, p. 176, N. S. The persons named are hereby 
detached from their respective Presbyteries and constituted a Presbytery. 

Presbytery of Oregon. Resolved, That the Assembly do hereby order 
and constitute a Presbytery in Oregon, consisting of Messrs. Thompson, 
Geary and Robe; and that they be empowered to assemble and constitute 
themselves a Presbytery at such time and place during the ensuing 
summer or autumn as may be found most convenient to them, and report 
to the next General Assembly, and for this purpose these brethren be 
detached from the Presbytery to which they belong, and when formed, the 
said Presbytery be attached to the Synod of New York ; and the Presby- 
tery to be called the Presbytery of Oregon. — 1851, p. 35, O. S. 

1. Presbyteries of Sierra Nevada and San Jose. — 1857, p. 383, N. S., 

and passim. 

[Note. — See also the changes, consolidations and transfers of Presbyteries brought 
about by the consolidation of the Synods in 1870.— Moore's Digest, 1886, pp. 182-187. 
Also, in 1881, Digest, pp. 503-505.] 

2. Presbyteries formed or recognized by the Assembly since the 
reunion of 1870. 

The Presbytery of Yedo, 1870, p. 71; Wyoming, 1871, p. 546; Mon- 
tana, 1872, p. 88; Oregon (reconstructed), 1876, p. 75; Puget Sound, 
1876, p. 75; South Oregon, 1876, p. 75; Denver, 1880, p. 55; Alaska, 
1883, p. 631; Chile, 1884, p. 23; Zacatecas, 1884, p. 78; Pembina, 
1885, p. 605; Northern Pacific, 1885, p. 605; Bismarck, 1885, p. 605; 
Southern Virginia, 1888, p. 114; Butte, 1893, p. 131; Helena, 1893, 
p. 131; Great Falls, 1893, p. 131; Oklahoma, 1894, p. 177; Sequoyah, 
1894, p. 177; Cimarron, 1894, p. 177; Chinan, 1896, p. 146. 

3. Presbyteries dissolved. 
Japan, 1880, p. 82; New Orleans, 1880, p. 83. Not having for 
several years the constitutional number of ministers. 

IX. TO TRANSFER CHURCHES FROM ONE PRESBYTERY AND SYNOD 

TO ANOTHER. 

a. A petition from the congregation of Solesbury, under the care of 
the Presbytery of Philadelphia, referred to the Assembly by said Presby- 
tery, was overtured and read. This petition requested that the congre- 
gation of Solesbury be separated from the Presbytery of Philadelphia 
and attached to the Presbytery of New Brunswick. This request having 
previously been before the Synod of Philadelphia, and having been 
referred to the Presbytery by the Synod, and the Presbytery having 
given their consent, it was resolved that the request be granted, and it 
hereby is granted, and the congregation of Solesbury is detached from 
the Presbytery of Philadelphia, and connected with the Presbytery of 
New Brunswick. — 1824, p. 105. 

[Note.— See also 1827, pp. 201, 202, 205 ; 1829, p. 260 ; 1831, p. 354 ; 1868, p. 633, 
0. S., et passim. See also under Chap, xi, Sec. i, 4, for changes since the Reunion. — 
1871, pp. 540, 541, 545, 546 ; 1872, pp. 86, 88 ; 1873, p. 525 ; 1888, p. 71 ; 1889, p. 77 ; 1891, 
p. 186.] 

b. Overture from the Presbytery of Erie, and from the Session of the 
•churches of Bradford and Kendall Creek, requesting that the said 



304 FORM OF GOVERNMENT, CHAP. XII. 

churches of Bradford and Kendall Creek, with their pastors, be trans- 
ferred from the Presbytery of Buffalo to the Presbytery of Erie — the 
Synod of New York and the Presbytery of Buffalo concurring 

We recommend that the request be granted, and the proposed transfer 
of the churches and ministers therein named be and is hereby directed. 
Adopted.— 1887, p. 81. 

C. The churches of Oakes and Hudson, from the Presbytery of Aber- 
deen, to the Presbytery of Fargo, Synod of North Dakota. — 1888, p. 71. 

d. Certain territory transferred from the Presbytery of Catawba and 
Synod of Catawba, to the Presbytery of Holston, Synod of Tennessee. 
—1889, p. 77. 

e. Overture, a petition of churches in Douglas county, Wisconsin, 
asking to be transferred from the Presbytery of Duluth, Synod of Min- 
nesota, and reinstated in the Presbytery of Chippewa, Synod of Wiscon- 
sin. The Committee recommends that the request be granted. Adopted. 
—1891, p. 186. 

f. Overture with reference to change of boundary line between Synods 
of Utah and Colorado ; also overtures with reference to the same subject. 
The Committee recommends that, all the petitioners agreeing, these 
overtures be answered in the affirmative. Adopted. — 1891,, p. 187. 

g. Overtures from Presbyteries of Lake Superior and the Synod of 
Michigan, with reference to the transfer of the Presbytery of Lake 
Superior to the Synod of Michigan. The Committee recommends that 
these overtures be answered in the affirmative, and the Presbytery of 
Lake Superior be and hereby is transferred to the Synod of Michigan. 
Adopted.— 1891, p. 187. 

h. Overtures from the Presbyteries of Baltimore and Westminster, 
and the Synods of Baltimore and Pennsylvania, requesting a change in 
the boundary line between the Synods of Baltimore and Pennsylvania. 
This is a case where a church in Pennsylvania, connected with the Pres- 
bytery of Westminster, in erecting a new church building, located the 
same in the State of Maryland, within the bounds of the Synod of Bal- 
timore. They desire, however, to retain their ecclesiastical connection 
with the Presbytery of Westminster, and with the Synod of Pennsyl- 
vania. To this, all the parties in interest are agreed, and all unite in 
requesting the General Assembly to authorize the same. Answer : The 
General Assembly, without enacting any change in existing boundary 
lines, directs that the Slate Ridge Church, while occupying its present 
site, shall continue to be connected with the Presbytery of Westminster, 
and with the Synod of Pennsylvania. — 1894, p. 141. 

X. TO TRANSFER MINISTERS FROM ONE PRESBYTERY TO ANOTHER. 

OR TO A NEW ONE. 

a. There being no quorum of Presbytery. — 1858, pp. 268, 280, O. S. 

b. In forming new Presbyteries or Synods, see above. Also the 
Enabling Act of 1870, Chap, xi, Sec. ii.— 1872, p. 94. 

[Note. — See also a, under Division viii, p. 303.] 

XI. TO RECEIVE OTHER ECCLESIASTICAL BODIES. 

a. The Presbytery of Suffolk.— 1749, p. 238. Of Dutchess County. 
—1763, p. 330. See Baird's Revised Edition, p. 562. 

b. The Presbytery of Charleston. 

Resolved, That the prayer of the petition be granted, and that said 
Presbytery, retaining their name and their charter of incorporation, 



OF THE UENEKAL ASSEMBLY. 305 

be and they hereby are taken into connection with the General Assem- 
bly; Provided, however, That the members of said Presbytery shall have 
adopted the Confession of Faith and the Constitution of the Presbyterian 
Church in the United States of America, and shall also effect a compro- 
mise or union with the Presbytery of Harmony, which transaction shall 
be subject to the review and control of the Synod of the Carolinas. — 
1811, p. 475. 

C. The Associate Reformed Synod.-— 1822, pp. 39-42. See Baird, 
pp. 565-569. 

d. Presbytery of Pittsburgh of the Reformed Presbyterian Church. 

The same Committee also reported an application from the Presbytery 
of Pittsburgh, of the Reformed Presbyterian Church, to unite as a Pres- 
bytery with the General Assembly of the Presbyterian Church, and to 
become subject to the jurisdiction of this body, on the simple condition 
of being allowed to remain, as they are still attached to the great prin- 
ciples of the Reformation, without being disturbed in their time-honored 
modes of worship and economical usages generally. 

On the recommendation of the Committee the request was granted. 

The Committee also recommended that the Presbytery of Pittsburgh be 
attached to the Synod of Allegheny, and that Rev. John McMillan be 
enrolled as a member of this General Assembly as a delegate from that 
Presbytery. 

Which was adopted.— 1870, p. 30. 

XII. TO DEFINE THE SUCCESSION OF PRESBYTERIES. 

Overture No. 7, from the Presbytery of Chester, respecting the succes- 
sion to the late Presbytery of New Castle: The Committee report that 
the Synod of Philadelphia, in its reconstruction of Presbyteries, declared 
that the Presbytery of Chester was the legal successor of the late Pres- 
bytery of New Castle, and that the Synod of Baltimore also declared 
that its present Presbytery of New Castle was the legal successor of the 
old organization. It appears, however, that the ministers and churches 
of the old Presbytery are equally divided between the present Presby- 
teries of New Castle and Chester, and so neither is entitled to the succes- 
sion. The Committee think that as the present Presbytery of New 
Castle has the name of the late organization, the town where the first 
organization was made, the chief part of the original territory, early 
history and associations and a valuable charter from the State of Dela- 
ware, under which some property is now held, it should also have the 
succession, and the following resolution is, therefore, recommended: 

Resolved, That the Presbytery of New Castle, in the Synod of Balti- 
more, be and the same is hereby declared to be the legal successor of the 
late Presbytery of New Castle, and as such is entitled to the possession 
and enjoyment of all the rights and franchises, and liable to the perform- 
ance of all the duties of that Presbytery. 

It is also recommended that the candidates and licentiates who were 
under the care of the former Presbytery of New Castle, at the date of 
the Reconstruction Act of 1870, but who resided in the territory embraced 
in the present Presbytery of Chester, be attached to the latter Presbytery. 
—1871, p. 539. 

[Note.— See also under the Reconstruction Act of 1870, Minutes, pp. 91-97 ; Moore's 
Digest, 1886, pp. 182-187 ; and under the act of reorganization, 1881, Minutes, pp. 562- 
565 ; Digest, 1886, pp. 502-505.] 
20 



306 FORM OF GOVERNMENT, CHAP. XII. 

XIII. TO CORRESPOND WITH FOREIGN CHURCHES. 
I. CHURCHES IN GENERAL. 

It belongs to the Assembly "to correspond with foreign Churches" 
(Form of Government, Chap, xii, Sec. v).— 1827, p. 219; 1866, p. 80, 
O. S. 

1. Bodies with which the Assembly is at present in correspondence. 

1. General Assembly of the Free Church of Scotland. 

2. General Assembly of the Church of Scotland. 

3. General Assembly of the Presbyterian Church in Ireland. 

4. Synod of the United Presbyterian Church of Great Britain and 
Ireland. 

5. General Assembly of the Canada Presbyterian Church. 

6. Synod of the Presbyterian Church in Canada in connection with 
the Church of Scotland. 

7. General Synod of the Reformed Church in America. 

8. General Assembly of the United Presbyterian Church in North 
America. 

9. General Synod of the Evangelical Lutheran Church of the United 
States. 

10. General Synod of the Reformed Church in the U. S. 

11. General Assembly of the Cumberland Presbyterian Church. 

12. General Assembly of the Welsh Presbyterian Church in America. 

13. General Synod of the Reformed Church of France. 

14. National Council of the Congregational Churches in the United 
States of America. 

15. Synod of the Waldensian Church.— 1873, p. 537. 

16. Synod of the Reformed Presbyterian Church. 

17. General Synod of the Reformed Presbyterian Church. 

18. Associate Reformed Synod of the South. 

19. General Assembly of the Presbyterian Church in the U. S. 

20. All the Churches, wherever located, which, in addition to the 
above-named, are in the Alliance of the Reformed Churches throughout 
the world, holding the Presbyterian System. 

[Note. — Delegates are not now sent to Churches which are in the Presbyterian 
Alliance. See this Digest, p. 310. J 

2. Churches in Great Britain and Ireland. 

(i) Report on foreign correspondence. 

The Committee on Foreign Correspondence reported in part as follows: 
The Committee on Foreign Correspondence respectfully recommend to 
the Assembly that the Rev. William Arnot and the Rev. William G. 
Blaikie, D.D., from the General Assembly of the Free Church of Scot- 
land; the Rev. Robert Watts, D.D., and Mr. Thomas Sinclair, from the 
General Assembly of the Presbyterian Church in Ireland; the Rev. John 
Edmond, D.D., and the Rev. John McLeod, D.D., from the Synod of 
the United Presbyterian Church of Great Britain and Ireland, and the 
Rev. David Inglis, and the Rev. Thomas Lowry, from the Synod of the 
Canada Presbyterian Church, be admitted to seats in this Assembly as 
delegates from the several ecclesiastical bodies they represent, and that 
they be heard in the order above named at a session of the Assembly to 
be held for that purpose on Wednesday next, at 7. 30 o' clock P. M. 



OF THE GENERAL ASSEMBLY. 307 

The Committee further recommend the adoption of the following 
resolution : 

Resolved, That this Assembly cordially receives the delegates from the 
Synod of the United Presbyterian Church of Great Britain and Ireland 
— a body not hitherto in correspondence with either branch of our 
reunited Church — and that the Committee on Correspondence be directed 
to nominate delegates who shall present our greetings to that Synod at 
its meeting next year. — 1870, pp. 17, 18. 

[Note.— See next Section, entitled "The Presbyterian Alliance."] 

3. The Presbyterian Alliance. 

The delegates to the General Council of the "Alliance of the Reformed 
Churches throughout the world holding the Presbyterian System," held 
in London in 1875, presented their report, which was approved, and is as 
follows : 

(i) Report of the delegates to the London Conference of 1875. 

The undersigned were appointed by the General Assembly of 1875 
(see Minutes, p. 528) as a delegation to the General Council of Pres- 
byterians which was to meet in London on the 21st of July of that year. 
They were also vested with power to substitute, or add to their member- 
ship, other ministers or laymen from the Presbyterian Church, to take 
part with them in the deliberations of the proposed Conference. Under 
this provision the following brethren, some of whom had been conspicu- 
ous from the beginning in furthering the object contemplated in this 
appointment, were invited to share with the original delegation in repre- 
senting our Church in this General Council: Rev. James McCosh, D.D., 
Rev. Philip SchafF, D.D., Rev. Alexander M. Reid, Ph.D., Rev. 
Albert T. Chester, D.D., Rev. W. Wallace Atterbury, Rev. Elijah R. 
Craven, D.D. , Rev. William H. Hornblower, D.D., John Wana- 
maker, Esq., John S. Kennedy, Esq., Rev. George D. Mathews, Rev. 
Alexander Reed, D.D., Rev. Thomas H. Robinson, D.D., Rev. Robert 
M. Patterson, Rev. Roswell D. Hitchcock, D.D., Rev. John Hall, 
D.D., William E. Dodge, Jr., Hon. Stanley Matthews. 

Five of these brethren, together with two of the original Committee 
— Drs. Crosby and Hatfield — were prevented, by various causes, from 
attending the sessions of the Conference. 

The remaining twelve were present, together with two members of the 
Committee — Rev. Samuel J. Wilson, D.D., LL.D., and Prof. Edward 
D. Morris. 

The Council was held in the city of London on the 21st, 22d and 23d 
of July. Sixty-four delegates, representing twenty-two Presbyterian 
organizations in various parts of the world, were present during the 
sessions. Rev. Dr. McCosh, of our delegation, presided. The deliber- 
ations were characterized by a spirit of brotherly love and by a strong 
desire to establish closer relations between all Presbyterian bodies through- 
out the world. A copy of the minutes, containing a full record of the 
proceedings, is herewith submitted as a part of this report. 

The chief business of the Conference was the preparation of a form of 
constitution which provides for a permanent " Presbyterian Alliance to 
meet in General Council from time to time in order to confer upon 
matters of common interest. " It is for this General Assembly to deter- 
mine whether our branch of the Presbyterian Church shall enter into 



308 FORM OF GOVERNMENT, CHAP. XII. 

such an Alliance, and whether the constitution proposed by the Confer- 
ence (as incorporated in their minutes), shall be approved as a proper 
basis for such a confederation. 

It was resolved that the first meeting of this Alliance should be held 
at Edinburgh, Scotland, on the first Tuesday of July, 1876; and it was 
agreed that the several bodies choosing to enter into the Alliance under 
the proposed constitution may be represented on that occasion in such a 
proportion as would entitle our Church to send forty delegates. These 
delegates, accordingly, are to consist, " as far as practicable," of an 
equal number of ministers and elders. The time of this meeting has 
been changed to July, 1877, yet it is important that this General Assem- 
bly should take action with respect to the delegation to be sent from our 
Church. We would respectfully suggest that such selection be entrusted 
to a Special Committee, consisting of the Moderator and the Stated and 
Permanent Clerks of this Assembly, together with Rev. Howard Crosby, 
D.D., Rev. James McCosh, D.D., and Rev. S. Irenreus Prime, D.D. 
All which is respectfully submitted. 

Howard Crosby, 
Samuel J. Wilson, 
Edwin F. Hatfield, 
Edward D. Morris. 

(2) The constitution of the Alliance. 

Whereas, Churches holding the Reformed faith and organized on 
Presbyterian principles are found, though under a variety of names, in 
different parts of the world ; whereas, many of these were long wont to 
maintain close relations, but are at present united by no visible bond, 
whether of fellowship or of work; and whereas, in the providence of 
God, the time seems to have come when they may all more fully mani- 
fest their essential oneness, have closer communion with each other, and 
promote great causes by joint action : It is agreed to form a Presbyterian 
Alliance to meet in General Council from time to time, in order to 
confer upon matters of common interest, and to further the ends for 
which the Church has been constituted by her divine Lord and only 
King. In forming this Alliance the Presbyterian Churches do not mean 
to change their fraternal relations with other Churches, but will be 
ready, as heretofore, to join with them in Christian fellowship, and in 
advancing the cause of the Redeemer, on the general principle main- 
tained and taught in the Reformed Confessions, that the Church of God 
on earth, though composed of many members, is one body in the com- 
munion of the Holy Ghost, of which body Christ is the Supreme Head, 
and the Scriptures alone are the infallible law. 

Articles. 

I. Designation. — This Alliance shall be known as " The Alliance of 
the Reformed Churches throughout the World holding the Presbyterian 
System. ' ' 

II. Membership. — Any Church organized on Presbyterian principles 
which holds the supreme authority of the Scriptures of the Old and New 
Testaments in matters of faith and morals, and whose creed is in har- 
mony with the consensus of the Reformed Confessions, shall be eligible 
for admission into the Alliance. 



OF THE GENERAL ASSEMBLY. 309 

III. The Council. 

1. Its Meetings. — The Alliance shall meet in General Council ordi- 
narily once in three years. 

2. Its Constituency. — The Council shall consist of delegates, being 
ministers and elders appointed by the Churches forming the Alliance, the 
number from each Church being regulated by a plan sanctioned by the 
Council, regard being had generally to the number of congregations in 
the several Churches. The delegates, as far as practicable, to consist of 
an equal number of ministers and elders. The Council may, on the 
recommendation of -a Committee on Business, invite Presbyterian breth- 
ren not delegates to offer suggestions, to deliver addresses and to read 
papers. 

3. Its Powers. — The Council shall have power to decide upon the 
application of Churches desiring to join the Alliance ; it shall have power 
to entertain and consider topics which may be brought before it by any 
Church represented in the Council, or by any member of the Council, 
on their being transmitted in the manner hereinafter provided; but it 
shall not interfere with the existing creed or constitution of any Church 
in the Alliance, or with its internal order or external relations. 

4. Its Objects. —The Council shall consider questions of general inter- 
est to the Presbyterian community ; it shall seek the welfare of Churches, 
especially such as are weak or persecuted; it shall gather and disseminate 
information concerning the kingdom of Christ throughout the world; it 
shall commend the Presbyterian system as Scriptural and as combining 
simplicity, efficiency, and adaptation to all times and conditions; it shall 
also entertain all subjects directly connected with the work of evangeli- 
zation, such as the relation of the Christian Church to the evangeli- 
zation of the world, the distribution of mission work, the combination of 
Church energies, especially in reference to great cities and destitute 
districts, the training of ministers, the use of the press, colportage, the 
religious instruction of the young, the sanctification of the Sabbath, 
systematic beneficence, the suppression of intemperance and other pre- 
vailing vices, and the best methods of opposing infidelity and Romanism. 

5. Its Methods. — The Council shall seek to guide and stimulate public 
sentiment by papers read, by addresses delivered and published, by the 
circulation of information respecting the allied Churches and their mis- 
sions, by the exposition of Scriptural principles, and by defences of the 
truth ; by communicating the minutes of its proceedings to the supreme 
courts of the Churches forming the Alliance, and by such other action 
as is in accordance with its constitution and objects. 

6. Committee on Business. — The Council, at each general meeting, 
shall appoint a Committee on Business, through which all communica- 
tions and notices of subjects proposed to be discussed shall pass. The 
Committee appointed at one general meeting shall act provisionally, so 
far as is necessary, in preparing for the following meeting. 

[Note —1881, pp. 516, 542. See 1885, pp. 704, 705.] 

IV. Change of Constitution. — No change shall be made in this 
constitution, except on a motion made at one general meeting of Council, 
not objected to by a majority of the Churches, and carried by a two- 
thirds vote at the next general meeting. 

The following resolutions were then offered, and adopted unanimously: 
Resolved, 1. That our branch of the Presbyterian Church, as repre- 
sented in this General Assembly, approves the constitution proposed by 



310 FORM OF GOVERNMENT, CHAP. XII. 

the London Conference, and cordially enters into the Presbyterian Alli- 
ance on this basis. 

2. That the Moderator and the Stated and Permanent Clerks of this 
Assembly, and Rev. Howard Crosby, D.D., Rev. James McCosh, D.D., 
and Rev. S. Irenseus Prime, D. D. , be a Special Committee, to appoint 
delegates from this Church to the first meeting of the Presbyterian Alli- 
ance at Edinburgh, July, 1877.— 1876, pp. 50-53. 

(#) Provision for expenses of Executive Commission. 

In order to act with efficiency in furthering the interests of Presbyterians 
scattered over the world, the Council found it necessary to appoint a 
Standing Commission with a Permanent Secretary. The quota of annual 
expense of this Commission falling to our great branch of this Church 

is , which your Committee recommend to be paid annually out of 

the General Assembly's Contingent Fund on and after May 15, 1886. — 
Adopted. 1885, p. 684. 

The "Executive Commission," is divided into the Eastern and 
Western Sections. The General Secretary is the Rev. George D. Ma- 
thews, D.D., London, England; and the American Secretary, the Rev. 
W. H. Roberts, D.D., LL.D., Philadelphia, Pa. 

Overture No. 200, being the annual report of the " Alliance of the 
Reformed Churches holding the Presbyterian System, ' ' requesting the 
customary annual appropriation for its expenses. The Committee being 
informed that the Assembly is committed to pay this amount each year, 
for their fifty- one delegates at $15 each, have no alternative but to 
recommend that this request for an appropriation of $765 be complied 
with, and that the Treasurer be authorized to pay the same. Adopted. 
—1895, p. 117; 1896, p. 69. 

(4) The Assembly will not appoint delegates to Churches represented in 

the Alliance. 

Whereas, The different branches of the Presbyterian Church through- 
out the world are now associated with each other in the General Presby- 
terian Alliance; and 

Whereas, At the Councils of the Alliance delegates from all these 
Churches are present on a footing of perfect equality, and in the 
enjoyment of the most unreserved fellowship; and 

Whereas, Under such circumstances there seems to be little necessity 
for retaining the custom of appointing delegates to visit the supreme 
courts of other Presbyterian Churches — a custom involving a not incon- 
siderable outlay of time, money and labor; therefore 

Resolved, That the Assembly, with the most cordial esteem for the 
brethren of the other Presbyterian Churches, will in future decline to 
appoint any such delegates, and content themselves with the appointment 
of commissioners to the General Councils of the Alliance. — 1879, p. 616. 

a. An exception to the above action was made in favor of the South- 
ern Presbyterian Church. — 1883, p. 687. 

b. Resolved, That the invitation of Rev. Mr. Lortsch for the Assem- 
bly to appoint a representative be approved, and that the Rev. George 
F. Moore, of the Presbytery of Boston, is hereby appointed to perform this 
service at the next meeting of the Synod of the Free Evangelical Church 
of France, at St. Foy la Grande (Gironde), on the 23d of September, 
1885.— 1885, p. 632. 



OF THE GENERAL ASSEMBLY. 311 

(5) The basis of representation altered. 

That the representation in the Council be for each 100 congregations 
or less, two delegates, up to 1000 congregations; above 1000 congrega- 
tions, one delegate for each additional 100, up to 2000 congregations; 
above 2000 congregations, one delegate for each additional 250 congre- 
gations. 

In the case of the union of Churches represented in the Alliance, it is 
recommended that the number of delegates remain as previous to union ; 
on the union being reported to the Council, the future number of dele- 
gates shall be determined. — 1889, p. 113. 

[Note. — See p. 308 of the Minutes of the Fourth General Council.] 

(6) Plan of cooperation in work on the North American Continent. 

The Committee of Bills and Overtures presented, with their approval, 
the annual report of the Commission of the Alliance of the Reformed 
Churches holding the Presbyterian System, which was received, and, 
after an address by the President of the Alliance, the Rev. William H. 
Roberts, D.D., LL.D., was approved, and it was unanimously 

Resolved, That the plan of cooperation in Home Missions contained 
in the report be cordially adopted: 

" The Boards and Committees of Home Missions, Church Erection, 
Freedmen's Missions and Sabbath- school Work of the American 
Churches in ' The Alliance of the Reformed Churches holding the Pres- 
byterian System,' both in the United States and Canada, recognizing 
with gratitude to God their substantial unity both in faith and polity, do 
agree upon the following principles of action for their guidance in their 
work, viz. : 

"1. That in the work of all these Boards as related to each other the 
authority of the Church courts is to be recognized as final. 

"2. That there shall be no interference with churches, missions or 
Sabbath-schools at present existing, unless by voluntary agreement 
between the denominations directly concerned. 

" 3. That ordinarily, no churches, missions or Sabbath -schools shall 
be established in small communities where the field is fully occupied by 
other Presbyterian or Reformed Churches. 

" 4. That the supreme judicatories of the several Churches recommend 
their Church members when moving into new communities in which there 
is no congregation of their own Church, to unite, for the time being, 
with some other Presbyterian or Reformed Church, if such there be. 

"5. That if cases of difference of opinion arise in connection with the 
work, they shall be referred for consideration and amicable adjustment 
to the missionary authorities of the denominations directly concerned." 
—1896, pp. 66-68. 

XIV. (II) CORRESPONDENCE. CHURCHES IN AMERICA. 

1. Proposals for correspondence with the New England churches. 

[Note.— See Moore's Digest, 1886, p. 266 ; Minutes, 1766, p. 364 ; 1767, p. 374 ; 1790, 
p. 29; 1791, p. 33.] 

2. Plan of correspondence with the General Association of Connecticut. 

[Note.— See Digest, 1886, pp. 268-270 ; Minutes, 1827, p. 213. For terms of corre- 
spondence with the various Congregational bodies, see Moore's new Digest, 1861, pp. 
435-469, and Baird's Digest, pp. 506-525.] 



312 FORM OF GOVERNMENT, CHAP. XII. 

3. The plan of union and action under it. 

[Note.— See Moore's new Digest, 1861, pp. 452^69, and Minutes, 1801, pp. 221, 224. 
225 ; 1835, p. 486; 1837, pp. 421, 458, 464; also Baird's Digest, pp. 570-581.] 

4. Correspondence with the Reformed Churches. 

[Note. — For a full history of the early relations of the Assembly with the Dutch 
and Associate Reformed Churches, see Baird's Digest, pp. 525-533. In 1820 a plan of 
correspondence with the General Synod of the Associate Reformed Church was 
adopted, Minutes, p. 731; Digest, 1886, pp. 270, 271. The Synod united with the 
General Assembly in 1822. 

For correspondence with the Reformed Dutch Church, see Digest, 1886, p. 271, and 
Minutes, 1823, p. 76 ; 1830, p. 287.] 

5. Proposal of the Reformed (Dutch) Church in America declined. 

Dr. Scott, delegate from the Reformed Dutch Church, presented to 
the Assembly the following minute from the General Synod of that body 
respecting the transference of churches: 

Resolved, That if the General Assembly shall concur, no church shall 
be transferred from the one body to the other without the formal dismissal 
of the Presbytery or Classis with which it shall have been connected. — 
1851, p. 17, O. S. 

Resolved, That in the judgment of the Assembly great prudence and 
courtesy should be manifested by the Presbyteries in the reception of 
churches from the Classis of the Reformed Dutch Church, and that, 
Avhere it is practicable, the consent of all parties concerned should be at 
least sought and, if possible, secured ; but that the adoption of an abso- 
lute rule, such as is proposed by the General Synod of the Reformed 
Dutch Church, would probably be productive of hardships to churches 
and inconvenience to both denominations; and therefore, for the present 
at least, the Assembly very respectfully and fraternally beg leave to 
decline its concurrence in the adoption of said rule. — 1851, p. 21, O. S. 

6. Complaint against the Presbytery of North River. 

On a complaint of the Reformed Dutch Church against the Presbytery 
of North River, the Assembly 

Resolved, 1. That though the consistory of the Second Reformed 
Dutch Church of Kingston may have acted arbitrarily in refusing certi- 
ficates to its members applying for them, to join one of our churches, this 
Assembly regards as irregular, and as wanting in the due exercise of 
Christian forbearance, the proceeding of North River Presbytery, in so 
hastily organizing a church composed mostly of the members whom said 
consistory had refused to dismiss. 

2. That though the Classis of Ulster may have done wrong in with- 
holding from the Rev. Mr. Smuller the certificate for which he applied 
to join the Presbytery of North River, this Assembly cannot approve 
of the act of said Presbytery in receiving him, regarding their act, in so 
doing, as deficient in the exercise of that forbearance which should 
obtain in the intercourse of sister Churches. 

3. That the Stated Clerk express to the Dutch Church the deep regret 
which this Assembly feels that there should have been any cause for 
complaint or recrimination. — 1855, p. 302, O. S. 

7. Relations to the Presbyterian Church in the XJ. S. 

(i) The Presbyterian Church in the U. S. (South) recognized as an 
independent body. 

The Special Committee appointed to take into consideration certain 
matters relating to the Southern churches respectfully reports that the 



OF THE GENERAL ASSEMBLY. 313 

following papers have been placed in its hands, and have been carefully 
considered, viz. : 

1. An overture from the Presbytery of Zanesville, asking " that the 
Assembly strike from the lists of Synods, Presbyteries and churches 
those at the South which have ceased to report or be in connection with 
us, and that they be recognized as an independent body of Presbyte- 
rians, and overtures of friendly correspondence be made to them." 

2. An overture from the Presbytery of St. Clairsville of like import. 

3. An overture from the Presbytery of Steubenville, asking that the 
aforementioned Synods, Presbyteries and churches be stricken from the 
roll. • 

4. A memorial signed by certain ministers and ruling elders, asking 
in general terms that the General Assembly " devise such wise and con- 
ciliatory measures as may open the way for the renewal of fraternal 
relations with our brethren of the Southern churches." 

In view of all these your Committee would recommend the adoption 
of the following preamble and resolutions: 

Whereas, The Synods of Alabama, Arkansas, Georgia, Memphis, 
Mississippi, North Carolina, South Carolina, Texas and Virginia, with 
the several Presbyteries under their care, have, with the exception of the 
Presbytery of New Orleans in the Synod of Mississippi, voluntarily 
withdrawn from our connection and organized themselves into a separate 
Church. Therefore, 

Resolved, 1. That the Permanent Clerk is directed to drop their names 
from the list of our Synods and Presbyteries, and they are no longer to 
be regarded as a part of the Presbyterian Church under the care of this 
Assembly, with the exception of the Presbytery of New Orleans, which 
is hereby attached to the Synod of Nashville. 

Resolved, 2. That the Assembly does hereby recognize the organiza- 
tion into which these Synods have formed themselves as a separate and 
independent Church, sustaining to us the same relation which we accord 
to other branches of the Presbyterian Church; and hereafter it is to be 
treated accordingly by all the courts under our care. 

Resolved, 3. That the Assembly also takes this occasion to say that 
while it cannot justify those brethren in separating themselves from the 
Church of their fathers, it regrets their withdrawal, and expresses the 
earnest hope that thev may see their way clear to return to their former 
relations.— 1868, p. 642, O. S. 

2. Correspondence with the Presbyterian Church in the U. S. 

a. The following preamble and resolutions, presented by Kev. William 
Adams, D.D., were unanimously adopted, viz. : 

Whereas, This General Assembly believes that the interests of the 
kingdom of our Lord throughout our entire country will be greatly pro- 
moted by healing all unnecessary divisions; 

Whereas, This General Assembly desires the speedy establishment of 
cordial fraternal relations with the body known as the ' ' Southern Pres- 
byterian Church, ' ' on terms of mutual confidence, respect, Christian 
honor and love; 

Whereas, We believe that the terms of reunion between the two 
branches of the Presbyterian Church at the North, now so happily con- 
summated, present an auspicious opportunity for the adjustment of such 
relations; therefore, be it 



314 



FORM OF GOVERNMENT, CHAP. XII. 



Resolued, 1. That a Committee of five ministers and four elders be 
appointed by this Assembly to confer with a similar Committee, if it 
shall be appointed by the Assembly now in session in the city of Louis- 
ville, Ky., in respect to opening a friendly correspondence between the 
Northern and Southern Presbyterian Churches, and that the result of 
such conference be reported to the General Assembly of 1871. 

Resolved, 2. That with a view to the furtherance of the object con- 
templated in the appointmeut of said Committee, this Assembly hereby 
reaffirms the ' ' Concurrent Declaration ' ' of the two Assemblies which 
met in the city of New York last year, viz. : 

' ' That no rule or precedent which does not stand approved by both 
bodies shall be of any authority in the reunited body, except in so far as 
such rule or precedent may affect the rights of property founded thereon. ' ' 

Resolved, 3. That two ministers and one elder of the Committee ap- 
pointed by this Assembly be designated as delegates to convey to the 
Assembly now in session at Louisville, Ky. , a copy of these resolutions, 
with our Christian salutations. — 1870, p. 18. 

b. William Adams, D.D., C. C. Beatty, D.D., P. H. Fowler, D.D., 
H. J. Van Dyke, D.D., J. C. Backus, D.D., Henry Green, LL.D., 
Hon. William E. Dodge, Mr. James Brown and Hon. Daniel Haines 
were appointed a Committee of Correspondence with the General Assem- 
bly of the Presbyterian Church South, now in session at Louisville, Kv. 
—lb., p. 20. 

C. J. C. Backus, D.D., and Hon. William E. Dodge, two of the 
above Committee, made a verbal report of their visit to Louisville, which 
was accepted. — lb., p. 34. Subsequently, 

d. The Stated Clerk reported a communication from the General As- 
sembly of the Presbyterian Church South, which was read. 

[Note.— For the letter in full see Minutes, 1870, pp. 56-58.] 

Whereupon the following response, reported by the Committee on 
Correspondence with the Church South, was adopted: 

Whereas, This General Assembly, at an early period of its sessions, 
declared its desire to establish cordial fraternal relations with the General 
Assembly of the Presbyterian Church in the United States, commonly 
known as the Southern Assembly, on the basis of Christian honor, con- 
fidence and love, and with a view to the attainment of this end appointed 
a Committee of five ministers and four elders to confer with a similar 
Committee, if it should be appointed by the Assembly then in session at 
Louisville, Ky., " in regard to the amicable settlement of all existing 
difficulties, and the opening of a friendly correspondence between the 
Northern and Southern Churches;" and for the furtherance of the 
objects contemplated in the appointment of said Committee, and with a 
view to remove the obstacles which might prevent the acceptance of our 
proposals by our Southern brethren, reaffirmed the Concurrent Declara- 
tion of the two Assemblies which met in New York last year, to the 
effect that ' ' no rule or precedent which does not stand approved by both 
the bodies shall be of any authority in the reunited body, except so far 
as such rule or precedent may affect the rights of property founded 
thereon, ' ' and as a further pledge of our sincerity in this movement sent 
a copy of our resolutions, together with our Christian salutations, to the 
Assembly at Louisville by the hands of delegates chosen for that purpose ; 

And whereas, The Southern Assembly, while receiving our delegates 
with marked courtesy and formally complying with our proposition for 



OF THE GENERAL ASSEMBLY. 315 

the appointment of a Committee of Conference, has nevertheless accom- 
panied that appointment with declarations and conditions which we cannot 
consistently accept, because they involve a virtual prejudgment of the 
very difficulties concerning which we invited the conference; therefore, 

Resolved, That the further consideration of the subject be postponed, 
and the Committee be discharged. At the same time, we cannot forbear 
to express our profound regret that a measure designed and, as we 
believe, eminently fitted to promote the establishment of peace and the 
advancement of our Redeemer's kingdom in every part of our country 
has apparently failed to accomplish its object. We earnestly hope that 
the negotiations thus suspended may soon be resumed under happier 
auspices, and hereby declare our readiness to renew our proposals for a 
friendly correspondence whenever our Southern brethren shall signify 
their readiness to accept it in the form and spirit in which it has been 
offered.— 1870, p. 58. 

e. Overture No. 15, from the Presbytery of Des Moines, with refer- 
ence to union with the General Assembly of the Presbyterian Church 
South. The Committee recommend the adoption of the following 
resolution : 

Resolved, That as the General Assembly has heretofore declared its 
willingness to resume fraternal relations and Christian union with the 
Assembly South, and still retains the same sentiment, it is deemed unwise 
to take any action at present on this overture. Adopted. — 1872, p. 70. 

(3) Action touching those adhering to the General Assembly of the Pres- 
byterian Church in the U. S. and Old School Synod of Missouri 
declared null and void. 

An overture from the Presbytery of Baltimore, asking the Assembly 
to affirm the doctrines of the Standards of our Church pertaining to the 
civil magistrate and the relation of Church and State; also one from the 
Presbytery of Austin, concerning certain rules passed previously to the 
Reunion with regard to members of the Southern Presbyterian Church. 

As the subjects of these overtures greatly concern the peace and pros- 
perity of the Church, especially in those regions more directly affected 
by the late civil war, the Committee would recommend the adoption of 
the following paper: 

The General Assembly, deploring the divisions that have occurred, 
and that continue, among Presbyterians in the United States of America, 
and earnestly desiring to do whatever is consistent with duty and fidelity 
to the Lord toward healing these divisions, and furthermore, having 
good reason to hope that the action contemplated in the following paper 
will promote and secure this happy result, do solemnly declare: 

1. That in accordance with a resolution unanimously adopted by each 
of the two bodies now constituting the reunited Church, all action touch- 
ing the brethren adhering to the body popularly known as the Southern 
General Assembly, together with all action touching the brethren adher- 
ing to the body known as the Old School Synod of Missouri, has been 
since the Reunion null and void, and therefore of no binding effect, and 
not to be pleaded as a precedent in the future. 

2. The Assembly also express confidence in the soundness of doctrine 
and in the Christian character of these brethren, and cannot doubt that 
a more intimate communion would lead to the speedy removal of the 
barriers that now separate those of like precious faith, to increased 



316 FORM OF GOVERNMENT, CHAP. XII. 

mutual affection and esteem, and to a practical manifestation of our one- 
ness in Christ. 

3. With regard to the civil magistrate and the relations of Church and 
State, the Assembly deem it sufficient to call attention to the following 
principles and statements found in these Standards, to wit: I. " Synods 
and Councils are to handle or conclude nothing but that which is ecclesi- 
astical, and are not to intermeddle with civil affairs which concern the 
commonwealth, unless by way of humble petition in cases extraordinary, 
or by way of advice for satisfaction of conscience, if they be thereunto 
required by the civil magistrate" (Confession of Faith, Chap, xxxi, 
Sec. iv). II. " That God alone is Lord of the conscience, and hath 
left it free from the doctrine and commandments of men, which are in 
anything contrary to His Word, or beside it, in matters of faith or wor- 
ship;" "that all Church power, whether exercised by the body in 
general or in the way of representation by delegated authority, is only 
ministerial and declarative — that is to say, that the holy Scriptures are 
the only rule of faith and manners; that no Church judicatory ought to 
pretend to make laws to bind the conscience in virtue of their own 
authority, and that all their decisions should be founded upon the 
revealed will of God " (Form of Government, Chap, i, Sees, i and vii). 

4. For the purpose of carrying out the spirit of the foregoing resolu- 
tions, the Assembly will appoint two Committees to confer with similar 
Committees, if appointed by the General Assembly of the Presbyterian 
Church in the United States and by the Old School Synod of Missouri, 
to seek closer and more fraternal relations with these bodies. — 1873, 
p. 502. 

(4-) Correspondence with the General Assembly of the Presbyterian 
Church in the U. S. 

a. A Committee was appointed to confer with a like Committee, if 
appointed by the General Assembly of the Presbyterian Church in the 
United States, to seek closer and more fraternal relations with that body. 
—1873, p. 503. 

b. Enlarged, 1874, p. 61, so as to consist of Re vs. Samuel J. Niccolls, 
Henry Darling, Edwin F. Hatfield, Thomas H. Skinner, H. J. Van 
Dyke, Ebenezer Erskine and Messrs. Benjamin Whitely, James K. 
Moorhead, Joseph W. Edwards and Samuel M. Breckinridge. 

This Committee met with a like Committee of the Southern Church iu 
Baltimore, January 7, 1875. Their report is found in the Minutes of 
1875, pp. 483-486; and the correspondence in the Appendix, 1875, pp. 
627-641. 

The Assembly, regretting that the negotiations in reference to fraternal 
correspondence between the two churches have failed, 

Resolved, That it deemed it inexpedient to press the question of frater- 
nal relations at present by further negotiations through the appointment 
of another Committee. See in full, 1875, pp. 492, 493; 1876, pp. 43, 
44, 55, 56. 

C. In 1877 the following action was taken: 

Inasmuch as the General Assembly of 1870 and 1873 have solemnly 
declared that all the deliverances of the General Assemblies during the 
late war, so far as they impeach the Christian character and doctrinal 
soundness of the body known as the Southern Presbyterian Church, are 
null and void; and 



OF THE GENERAL ASSEMBLY. 317 

Whereas, Our last General Assembly, reiterating the action of former 
Assemblies declared our confidence in the Christian character and doc- 
trinal soundness of the Southern Presbyterian Church, and our desire to 
enter into fraternal correspondence with them upon terms of perfect 
equality and reciprocity, and cordially invited the Southern Assembly to 
send corresponding delegates to this Assembly: 

Therefore, Resolved, That, while we are sincerely desirous to be 
reunited in closer relations with the brethren from whom we have been 
separated, we do not deem it expedient at present to take any further 
action upon the subject, except to repeat the declaration of the last 
Assembly, that we are ready cordially to receive a representative from 
the Southern Church, and to send a delegate to their Assembly, when- 
ever they may intimate a willingness to enter into fraternal relations upon 
such terms. — 1877, pp. 570, 571. 

d. In 1882 (Minutes, p. 50) a message was received from the Gen- 
eral Assembly of the Presbyterian Church in the United States. 

[Note.— For which see Minutes, 1882, pp. 50, 66, 83, 84; Digest, 1886, pp. 537, 538.] 

e. Delegates were mutually appointed by the two Assemblies. 
[Note— See Minutes, 1882, pp. 102, 103 ; Digest, 1886, pp. 537, 538.] 

f. The Assembly U. S. A. , Resolved, To continue correspondence with 
the Assembly U. S. by delegates, and telegraphed its resolution to that 
Assembly. 

In response the Assembly U. S. reply: The Assembly has determined 
to adhere to the action of the last Assembly, which is to correspond by 
letter. 

[Note.— See Minutes, 1884, p. 101 ; Digest, 1886, p. 538.] 

g. A Committee of Correspondence was accordingly appointed. 
[Note.— See Minutes, 1884, p. 113.] 

Special Committee on Cooperation appointed. 

h.. A special Committee of seven was appointed by the Assembly 

U. S. A. to confer with a like Committee of the Assembly U. S. , if one 

should be appointed. 

[Note— See Minutes, 1883, p. 591 ; Digest, 1886, p. 538. 

For the report of the Committee on Cooperation, see Minutes, 1884, pp. 67-70 ; 
Digest, 1886, pp. 539-541.] 

i. In the Minutes, 1885, pp. 705-707 (Appendix), will be found a 
letter from the Assembly U. S., and a reply from the Assembly U. S. A., 
[Note.— See also Minutes, 1886, pp. 125, 126.] 

j. In 1887 the Assembly U. S. proposed to the Assembly U. S. A., 
the appointment of a Committee of Inquiry as to certain points suggested 
by that Assembly. The Assembly U. S. A. responded by the appoint- 
ment of a Committee of nine to confer, and report to the next Assembly. 

[Note.— See Minutes, 1887, pp. 116, 117, 128.] 

The report of this joint Committee of Conference was referred to a 
Special Committee.— 1888, p. 85, 92. 

The report of the joint Committee of Conference, together with the 
correspondence between the two Committees is found — 1888, pp. 93-102. 

The Special Committee (1888, p. 92) presented its report, which was 
unanimously adopted. The Committee of Conference was enlarged by 
five members, and continued. — 1888, p. 93. 

[Note— See Minutes, 1889, pp. 20, 68.] 



318 FORM OF GOVERNMENT, CHAP. XII. 

(5) Cooperation with the Presbyterian Church in the U. S. 

The Special Committee, appointed to confer with a like Committee of 
the Presbyterian Church in the United States on modes of cooperation, 

presented its report, which was read A minority report by the 

Hon. S. M. Breckinridge was also received and read, and the considera- 
tion of both reports, after being printed, was made the order of the day 
for Wednesday next at 9.30 A.M.— 1889, p. 20. 

The following telegram was received from the Presbyterian Church in 
the United States: 

Chattanooga, Tenn., May 23, 1889. 
To the Moderator of the General Assembly of the Presbyterian Church, 
Fourth Avenue, New York : 

The vote on cooperation was taken at 11 P.M., and passed, 99 to 27 

Joseph R. Wilson, Stated Clerk. 
—1889, p. 68. 

The whole report was then adopted, and it was 

Resolved, That the Stated Clerk be directed to telegraph to the Gen- 
eral Assembly in session at Chattanooga, the action of this Assembly, 
with a statement appended showing the amendments, and giving the 
reason therefor. 

The telegram was read to the Assembly,* adopted, and is as follows: 

To the General Assembly of the Presbyterian Church in the United States 
in session at Chattanooga, Tenn. : 

The General Assembly in session in New York city have adopted the 
report of the Joint Committee of Conference on Cooperation, with the 
following amendments: 

In Paper No. 2, on Cooperation in the Home Field, Resolutions 3 and 
4 have been consolidated ioto one resolution numbered Resolution 3. In 
Paper No. 3, on Cooperation in the Evangelization of the Colored People, 
the sixth paragraph of the statement preceding the resolutions was 
amended by the omission of the words, " While, by conceding the exist- 
ing situation, it approves the policy of separate churches, Presbyteries 
and Synods, subject to the choice of the colored people themselves." 
The Assembly further resolved that this clause was stricken out, not to 
prejudice future action, nor to outline the future policy of this Church, 
but simply because this Assembly did not believe that it stated the histor- 
ical fact in the case. Your concurrence in this action is requested. 

In behalf of the Assembly, 

Wm. H. Roberts, Stated Clerk 

The report of the Committee on Cooperation as adopted is as follows: 

The Committee of Conference on Fraternal Cooperation in Christian 
Work respectfully presents the following report: 

The General Assembly of the Presbyterian Church in the United 
States of America, in accepting the report of its Committee of Confer- 
ence with a Committee of Conference of the Presbyterian Church in the 
United States, adopted, inter alia, the following: 

" The Assembly devoutly cherishes the hope that the Centennial Cele- 
bration, in which the representatives of the two Churches have, within 
the past few days so cordially united, may prove the beginning of an 
era of closer fellowship and more cordial cooperation in the conduct of 
*See for answer, p. 322. 



OF THE GENERAL ASSEMBLY. 319 

their work for Christ, aud for the more effectual performance of this, 
recommends that the Committee be enlarged by five new members, and 
be continued, with instructions to confer with a similar Committee of 
the other Assembly, if it should be appointed, in devising such methods 
of conducting our common work, both at home and abroad, as shall 
open the door to the fullest and heartiest cooperation. 

' ' We recommend that the following persons be added to the Commit- 
tee: Ministers — Henry Darling, Charles S. Pomeroy, William C. 
Young; Ruling Elders — Samuel M. Breckinridge, Henry M. Knox " 
(Minutes, 1888, p. 93). 

The Moderator, the Rev. Charles L. Thompson, D.D., was subsequently 
added to the Committee (Minutes, 1888, p. 147). 

The General Assembly of the Presbyterian Church in the United 
States, Resolved, That, " in response to the action of the Northern 
Assembly, we cheerfully agree to appoint a Committee, whose duty it 
shall be to confer with a similar Committee appointed by them in refer- 
ence to all such modes of fraternal cooperation in Christian work, both 
at home and abroad, as may be considered practical and edifying. ' ' 

This Committee consisted of the Rev. M. D. Hoge, D.D. , Chairman; 
Joseph R. Wilson, D.D., G. B. Strickler, D.D., M. H. Houston, D.D., 
J. K Craig, D.D., C. A. Stillman, D.D., T. D. Witherspoon, D.D., 
and Thomas J. Kirkpatrick, William M. McPheeters, M.D., W. S. 
Primrose, R. T. Simpson, D. N. Kennedy, A. M. Machen (Minutes 
JPres. Church U. S., 1888, pp. 422, 435). 

These Committees met in joint convention in the city of New York, 
December 28, 1888, and continued in frank interchange of opinions 
until January 1, 1889. 

Finding itself unprepared for final action, the convention appointed 
Subcommittees, to which were assigned the topics: I. Of Cooperation 
in the Foreign Field ; II. Of Cooperation in the Home Field ; III. Of 
Cooperation in the Evangelization of the Colored People; IV. Of 
Cooperation between the two Churches in matters of Publication, etc. 
These Subcommittees were directed to report to a meeting of the conven- 
tion to be held in Atlanta, Ga., April 17, 1889, at 11 o'clock A.M. 

Accordingly the Committees met in joint convention in the Kimball 
House, Atlanta, Ga., April 17, 1889, at 11 A.M. The several Sub- 
committees reported on the subjects assigned them, and after full, free 
and most fraternal consideration, it was 

Resolved, That these two Committees, in joint convention, agree to 
recommend to their respective Assemblies to adopt the following Papers, 
I, II, III, IV, as a basis of cooperation in the matters to which they 
respectively refer, viz. : 

I. As to Cooperation in the Foreign 3fission Work. 

The two Committees do agree to report to the General Assemblies which 
they respectively represent the following: 

It is a matter of great satisfaction, for which we are bound to thank 
God always, that the missionaries of our two Churches have from the 
beginning maintained the most cordial relations as co-laborers in all the 
fields abroad in which they have had a common work. In Japan and in 
Brazil the missionaries of the two Churches, with the native Christians 
under their care, have united to form, in each country, a separate Pres- 
byterian Church. In China, measures have been adopted looking to the 
same end. It may be regarded as the established policy of the two 



320 FORM OF GOVERNMENT, CHAP. XII. 

Churches that their missionaries should, in every field where their work 
is contiguous, unite in planting and developing one Presbyterian Church, 
having no ecclesiastical connection with either Church in the United States. 

In view of these facts it is recommended that the General Assemblies 
of the two Churches counsel the people under their care to avail them- 
selves of the missionary literature of both Churches, that they may thus 
have a full and intelligent view of the great work in which they are 
happily co-laborers: and further, that each of the Churches may recog- 
nize the duty resting upon it to consider kindly the mission work of the 
other, to pray for it, and in every way practicable to promote its success. 

II. As to Cooperation in the Home Field. 

The Committees representing the General Assemblies of the Presby- 
terian Church, known as Northern and Southern, believing that both 
parties do earnestly desire so to conduct their Home Mission work as to 
prevent antagonism or hurtful rivalry, and to avoid even the appear- 
ance, on the part of either, of interfering with the work of the other, 
do agree to recommend to their respective Assemblies for adoption, the 
following, viz. : 

1. Where Presbyteries belonging to the two Assemblies cover the same 
ground, they are advised to endeavor, either as Presbyteries, or through 
their Committees, to agree as brethren to have the efforts of one Church 
expended in certain fields, and the efforts of the other Church expended 
in certain other fields, within their common bounds, so as to prevent 
hurtful rivalry or antagonism. 

2. Where there are weak churches, which, standing alone, cannot 
support a minister, but which can be grouped with churches connected 
with the other Assembly so as to form one ministerial charge, Presby- 
teries having jurisdiction are advised to allow such churches to be 
grouped under a minister from either body to whom their respective 
Presbyteries are willing to give them in charge, and to have their con- 
tributions to the general benevolent funds passed through the channels 
appointed by their respective Assemblies; and where such churches are 
sufficiently near, they are recommended, a majority of each congrega- 
tion agreeing, to consolidate and form one congregation, with such 
Presbyterial connections as may be most agreeable to the membership. 

3. That persons connected with churches under the care of one of 
these Assemblies who may remove into the bounds of churches under the 
care of the other Assembly, be advised to unite with those churches, and 
to seek their peace and prosperity. And where such persons are found 
in sufficient numbers to organize a church (there being no other Presby- 
terian church in their immediate vicinity), they should form such organ- 
ization under the care of the Presbytery with which the contiguous 
Presbyterian churches are connected; provided said Presbytery belongs 
to either of these Assemblies. Within the bounds of the Presbytery 
connected with one Assembly there may be communities composed 
largely of persons who are members of churches connected with the 
other Assembly, whose affiliations and preferences are too strong to 
permit them to sever their connection. In such cases, when these persons 
shall have been organized into a church under the care of the nearest 
Presbytery connected with that Assembly to which they belong, they 
should receive from the Presbytery within whose bounds they reside that 
sympathy and good -will which are implied in the fraternal relations 
established between the two Assemblies. 



OF THE GENERAL ASSEMBLY. 321 

III. As to Cooperation in the Evangelization of the Colored People. 

The Conference Committees of the two Presbyterian Assemblies, now in 
joint session at Atlanta, recognize that no subjects likely to come under 
their consideration among the topics regarding cooperation are fraught 
with profounder interest, or touch graver issues, than the evangelization 
of the colored people within our bounds, as well as the settlement of 
their wisest and most profitable ecclesiastical relations among us. 

Whatever difference of opinion may prevail on other points, happily 
all good men agree in the earnest wish to bring the colored race to a 
saving knowledge of God's truth, and to secure the best practical devel- 
opment of their Christian life and effort. 

Many of the colored people are now members of our respective 
Churches, while many of the actual and prospective ministers of their 
own race are in training in the schools belonging to one or the other 
Assembly, or are members of Presbyteries in connection with these 
bodies. They are now receiving our fostering care, and require our 
unremitting efforts to instruct them, not only in the fundamental elements 
of the Christian faith, but in the practical duties of church life, that, 
grounded in the truth, and guarded from the danger of a mere emo- 
tional religion, and from the superstition and fanaticism to which impres- 
sible natures are especially liable, they may become intelligent, consis- 
tent, faithful followers of Jesus Christ. 

In the van of all discussion upon methods of cooperation to this end, 
we find ourselves confronted by a difference of opinion between the two 
Assemblies, so far as we can gather from their deliverances, as to the 
theory upon which such concerted efforts are to be undertaken, and the 
distinct aim of their accomplishment. 

In the Southern Assembly, the policy was adopted many years since, of 
entire independence for the colored people in their church organizations, 
as the ultimate issue of the cordial efforts of that Assembly, in behalf 
of their colored brethren (see Minutes of Southern Assembly, 1888, 
p. 458). 

The Northern Assembly, on the other hand, has pronounced itself as 
not in favor of setting forth its colored members into a separate, inde- 
pendent organization. 

It believes that our great work among the colored people, for their 
moral and religious development, is to be done by recognizing those who 
are in the Church as entitled to all the rights and privileges which are 
involved in Church membership and ordination (see Minutes of North- 
ern Assembly, 1888, p. 99). 

However, since the status in both Churches finds them practically 
employing the same methods at present in their respective bodies, as 
regards the education of colored ministers, the progressive evangelization 
of that race and the organization of their churches into Presbyteries, we 
do not believe that two great denominations like ours, so near akin, should 
be prevented from cordial cooperation, so far as may be thought wise, in 
such vital concerns as these, by any different preferences of opinion as 
to a final policy, which might be safely left to settle itself in the provi- 
dence of God, either by the formal decision of the colored people them- 
selves eventually, or by the clearer and more decided conviction of these 
cooperating Assemblies. 

Hence this Joint Committee, waiving the consideration of these differ- 
ences heretofore stated, agrees to recommend to the two Assemblies: 

21 



322 FORM OF GOVERNMENT, CHAP. XII. 

1. That the relations of the colored people in the two Churches be 
allowed to remain in statu quo, the work among them to proceed on the 
same lines as heretofore. 

2. That all proper aid, comfort and encouragement, in a spirit of 
kindly Christian sympathy, brotherhood and confidence, shall be extended 
by each Church to the educational and evangelizing efforts of the other 
for the colored race, with a view to the encouragement of every laudable 
effort to this end on both sides. 

3. The schools and churches under care of the Board of Missions for 
Freedmen, and any corresponding work undertaken by the Southern 
Assembly, especially its Tuscaloosa Institute for the Education of Colored 
Ministers, shall be heartily recommended to the givers of our respective 
Churches for practical aid, as mutually concerned in the same great 
missionary work for the glory of God and the blessing of our common 
country. 

IV. As to Cooperation in Publication. 

Your Committee appointed to consider the subject of cooperation 
between the Churches in the interests of publication, etc. , respectfully 
report: That such cooperation is already secured between the business 
departments of the Committee of Publication at Richmond and the Board 
of Publication at Philadelphia; the latter having, in effect, made the 
Publication House at Richmond a depository of its issues. The Rich- 
mond House keeps a large stock of the books of the Philadelphia Board 
on hand; it takes subscriptions for its Presbyterian periodicals, and 
receives in turn any orders the Publication Board receives from the 
Southern field. 

In like manner publications of the Richmond Committee are on the 
shelves of the Publication House in Philadelphia, and find circulation 
whenever there is any demand for them. It would seem, therefore, that 
we have reached the limits of cooperation, so far as publication is con- 
cerned. 

We make no report with regard to cooperation in educational institu- 
tions, as that question is comprehended in the larger one of the evangeli- 
zation of the colored people, and will, no doubt, be controlled by the 
decision of our General Assemblies in relation to that great interest. 
Respectfully submitted, 

Joseph T. Smith, Chairman. 
—1889, pp. 69-74. 

Chattanooga, Tenn., May 24, 1889. 
To the Moderator of the General Assembly of the Presbyterian Church in 
Session in New York: 
The General Assembly, in session at Chattanooga, concurs in the 
amendment as conveyed in the telegram from your body, received to-day. 

Joseph R. Wilson, Stated Clerk. 
—1889, pp. 79. 
The following resolutions were then adopted: 

Resolved, 1. That this Assembly would record its devout gratitude to 
the great Head of the Church, for the result reached by the Committee 
of Conference on Methods of Cooperation. 

2. That we record our appreciation of the ability, fidelity and zeal of 
our own Committee. 

3. That this Committee be now discharged. — 1889, p. 80. 



OF THE GENERAL ASSEMBLY. 323 

(6) Committee of Conference with Presbyterian Church in the U. S. on 

Colored Work. 

[Note. — A telegram was received from the Presbyterian Church in theU. S., inform- 
ing the Assembly that it had appointed a Committee of Conference on Colored Work 
and asking the appointment of a like Committee by the Assembly U. S. A., which was 
done. — 1892, p. 125. See Report of the Special Committee, Minutes, 1893, pp. 19, 20. 
The Committee was continued with additions. The next year, this Committee, 
through its Chairman, Dr. William C. Young, presented the report of the Committee, 
which was received and ordered to be printed in the Minutes, for information, and 
the Committee was discharged, see Minutes, 1894, pp. 129-131.] 

(7) Cooperation in Foreign Missions with Presbyterian Church 
in the U. S. 

a. Overture, an official communication from the Presbyterian Church 
in the U. S. , with reference to cooperation in Foreign Missions. 

Recommended, That the General Assembly approve of the project of 
securing some plan of cooperation with the Presbyterian Church in the 
United States in Foreign Mission work, and refer this communication to 
the Board of Foreign Missions for action. Adopted. — 1892, p. 178. 

b. The Standing Committee on Foreign Missions presented the follow- 
ing supplementary report, which was adopted: 

The Standing Committee on Foreign Missions respectfully report: 

1. The General Assembly has learned with pleasure that during the 
past year conference and correspondence have been had by the Board of 
Foreign Missions with the Committee on Foreign Missions of the Presbyte- 
rian Church in the United States, touching cooperation in Foreign Mission 
fields. On the invitation of the Executive Council of our Board, the 
Rev. M. H. Houston, D.D. , Secretary of the Committee on Foreign 
Missions, visited New York last March for a conference on this subject. 
Subsequently, under date of April 12, 1892, Dr. Houston forwarded to 
our Board a minute from the Committee on Foreign Missions suggest- 
ing that the General Assemblies of the two Churches be requested to 
authorize further conference on the subject with a view to framing some 
recommendations to be submitted to the respective Assemblies. 

In response to this minute, our Board took the following action: 
1 ' The Board of Foreign Missions acknowledges with devout gratitude to 
God the receipt of the above minute from the Committee on Foreign 
Missions of the Presbyterian Church in the United States, and welcomes 
it as an important step in the direction of our practical cooperation in 
the foreign field. The Board cordially acquiesces in the suggestion of 
the Committee that stej)S should be taken without delay to bring about 
this much desired result. It is therefore ordered that the General 
Assembly be requested to authorize the Board to confer with the Com- 
mittee of the Southern General Assembly on the whole question of prac- 
tical cooperation on the foreign field, it being understood that the Board 
shall have no power in the premises except to consult and to frame 
recommendations which shall be submitted to the General Assembly." 

The General Assembly most cordially approves this action of the 
Board, and hereby authorizes it to confer with the Committee on Foreign 
Missions of the Presbyterian Church in the United States on the subject 
named, and to submit a report of the conference, together with any 
recommendations which may be agreed upon, to the next General 
Assembly.— 1892, pp. 196, 197. 

The Assembly hereby approves of the action taken by the Joint Con- 
ference of our Board, and the Executive Committee on Foreign Missions 



324 FORM OF GOVERNMENT, CHAP. XII. 

of the Presbyterian Church in the United States, touching cooperation 
on the Foreign Mission fields. — 1893, p. 82. 

(<9) Overtures for organic union with Presbyterian Church in U. S. 

a. The Committee on Bills and Overtures also reported on the over- 
tures on Organic Union with the Presbyterian Church in the United 
States, as follows: 

Overtures from the Presbyteries of Allegheny, Benicia, Chester, 
Dubuque, Holston, Huntingdon, Kingston, Osborne, Ozark and Utica, 
asking this Assembly to appoint a Special Committee of Conference to 
confer with a similar Committee, if one should be appointed, by the Gen- 
eral Assembly of the Presbyterian Church in the United States, to take 
into consideration the whole question of organic union of the two bodies 
aforesaid, upon the basis of our common Standards, and to report to the 
next Assembly. 

The Committee recommend that the following action be taken by this 
Assembly : 

Whereas, We have heard with great joy that the General Assembly of 
the Presbyterian Church in the United States, now in session in Nash- 
ville, Tenn. , has before it overtures from its own Presbyteries asking for 
the appointment of a Special Committee to confer upon the subject of 
organic union with a similar Committee of this Assembly, if one should 
be appointed; therefore, 

Resolved, That a Special Committee of nine be appointed by the 
Moderator to confer with a similar Committee, if one should be ap- 
pointed, by the General Assembly of the Presbyterian Church in the 
United States^ to take into consideration the whole question of the 
organic union of the two bodies upon the basis of our common Stand- 
ards, and to report to the next Assembly ; and that the Moderator and 
Stated Clerk be authorized to communicate this action by telegraph to 
the General Assembly now in session at Nashville, Tenn. 

The recommendation was adopted. — 1894, pp. 31, 32. 

b. In answer to the above, the following telegram from the General 
Assembly of the Presbyterian Church in the United States, in session at 
Nashville, Tenn., was received, read and ordered placed on record. 

Nashville, Tenn., May 23, 1894. 

To the General Assembly in Session at Saratoga : 

The blessing of God having rested upon our Church in her separate 
existence and work, the General Assembly of the Presbyterian Church in 
the United States, in session at Nashville, with affectionate fraternal 
greetings to the General Assembly of the Presbyterian Church in the 
United States of America, in session at Saratoga, and wishing it God- 
speed in every good word and work, regard it as unwise to reopen the 
question of organic union. 

James R. Graham, Moderator. 

Joseph R. Wilson, Stated Clerk. 
—1894, p. 92. 

Action of the Assembly on the above communication. 

C. In the matter of the Special Committee of Conference with the 
General Assembly of the Presbyterian Church in the United States 
with a view to organic union, it was 



OF THE GENERAL ASSEMBLY. 325 

Resolved, That while this Assembly accepts the action of the General 
Assembly of the Presbyterian Church in the United States, of which it 
has been notified, as sufficiently indicating the wisdom of suspending for 
the present everything like overtures looking to a union with that body, 
it desires to put on record its expression of regret for such suspension. — 
1894, p. 140. 

This Assembly reiterates its hearty readiness to take active steps toward 
such a union, as soon as the Lord in His providence shall open the way. 
—1897, p. 83. 

XIV.* RELATIONS TO NON-ECCLESIASTICAL BODIES. 
(1) The Assembly will not petition partisan conventions. 

A request from the Presbytery of Wooster, asking the Assembly to 
petition the various party conventions, to place in their platform a full, 
clear recognition of the two great truths, viz. , that our Lord Jesus Christ 
is the Sovereign Ruler of our nation, and that His moral law is the rule 
of our conduct in all civil and political affairs, and to declare for — 1. 
The American Sabbath; 2. A Uniform Christian Marriage Law ; 3. The 
Right of the Bible in the Public Schools; and, 4. Against the Ameri- 
can Saloon. 

The Committee recommend the answer, that while the Assembly 
believes that all its officers and members are in the fullest sympathy with 
these ends, it does not see its way clear to be a petitioner to partisan con- 
ventions. Adopted. — 1891, p. 135. 

(2) The Assembly receives and appoints delegates only in case of 
ecclesiastical bodies. 

a. Certain papers purporting to be the credentials of friendly visitors 
from the Woman's National Christian Temperance Union were pre- 
sented to the Assembly by the Stated Clerk, and the following resolution 
in reference to them was adopted: 

Resolved, That it is the judgment of this Assembly that friendly dele- 
gates or visitors should be received only from corresponding ecclesiastical 
bodies: but that the Assembly nevertheless expresses its deep sympathy 
with the work in which the Woman's National Christian Temperance 
Union is engaged. — 1880, pp. 42, 43. 

b. Overture. — A paper referred to this Committee by the Assembly. 
It is a printed document, not addressed specially to the Assembly, but to 
all associations of ministers and churches, all General Assemblies and 
Synods, all General and Annual Conferences, all Woman's National and 
State Unions, Grand Divisions of the Sons of Temperance, Grand 
Lodges of Good Templars, asking that delegates be appointed by these 
bodies to attend a National Temperance Convention, to be held at Sara- 
toga Springs, June 21, 1881. 

We recommend the following answer: 

Whilst this General Assembly feels a deep interest in the subject of 
temperance, it is not our custom to appoint delegates except to ecclesias- 
tical bodies. Adopted. — 1881, p. 551. 

C. An invitation from the National Temperance Society and Publica- 
tion House, inviting the Assembly to send delegates to the National 
Temperance Convention, to be held at Saratoga Springs, N. Y., July 15, 
1891. 



326 FORM OF GOVERNMENT, CHAP. XII. 

To this invitation we recommend the reply that while in full sympathy 
with every movement for the promotion of Temperance, it is not the 
habit of the Assembly to send delegates to any but ecclesiastical bodies. 
Adopted.— 1891, p. 135; 1893, p. 86. 

XV. POWERS IN DEFINING AND DETERMINING WHICH ARE TRUE 
AND LAWFUL JUDICATORIES. 

Synods and Presbyteries in Kentucky and Missouri. 

The Committee to whom were referred sundry papers relating to the 
divisions of the Synods of Kentucky and Missouri, and pi the Presby- 
teries under their care, which has resulted in two sets of commissioners 
claiming seats in this General Assembly from several of these Presby- 
teries, and also sundry papers concerning the signers of a paper entitled 
a " Declaration and Testimony," etc., together with the citation of the 
said signers, who were summoned by the last General Assembly to appear 
before this present Assembly, beg leave to report: 

That they have had the matters committed to them under considera- 
tion, and have had full personal conference with the several claimants 
for seats, and recommend to the General Assembly for adoption the 
following propositions: 

I. The ecclesiastical judicatories hereinafter named are the true and 
lawful judicatories in connection with and under the care and authority 
of the General Assembly of the Presbyterian Church in the United 
States of America, namely: 

The Synod of Kentucky which met at Henderson, Ky., in October, 
1866, and adjourned to meet, and did meet, in Lexington, Ky., in 
November, 1866, of which Synod the Rev. J. T. Lapsley is now the 
Moderator and the Rev. S. S. McRoberts is the Stated Clerk, this Synod 
having under its care and authority, and within its ecclesiastical bounda- 
ries, the following Presbyteries, viz., the Presbytery of Louisville, of 
which the Rev. J. P. McMillan is now the Moderator and the Rev. R. 
Valentine is the Stated Clerk; the Presbytery of Ebenezer, of which the 
Rev. J. F. Hendy is now the Moderator and the Rev. R. F. Caldwell is 
the Stated Clerk; the Presbytery of West Lexington, of which the Rev. 
Stephen Yerkes, D. D. , is now the Moderator and the Rev. J. K. Lyle 
is the Stated Clerk ; the Presbytery of Transylvania, of which the Rev. 
G. J. Read is now the Moderator and the Rev. S. S. McRoberts is the 
Stated Clerk; the Presbytery of Muhlenburg, of which the Rev. A. D. 
Metcalf is now the Moderator and the Rev. S. Y. Garrison is the Stated 
Clerk; and the Presbytery of Paducah, of which the Rev. J. P. Riddle 
is now the Moderator and the Rev. James Hawthorn is the Stated Clerk; 
and these several Presbyteries having in their connection and under their 
care and authority and within their ecclesiastical boundaries respectively 
the ministers, churches, licentiates and candidates belonging to, and 
claiming to belong to, the Presbyterian Church in the United States of 
America. The foregoing described judicatories, namely, the Synod, 
Presbyteries and church Sessions within their respective jurisdictions, are 
to be respected and obeyed as the true and only lawful judicatories 
possessing the names above recited within the State of Kentucky, which 
are in connection with and under the care and authority of the General 
Assembly of the Presbyterian Church in the United States of America; 
and the commissioners sent to and enrolled in this General Assembly 
from the above-described Presbyteries are true and lawful commissioners* 



OF THE GENERAL ASSEMBLY. 327 

The Synod of Missouri, which met at Boonville, Mo. , October 10 r 
1866, of which Synod the Rev. J. P. Finley was elected Moderator and 
the Rev. J. A. Paige was elected the Stated Clerk, and which adjourned 
to meet in Kansas City on the second Wednesday in October, 1867, this 
Synod having under its care and authority, and within its ecclesiastical 
boundaries, the following Presbyteries, viz. , the Presbytery of St. Louis, 
of which the Rev. J. F. Fenton is now the Moderator and the Rev. H. 

C. McCook is the Stated Clerk; the Presbytery of Palmyra, of which 
the Rev. A. Steed is now the Moderator and the Rev. J. P. Finley is 
the Stated Clerk; the Presbytery of Potosi, of which the Rev. G. W.. 
Harland is now the Moderator and the Rev. A. Munsen is the Stated 
Clerk; the Presbytery of Lafayette, of which the Rev. Charles Sturde- 
vant is now the Moderator and the Rev. George Fraser is the Stated 
Clerk; the Presbytery of Southwest Missouri, of which the Rev. Wil- 
liam R. Fulton is now the Moderator and the Rev. James A. Paige is 
the Stated Clerk; and the Presbytery of Upper Missouri, of which the 
Rev. Mr. Pinkerton is now the Moderator and the Rev. W. C. McPhee- 
ters is the Stated Clerk ; and these several Presbyteries having in their 
connection and under their care and authority and within their ecclesias- 
tical boundaries respectively the ministers, churches, licentiates and 
candidates belonging to, and claiming to belong to, the Presbyterian 
Church in the United States of America. The above-described judica- 
tories, namely, the Synod, Presbyteries and church Sessions within their 
respective jurisdictions, are to be respected and obeyed as the true and 
only lawful judicatories possessing the names above recited within the 
State of Missouri, which are in connection with and under the care and 
authority of the General Assembly of the Presbyterian Church in the 
United States of America; and the commissioners sent to and enrolled 
in this General Assembly from the above -described Presbyteries are true 
and lawful commissioners. — 1867, p. 335, O. S. The remainder of the 
deliverance is omitted, in conformity with the action of the Assembly of 
1873. 

CASE OP THE WALNUT STREET CHURCH, LOUISVILLE, KY. THE 
ASSEMBLY PASSES UPON THE VALIDITY OP THE ELECTION OP 
RULING ELDERS. 

a. The Committee on Bills and Overtures, to whom were referred the 
petition and memorial of Benjamin F. Avery, D. McNaughton, James 
A. Leech and Thomas J. Hackney, ruling elders in the Walnut Street 
Church in Louisville, praying for such redress as in the wisdom of the 
General Assembly may seem just and necessary to redress the grievances 
of said church, as set forth in said memorial and petition, report that 
they have considered the matter referred, and recommend the adoption 
of the following: 

Whereas, On the second day of January last, D. McNaughton, Benja- 
min F. Avery and James A. Leech were elected ruling elders by the 
congregation of said church, and on the ninth day of January the said 

D. McNaughton was installed and Benjamin F. Avery and James A. 
Leech were duly ordained and installed ruling elders in said church ; 
and 

Whereas, The Presbytery of Louisville, after the election of said 
ruling elders, with the apparent design of discrediting said election, 
denied to one of their number a seat in said Presbytery, notwithstanding 



22S 



FORM OF GOVERNMENT. CHAP. XII. 



he had beep duly elected to represent said church at a meeting of said 
Presbytery ; and 

Whereas, It is evident that the peace of said church ami their 
congregational rights are in great danger unless this Assembly shall inter- 
pose its authority; 

Therefore, this General Assembly, by virtue of its authority and 
obligation to give advice and instruction in all cases submitted 
to them, does truly declare that the said D. MeXaughton, Benjamin 
F. Avery and James A. Leech are to be recognized and acknowl- 
edged as ruling elders in the said church, and all Church courts and 
Sessions, subject to or under the care of this Assembly, are solemnly 
enjoined to respect and sustain their authority as such. 

The report on this overture was adopted. — 1866, p. 54, 0. S. 

[Notk. — For the full and final action, on this matter, see Diaest, !SSt>. pp. 217 
IMS, and Minutes, 1866, pp. 64, (>S : 1868, p. 652; 1869, p. 942, O. S., and L870, p. 127. and 
1872, p. 52.] 

b. This Assembly expresses its sympathy with the churches in the 
Synod of Kentucky in the difficulties and trials into which they have 
been brought by their adherence to the Presbyterian Church. We will 
aid them to the full extent of our ability in defending and protecting 
their church property. And we will encourage the people of (rod every- 
where under our charge, to contribute liberally to repair the pecuniary 
losses which may be sustained by their churches and schools of learning. 

We counsel these brethren also, on the one hand, to yield a cheerful 
obedience to the laws of the land, even to the extent of taking " joyfully 
the spoiling of their goods." But, on the other hand, we counsel the 
courts of the Church to continue to administer the spiritual government 
of Christ's house which is in their hands, always disregarding the judg- 
ments of the secular tribunals on questions which belong to the spiritual 
jurisdiction alone. It is the constant faith of this Church that civil 
magistrates may not assume to themselves " the powers of the keys of 
the kingdom of heaven, or in the least interfere in matters oi" faith:" 
c< and as Jesus Christ hath appointed a regular government and discipline 
in His Church, no law o{ any commonwealth should interfere with, let 
or hinder the due exercise thereof, among the voluntary members of any 
denomination of Christians, according to their own profession and belief" 
(Confession of Faith, Chap. xxiii\ 

The report was unanimously adopted. — 1868. p. 652, 0. S. 

C. The report of the Committee on Bills and Overtures was amended 
and adopted, and is as follows : 

The various Presbyteries of the Synod of Kentucky respectfully call 
the attention of the General Assembly to the judicial decisions accom- 
panying this memorial, as follows: 

The first is a decision of the Court of Appeals in the State of Ken- 
tucky, in which the right of the civil courts to review and reverse the 
proceedings and decisions of ecclesiastical courts on purely ecclesiastical 
matters is directly maintained, and in pursuance of which it is adjudged 
that three ruling elders, whose election and ordination was ordered by 
the Synod of Kentucky and confirmed by the General Assembly, were 
not ruling elders in the Presbyterian Church. 

The second is a decision of the same court, in which the same superi- 
ority of the civil tribunals over the ecclesiastical is maintained, and in 
pursuance of which the deliverances of the General Assembly during 



OF THE GENEKAL ASSEMBLY. 329 

the late war on loyalty, freedom, etc., are adjudged to be unconstitu- 
tional, in which its condemnation of the Declaration and Testimony is 
adjudged to be erroneous, and its dealings with the signers of that paper 
to be null and void. 

The third is a decision of the Circuit Court of the United States, in 
which, in opposition to the decisions mentioned, it is decided that the civil 
courts are bound to respect and enforce the decisions of all ecclesiastical 
courts, particularly the General Assembly, on all purely ecclesiastical 
matters whatsoever. 

From this last decision an appeal has been taken to the Supreme Court 
of the United States, and thus the rights and prerogatives of the General 
Assembly are placed in a posture where they must be determined by that 
court of last resort. 

A case so directly involving the rights of the General Assembly, and 
so essentially determining the extent to which we shall be permitted 
to enjoy our religious liberties, ought not, in our judgment, to be left to 
the management of, nor should the expense fall solely upon, a single 
church. 

We, therefore, respectfully request the General Assembly to take such 
action and to make such provision as will be necessary in order to a thor- 
ough vindication of its rights and prerogatives before tlfat tribunal. 

As an answer to this memorial, the Committee on Bills and Overtures 
recommends the adoption of the following resolutions : 

Resolved, 1. This General Assembly expresses its deepest sympathy for 
those churches in the bounds of the Synod of Kentucky which have 
l>ecome involved in expensive and harassing litigation while faithfully 
complying with the orders of the superior judicatories of the Church, 
and directs the Board of Domestic Missions and the Board of Church 
Extension to afford them all such assistance as it may be in their power to 
give. 

Resolved. 2. While the General Assembly fully recognizes its obliga- 
tion to be in subjection to the powers that be, yet, so long as anything 
can legally be done, it must not and will not remain silent and inactive 
when its own rights and liberties and the rights and liberties of the whole 
Church are put in peril by injurious decisions in the civil courts; it 
expresses gratification at the decision that has been rendered by the Cir- 
cuit Court of the United States in the case referred to in the memorial, 
and it hereby appoints E. P. Humphrey, D.D., Edgar Needham, and 
Gen. John M. Harlan, of Louisville, Ky., a Committee to counsel and 
cooperate with the proper parties in the appeal which has been taken in 
this case to the Supreme Court of the United States, and for the necessary 
expenses of said case in the court from which and in the court to which 
it has been appealed, said Committee is authorized to draw on the Board 
of Publication for a sum not exceeding five thousand dollars. — 1869, p. 
942. O. - 

d. The report of the Committee was adopted, viz. : 

Your Committee, therefore, ask the General Assembly to allow us to 
use the unexpended balance of the $5000 appropriation, that balance 
being $3000, for the purpose of amicably adjusting the Walnut Street 
case; 

Provided, 1. That the sum of $2000 shall be contributed by our 
brethren for this purpose ; and 

2. That all the cases pending in any of the courts, involving the title 



330 FORM OF GOVERNMENT, CHAP. XII. 

to houses of worship or parsonages in Kentucky, shall be also amicably 
adjusted and settled. Such an adjustment would, we trust, exert a most 
salutary influence upon the cause of Christ and the welfare of the Presby- 
terian Church. — 1870, p. 127. 

e. The Supreme Court at Washington has, in a judgment lately ren- 
dered, upheld all the rights of property asserted by the Walnut Street 
Church; and, what is of far more importance, that high court has fully 
sustained the doctrine for which the General Assembly has contended. In 
an elaborate written opinion the judges have held, for substance, that the 
courts of law must accept as final and conclusive the decisions of the 
General Assembly on questions purely ecclesiastical, and must give mil 
effect to these decisions in settling the property rights of parties litigant. 

The General Assembly will not be slow to appreciate the value of this 
opinion, in the protection which it affords to the liberties of a free Church, 
and to the funds which may be entrusted to the Assembly and to its 
congregations for pious uses. 

For this reason the Assembly is respectfully overtured to publish the 
opinion of the court at length, in the Appendix to its Minutes, and to 
order a faithful abstract thereof to be prepared and inserted in the forth- 
coming Digest. 

The Board of Publication have promptly honored the drafts of the 
Committee to the full amount appropriated by the Assembly of 1869. 
A large part of this money has been expended in the payment of ex- 
penses incident to the litigation, leaving a moderate compensation for 
the labors of our legal couusel. 

The Assembly are respectfully asked to accept this as our final report 
and to discharge the Committee. — 1872, p. 52. 

XVI. THE ASSEMBLY MAY PROPOSE RULES RE< M7LATIVE OF THE CON- 
STITUTIONAL POWERS OF PRESBYTERIES AND SYNODS. 

VI. Before any overtures or enactments proposed by the Assembly 
to be established as rules regulative of the constitutional powers of Pres- 
byteries and Synods shall be obligatory upon the Church, it shall be 
necessary to transmit them to all the Presbyteries, and to receive the 
returns of at least a majority of them, in writing, approving thereof, 
and such rules, when approved, shall be appended to the Constitution 
of the Church.— 1892, p. 172. 

[Note. — Prior to 1892, Sec. vi read as follows : 

VI. Before any overtures or regulations proposed by the Assembly to be estab- 
lished as constitutional rules shall be obligatory on the churches, it shall be necessary 
to transmit them to all the Presbyteries, and to receive the returns of at least a 
majority of them, in writing, approving thereof. 

For decisions and deliverances under this section now stricken out, see Digest, 1886, 
pp. 325-329, 542, 543. 

See also Form of Government, Chap, xxiii. Of Amendments.] 

I. LOCAL EVANGELISTS. 

Constitutional Bute Xo. 1. — It shall be lawful for Presbytery, after 
proper examination as to his piety, knowledge of the Scriptures and 
ability to teach, to license as a local evangelist any male member of 
the Church, who, in the judgment of Presbytery, is qualified to teach 
the Gospel publicly, and who is willing to engage in such service under 
the direction of Presbytery. Such license shall be valid for one year 



OF THE GENERAL ASSEMBLY. 331 

unless renewed, and such licensed local evangelist shall report to the 
Presbyter}^ at least once each year, and his license may be withdrawn 
at any time at the pleasure of Presbytery. The person securing such 
license shall not be ordained to the Gospel ministry, should he desire 
to enter it, until he shall have served at least four years as a local 
evangelist, and shall have pursued and been examined upon what 
would be equivalent to a three years' course of study in Theology, 
Homiletics, Church History, Church Polity and the English Bible, 
under the direction of Presbytery. i 

The Assembly also directs that the said constitutional rule be appended 
to the Constitution of the Church, and instructs the Stated Clerk of the 
General Assembly to carry this direction into effect. Adopted. — 1893, 
p. 200. 

Form for licensing local evangelists. 

[Note. — See under Form of Government, Chap, xiv, Sec. vii.] 
II. EXAMINATION FOR LICENSURE. 

Constitutional Rule No. 2. — Candidates for licensure, in addition to 
the examination required by Chap, xiv, Sec. 4, of the Form of Govern- 
ment, shall be diligently examined in the English Bible, and shall be re- 
quired to exhibit a good knowledge of its contents and of the relation of 
its separate parts and portions to each other. — 1897, p. 119. 

VII. The General Assembly shall meet at least once in every year. 
On the day appointed for that purpose, the Moderator of the last Assem- 
bly, if present, or, in case of his absence, some other minister, shall 
open the meeting with a sermon, and preside until a new Moderator be 
chosen. No commissioner shall have a right to deliberate or vote in the 
Assembly until his name shall have been enrolled by the Clerk, and his 
commission examined and filed among the papers of the Assembly. 

1. Adjourned meetings of the Assembly. 

In 1846, the Assembly, N. S., then meeting triennially, was adjourned 
by the Moderator, in accordance with a previous vote, to meet in the 
city of Cincinnati, O., on the third Thursday of May, 1847. On the 
constitutionality of such adjournment the opinion of Chancellor Kent, 
of New York, was sought, and given as follows: 

The question is, Had the General Assembly, under the Constitution of 
the Presbyterian Church, a lawful or rightful power to so adjourn ? 

Answer. — In my opinion, the power of adjournment rests in the sound 
discretion of the General Assembly. I consider the power to be neces- 
sarily incident to every deliberative assembly, unless specially prohibited 
by its charter or Constitution. It appertains, of course, to all legislative 
assemblies, and is occasionally exercised. This is the case with the Eng- 
lish Parliament, and with the legislative assemblies in the United States. 

The Constitution of the United States says that Congress shall assem- 
ble at least once in every year, and on the first Monday in December. 
The only inhibition in the Constitution is that neither House shall 
adjourn without the consent of the other for more than three days, nor 
to any other place. The Constitution is silent as to any other adjourn- 
ment, and yet no question has ever been raised as to the power of 



332 FORM OF GOVERNMENT, CHAP. XII. 

Congress or both Houses concurrently to adjourn the session to a future 
time. 

So in the Constitution of New York, the legislative term begins on the 
first of January, and the Legislature are to assemble every year on the 
first Monday in January, and neither House without the consent of the 
other can adjourn for more than two days. No doubt is raised as to the 
competency of the two Houses jointly to adjourn, in their discretion, to 
any future or distant day. And though the Legislature are to meet as 
prescribed, and are, as to the Assembly, elected annually, it is now in 
contemplation at the present session to adjourn over to the month of 
September. 

The Constitution of the Presbyterian Church leaves silently the same 
power of adjournment, precisely on the same footing of discretion. Thus 
the General Assembly are to meet at least triennially or once in every 
third year. And the last Moderator, with the concurrence of the Stated 
and Permanent Clerks, may call a pro re nata meeting of the General 
Assembly, in case of any emergency, on four months' notice.* And 
the Assembly is to be considered as the same with the previous one. 

The adjournment preserves the identity of the Assembly. I have no 
doubt that upon a sound construction of the Constitution the General 
Assembly has the same analogous power as all other political legislative 
bodies to which I have alluded. If any greater restriction had been 
intended, it would have been expressed. The language quoted implies 
as of course the power of adjournment. It is a wise and necessary 
power to guard against calamities, and overruling necessities, such as a 
desolating sickness, or conflagration, or insurrection, etc. It may be 
safely confided to such a representation, if anything may. 

Even in ordinary civil corporations, where powers are granted very 
guardedly and construed strictly, it is adjudged that a corporation may 
transact any business at an adjourned meeting which they might have 
transacted at an original meeting (11 Yt. Reports, 385). 

For these reasons briefly I conclude that the power of adjournment by 
the General Assembly the last year to Cincinnati was constitutional. 

James Kent. 

New York, April 19, 18^7. —1847, p. 147, N. S. 

2. The adjourned meeting of 1869. 

The two Assemblies of 1869, meeting in New York, mutually agreed: 

a. That the said General Assemblies now sitting shall, after finishing 
their business, adjourn, to meet in the city of Pittsburgh, Pa., on the 
second Wednesday of November, 1869, at 11 o'clock A.M.— O. S., p. 
915; N. S., p. 277. 

b. It was ordered that when the Assembly adjourns this afternoon it 
be to meet in the First Church of Pittsburgh, on Wednesday, the 10th 
day of November next, at 11 o'clock A.M.— 1869, p. 949, O. S. 

In accordance with previous action, the Assembly, with prayer and 
the apostolic benediction by the Moderator, adjourned to meet at the 
Third Presbyterian Church, in the city of Pittsburgh, Pa. , on the second 
Wednesday of November, A.D. 1869, at 11 o'clock A.M.— 1869, p. 
304, N. S. 

*It was so provided in the plan under which triennial Assemblies were held.— 1839, 
p. 27, N. S. 



OF THE GENERAL ASSEMBLY. 333 

3. Who may sit as commissioners in an adjourned Assembly. 

a. The Committee (Hon. Daniel Haines and Hon. Joseph Allison, 
LL.D.) on Instructing the Presbyteries concerning their representation 
at the adjourned meeting of this Assembly presented a report, which 
was adopted, and is as follows: 

Whereas, It has been questioned whether this Assembly at the pro- 
posed adjourned meeting in November next, at Pittsburgh, Pa., can be 
properly constituted of "the principal or alternate commissioners not in 
attendance on the sessions of the body at this time; therefore, 

Resolved, In the judgment of the Assembly those commissioners only 
who have presented their commissions, and whose names have been 
placed on the roll, will be entitled to participate in the meeting of the 
Assembly in November, except in case of a vacancy occasioned by death, 
resignation, refusal or inability of any such commissioner to attend, in 
Avhich event it will be competent and proper for the Presbytery to supply 
the vacancy by a new election or appointment. — 1869, p. 290, N. S. 

b. W. E. Schenk, D.D., Permanent Clerk, from the Committee on 
Commissions, reported that several gentlemen w T ere present with commis- 
sions as alternates, the principals being absent. On motion of G. W. 
Musgrave, D.D., it was 

Resolved, That all alternates presenting regular commissions be en- 
rolled, the principals being absent. Mr. Henry Day was requested to 
communicate this action to the Assembly of the other branch, now 
sitting in the Third Presbyterian Church in this city, w T hich he did. 

The alternates present were enrolled as follows: W. A. Scott, D.D., 
from the Presbytery of New York; Rev. Joseph A. Hanna, from the 
Presbytery of Oregon; Rev. A. B. Cross, from the Presbytery of Balti- 
more; Ruling Elder William Carpenter, from the Presbvtery of Newton. 
—1869, p. 1143, O. S. 

VIII. Each session of the Assembly shall be opened and closed with 
prayer. And the whole business of the Assembly being finished, and 
the vote taken for dissolving the present Assembly, the moderator shall 
say from the chair — ' ' By virtue of the authority delegated to me by the 
Church, let this General Assembly be dissolved, and I do hereby dissolve 
it, and require another General Assembly, chosen in the same manner, 
to meet at on the day of A.D. " — after 

which he shall pray and return thanks, and pronounce, on those present, 
the apostolic benediction. 

1. The place of meeting determined by the vote of the Assembly. 

The Committee on the minute to be made concerning the place of meet- 
ing of this Assembly presented their report, which was adopted, and is as 
follows : 

The Committee having under consideration the minute to be made con- 
cerning the place of meeting of the Assembly would report: The Assem- 
bly of 1879, on the 26th day of May, at Saratoga, appointed " Madison, 
Wis. , " as the place of meeting for the present Assembly. No house or 
place of meeting in this city was named or designated (see Minutes of 
1879, p. 619). 

When the Moderator of the last Assembly declared that body dissolved, 



334 FORM OF GOVERNMENT, CHAP. XII. 

he did announce that the present Assembly would meet in the First 
Presbyterian Church of Madison, Wis. (Minutes of 1879, p. 634). 
The law of our Church requires the Moderator to dissolve the Assembly, 

*' and to require another .... to meet at , on the day 

of " (Form of Government, Chap, xii, Sec. viii). 

The Assembly, and not the Moderator, has the right and the power of 
iixing the place of meeting. The Assembly fixed the city of Madison, 
and left the present Assembly to seek its own place or house in which to 
meet. This Assembly selected this hall, after it was so kindly and gen- 
erously tendered by His Excellency the Governor of this State. There 
can be no question but that the meeting in this hall is regular, and in 
conformity with the order of the last Assembly, and of the law and Con- 
stitution of the Church. 

Your Committee ask to be discharged from the further consideration 
of the matter committed to them. — 1880, p. 81. 

2. Permanent committee on the place of meeting of the next Assembly. 

The Moderator and the Stated and Permanent Clerks were appointed 
a Committee to report from year to year on the place of the meeting of 
the next ensuing Assembly. — 1881, p. 59. 

3. Form of minute of dissolving the Assembly. 
After solemn praise and thanksgiving, the business of the Assembly 
having been completed, and the vote taken for the dissolution, the Mod- 
erator dissolved the Assembly, saying, " By virtue of the authority dele- 
gated to me by the Church, let this General Assembly be dissolved, and 
I do hereby dissolve it, and require another General Assembly, chosen 
in the same manner, to meet at Saratoga Springs, N. Y. , on the third 
Thursday of May, 1896." The sessions were closed with singing, prayer 
and the apostolic benediction. 

THE TRUSTEES, THE BOARDS, AND THE SEMINARIES. 

[Note.— As illustrating and explaining the powers of the Assembly it has 
seemed both logical and convenient to put under Chap, xii, Sec. v, the charter of the 
Trustees ; the legislation concerning the Boards and the action of the Assembly 
relating to theological instruction and the theological seminaries.] 

I. THE TRUSTEES OF THE GENERAL ASSEMBLY. 

1. Charter of the Trustees. 

An Act for Incorporating the Trustees of the Ministers and Elders constitu- 
ting the General Assembly of the Presbyterian Church in the United 
States of America. 
Whereas, The ministers and elders forming the General Assembly of the 
Presbyterian Church in the United States of America, consisting of citizens of 
the State of Pennsylvania, and of others of the United States of America 
aforesaid, have by their petition represented that by donations, bequests or 
otherwise, of charitably disposed persons, they are possessed of moneys for 
benevolent and pious purposes, and the said ministers and elders have reason 
to expect further contributions for similar uses ; but from the scattered situa- 
tion of the said ministers and elders, and other causes, the said ministers and 
elders find it extremely difficult to manage the said funds in the way best cal- 
culated to answer the intention of the donors ; Therefore, 

Section 1. Be it enacted by the Senate and House of Representatives of 
the Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by the authority of the same : That John Rogers, Alexander Mc* 
Whorter, Samuel Stanhope Smith, Ashbel Green, William M. Tenant, Patrick 
Allison, Nathan Irvin, Joseph Clark, Andrew Hunter, Jared Ingersoll, Robert 
Ralston, Jonathan B. Smith, Andrew Bayard, Elias Boudinot, John Nelson, 



OF THE GENERAL ASSEMBLY. 335 

Ebenezer Hazard, David Jackson and Robert Smith, merchant, and their suc- 
cessors duly elected and appointed in manner as is hereinafter directed, be and 
they are hereby made, declared and constituted, a corporation and body pol- 
itic and corporate, in law and in fact, to have continuance forever, by the 
name, style and title of "Trustees of the General Assembly of the Presbyte- 
rian Church in the United States of America ; " and by the name, style and title 
aforesaid, shall, forever hereafter, be persons able and capable in law as well to 
take, receive and hold, all and all manner of lands, tenements, rents, annuities, 
franchises and other hereditaments, which at any time or times heretofore have 
been granted, bargained, sold, enfeoffed, released, devised, or otherwise con- 
veyed, to the said ministers and elders of the General Assembly of the Presby- 
terian Church in the United States, or any other person or persons, to their 
use, or in trust for them : and the same lands, tenements, rents, annuities, lib- 
erties, franchises and other hereditaments, are hereby vested and established in 
the said corporation and their successors forever, according to the original use 
and intent for which such devises, gifts and grants were respectively made ; and 
the said corporation and their successors are hereby declared to be seized and 
possessed of such estate and estates therein, as in and by the respective grants, 
bargains, sales, enfeoffments, releases, devises and other conveyances thereof, 
is or are declared, limited and expressed ; also, that the said corporation and 
their successors, at all times hereafter, shall be capable and able to purchase, 
have, receive, take, hold and enjoy, in fee simple, or of lesser estate or estates, 
any lands, tenements, rents, annuities, franchises and other hereditaments, by 
the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or 
devise, of any person or persons, bodies politic and corporate, capable and 
able to make the same : And further, That the said ministers and elders, under 
the corporate name aforesaid, and their successors, may take and receive any 
sum or sums of money, and any portion of goods and chattels, that have been 
given to the said ministers and elders, or that hereafter shall be given, sold, 
leased or bequeathed to the said corporation, by any person or persons, bodies 
politic or corporate, that is able or capable to make a gift, sale, bequest or 
other disposal of the same ; such money, goods, or chattels, to be laid out and 
disposed of, for the use and benefit of the aforesaid corporation, agreeably to 
the intention of the donors, and according to the objects, articles and condi- 
tions of this act. 

Sec. 2. And be it further enacted by the authority aforesaid : That no mis- 
nomer of the said corporation and their successors shall defeat or annul any 
gift, grant, devise or bequest, to or from the said corporation, provided the 
intent of the party or parties shall sufficiently appear upon the face of the gift, 
will, grant or other writing, whereby any estate or interest was intended to 
pass to or from the said corporation. 

Sec. 3. And be it further enacted by the authority aforesaid : That the said 
corporation and their successors shall have full power and authority to make, 
have and use one common seal, with such device and inscription as they shall 
think fit and proper ; and the same to break, alter, and renew at their pleasure. 

Sec 4. And be it further enacted by the authority aforesaid : That the said 
corporation and their successors, by the name, style and title aforesaid, shall 
be able and capable in law to sue and be sued, plead and be impleaded, in any 
court, or before any judge or justice, in all and all manner of suits, complaints, 
pleas, matters and demands of whatsoever nature, kind and form they may 
be ; and all and every matter and thing to do, in as full and effectual a manner 
as any other person, bodies politic or corporate, within this Commonwealth, 
may or can do. 

Sec. 5. And be it further enacted by the authority aforesaid : That the said 
corporation and their successors shall be and hereby are authorized and em- 
powered. to make, ordain and establish by-laws and ordinances and do every- 
thing incident and needful for the support and due government of the said 
corporation in managing the funds and revenues thereof; Provided, The said 
by-laws be not repugnant to the Constitution and laws of the United States, 
to the Constitution and laws of this Commonwealth, or to this act. 

Sec 6.* And be it further enacted by the authority aforesaid : That the said 
corporation shall not, at any time, consist of more than eighteen persons ; 
whereof the said General Assembly [at any annual meeting wherever held, 

* Portions in brackets comprise the amendments of October 27, 1885, anthorized by 
Court of Common Pleas (No. 4) of Philadelphia County, Sept. Term, 1885, Xo. 422. 



336 FORM OF GOVERNMENT, CHAP. XII. 

may at their discretion], change one-third, in such manner as to the said Gen- 
eral Assembly shall seem proper [and also at like times and in like manner fill 
any vacancies therein] : and the corporation aforesaid shall have power and 
authority to manage and dispose of all moneys, goods, chattels, lands, tene- 
ments and hereditaments, and other estate whatsoever, committed to their care 
and trust by the said General Assembly; but in cases where special instruc- 
tions, for the management and disposal thereof, shall be given by the said 
General Assembly in writing, under the hand of their Clerk, it shall be the 
duty of said corporation to act according to such instructions : Provided, The 
said instructions shall not be repugnant to the Constitution and laws of the 
United States, or to the Constitution and laws of this Commonwealth, or to the 
provisions and restrictions in this act contained. 

Sec. 7. And be it further enacted by the authority aforesaid : That six mem- 
bers of this corporation, whereof the President, or in his absence the Vice- 
President, to be one, shall be a sufficient number to transact the business 
thereof, and to make By-Laws, rules and regulations: Provided, That previous 
to any meeting of the Board or corporation, for such purposes, not appointed 
by adjournment, ten days' notice shall be previously given thereof, in at least 
one of the newspapers printed in the city of Philadelphia : And the said cor- 
poration shall and may, as often as they shall see proper, and according to the 
rules by them to be prescribed, choose out of their number a President and 
Vice-President, and shall have authority to appoint a Treasurer, and such 
other officers and servants as shall by them, the said corporation, be deemed 
necessary ; to which officers the said corporation may assign such a compensa- 
tion for their services, and such duties to be performed by them, to continue 
in office for such time, and to be succeeded by others, in such way and manner 
as the said corporation shall direct. 

Sec. 8. And be it further enacted by the authority aforesaid : That all ques- 
tions before the said corporation shall be decided by a plurality of votes, 
whereof each member present shall have one, except the President, or Vice- 
President when acting as President, who shall have only the casting voice and 
vote, in case of an equality in the votes of the other members. 

Sec. 9. And be it further enacted by the authority aforesaid : That the said 
corporation shall keep regular and fair entries of their proceedings, and a just 
account of their receipts and disbursements, in a book or books to be provided 
for that purpose; and their Treasurer shall, once in every year, exhibit to the 
General Assembly of the Presbyterian Church in the United States of America 
an exact state of the accounts of the corporation. 

Sec 10. And be it further enacted by the autliority aforesaid : That the said 
corporation may take, receive, purchase, possess and enjoy, messuages, houses, 
lands, tenements, rents, annuities, and other hereditaments, real and personal 
estate of any amount, not exceeding * [fifty] thousand dollars a year value, 
but the said limitations not to be considered as including the annual collec- 
tions and voluntary contributions made in the churches under the care of the 
said General Assembly. Cadwalader Evans, Jr., 

Speaker of the House of Representatives. 
Robert Hare, 

Approved March 28, 1799. Speaker of the Senate. 

Thomas Mifflin, 
Governor of the Commonwealth of Pennsylvania. 

2. The charter accepted. 

The Committee appointed by the General Assembly of the Presbyterian 
Church to endeavor to obtain from the Legislature of the State of Penn- 
sylvania an act of incorporation authorizing certain trustees to hold the 
property of the Assembly, etc. , report that on application to the Legis- 
lature they obtained the act of incorporation for which they were directed 
to apply, a copy of which accompanies this report, corresponding exactly 
with the draught which was last year submitted to the Assembly, except- 
ing only the sum which the trustees are authorized to hold is somewhat 
smaller than was inserted in that draught. 

* Supplement approved March 23, 1864. Pamphlet Laws, 1865, p. 648. 



OF THE GENERAL ASSEMBLY. 337 

The above report, and act of incorporation accompanying it, were 
read and approved. — 1799, p. 173. 

[Note.— See adjustment at the Reunion, Digest, 1886, p. 336; Minutes, 1870, p. 98.] 

3. Trustees of the Presbyterian House. 

For the successive steps which led to the appointment of the Board see 
New Digest, Moore, 1861, p. 404. In 1854 a charter was obtained from 
the Legislature of Pennsylvania which is as follows, viz. : 

An Act to Incorporate the Trustees of the Presbyterian House. 

Whereas, The General Assembly of the Presbyterian Church in the United 
States of America which held its sessions in the First Presbyterian Church, on 
Washington Square, in the city of Philadelphia, in May, Anno Domini one 
thousand eight hundred and fifty-four, did appoint John A. Brown, Samuel H. 
Perkins, Charles S. Wurts, Matthias W. Baldwin and John C. Farr, trustees 
of the Presbyterian Publication House, and recommended that the said Board 
obtain an act of incorporation under the laws of this State, and that the said 
act should contain a general provision, authorizing the said trustees to hold in 
trust for said Assembly any property committed to them by donations, 
bequests or otherwise ; and 

Whereas, Several gentlemen in the city of Philadelphia, feeling the neces- 
sity of some suitable place for the business of the societies and churches con- 
nected with the said Assembly, purchased a property for that purpose which 
they are desirous of conveying to the said trustees ; and 

Whereas, . The said trustees will labor under serious disadvantages as to 
receiving and holding the title of said property, as well as any that may be 
committed to them by donations, bequests or otherwise in trust for said Assem- 
bly; therefore 

Section 1. Be it enacted by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by the authority of the same : That John A. Brown, Samuel H. Perkins, 
Charles S. Wurts, Matthias W. Baldwin and John C. Farr, citizens of the 
United States and of this Commonwealth, and their successors, are hereby 
constituted and declared to be a body politic and corporate by the name of 
"The Trustees of the Presbyterian House," and as such shall have perpetual 
succession, and be able to sue and be sued, and to purchase and receive, take 
and hold, to them and their successors for ever, lands, tenements, and heredi- 
taments, goods, money and chattels, and all kinds of property and estate, 
which may be devised or bequeathed or given to them, or to said Assembly 
for them, and the same to sell, alien, demise and convey, also to make a com- 
mon seal, and the same to alter and renew at their pleasure, and also to make 
such rules, by-laws and ordinances as ma}' be needful for the government of 
said corporation, and not inconsistent with the Constitution and laws of the 
United States and of this State : Provided always, That the clear yearly income 
of the real estate held by the said corporation shall not at any time exceed the 
sum of five thousand dollars. 

Sec 2. That the trustees above named shall hold their office till the first day 
of June, Anno Domini one thousand eight hundred and fifty -five, and until 
their successors are duly qualified to take their places, who shall be chosen by 
the said Assembly and their successors, who may at any annual meeting 
increase the number of said trustees to ten, if, in their judgment, the interest 
of the churches under their care require it. 

Sec. 3. That the said Assembly and their successors shall, at their annual 
meeting in each and every year, wherever held, elect at least five trustees, 
who shall hold their office for one year, and until their successors are elected 
and qualified; Provided, That the said corporators shall be citizens of Penn- 
sylvania. 

Sec 4. That the trustees hereby incorporated, and their successors, shall, 
subject to the direction of the said Assembly and their successors, have full 
power to manage all funds, property and effects committed to their care by 
gift, purchase, bequest or otherwise, and to execute any trusts confided to them 
by the said General Assembly or their successors, in such manner as shall be 
deemed most advantageous, and not contrary to law or the intention of the 
donor or testator. 

Sec 5. That the Act entitled "An Act to Incorporate the Trustees of the 



338 FORM OF GOVERNMENT, CHAP. XII. 

Constitutional Presbyterian Publication House," approved the thirteenth day 
of April, Anno Domini one thousand eight hundred and fifty-five, be and the 
same is hereby repealed. 

Henry K. Strong, 

Speaker of the House of Representatives. 

Wm M. Hiester, 

Speaker of the Senate. 

[Note.— This charter was accepted, 1855, p. 26, N. S. See also Digest, 1886, p. 457. 
The trustees were directed to act as trustees for "The Presbyterian Publication Com- 
mittee," 1857, p. 410, N. S. Digest, 1886, p. 458, "The Presbyterian House" was 
declared to be held in trust for the "Presbyterian Publication Committee." — 1863, 
p. 274, N. S. i 1864, p. 539, N. S. ; 1871, p. 671.] 

4. Consolidation and merger of the trustees of the General Assembly 
and of the Presbyterian House. 

The trustees of the Presbyterian House, as authorized and directed by 
the General Assembly, concurrently with the trustees of the General 
Assembly, made application in September, 1885, to the Court of Com- 
mon Pleas No. 4, of Philadelphia county, Pennsylvania, for the consoli- 
dation and merger of the two corporations. The application was success- 
ful, and the necessary transfers and assignments having been made, the 
union of the two corporations, under the corporate title of ' ' The Trus- 
tees of the General Assembly of the Presbyterian Church in the United 
States of America," was completed. The corporate powers of " The 
Trustees of the Presbyterian House," with their officers, were, by the 
terms of the consolidation and merger, continued as far as necessary to 
enable them to receive and take any bequests, devises and gifts made to 
them. 

5. Business regulations. 

Resolved, That the management and disposal of all moneys, goods, 
chattels, lands, tenements, hereditaments, and all other estate whatever, 
committed to their care and trust by the General Assembly, is invested 
in the said trustees ; unless where special instructions for the management 
and disposal thereof shall be given by the General Assembly in writing 
under the hand of their Clerk ; in which case, the corporation is to act 
according to said instructions. That an exact state of the accounts of 
the trustees is to be exhibited by their treasurer to the General Assembly, 
once in every year ; whereupon it is recommended : 

1. That this state of the accounts be laid before the General Assembly 
as early in their sessions as possible, in order that the General Assembly 
may know what appropriations it may be in their power to make, or what 
instructions to give to their trustees, respecting the moneys in hand. 

2. That when any appropriations are made by the General Assembly, 
a copy of their minute for that purpose, signed by the Clerk, shall be 
transmitted to the trustees, and shall be their warrant for the payment 
of all moneys thus appropriated. 

3. That when any measures are taken, or any resolutions adopted by 
the General Assembly, or the Board of Trustees, which it concerns the 
other to be acquainted with, due information of the same shall be given, 
as soon as possible, to the other. — 1801, p. 232. 

6. Manner of election of trustees. 
1. When this subject is called up annually, a vote shall first be taken 
whether for the current year the Assembly will or will not make any 
election of members in the Board of Trustees. 



OF THE GENERAL ASSEMBLY. 339 

2. If an election be determined on, the day on which it shall take 
place shall be specified, and shall not be within less than two days of 
the time at which such election shall be decided on. 

3. When the day of election arrives, the Assembly shall ascertain 
what vacancies in the number of the eighteen trustees incorporated have 
taken place, by death or otherwise, and shall first proceed to choose 
other members in their places. When this is accomplished, they shall 
proceed to the trial whether they will elect any, and if any, how many 
of that third of the number of the trustees which by law they are per- 
mitted to change in the following manner, viz. : The list of the trustees 
shall be taken, and a vote be had for a person to fill the place of him 
who is first on the list. In voting for a person to fill said place, the vote 
may be given either for the person who has before filled it, or for any 
other person. If the majority of votes shall be given for the person 
who has before filled it, he shall continue in office. If the majority of 
votes shall be given for another person, this person is a trustee, duly 
chosen in place of the former. In the same form the Assembly shall 
proceed with the list, till they have either changed one-third of the trus- 
tees (always including in the third those who have been elected by the 
sitting Assembly to supply the places become vacant by death or other- 
wise), or by going through the list, shall determine that no further alter- 
ation shall be made. — 1801, p. 217. 

7. Record of election by the Assembly. 

By unanimous consent the Stated Clerk was empowered to cast, and 
did cast, the vote of the Assembly, for Hon. William M. Lanning as 
trustee of the Assembly. — 1897, p. 145. 

8. Trustees authorized to receive and hold in trust bequests made to the 
Presbyterian Historical Society. 

Overture from the Presbyterian Historical Society, requesting the 
General Assembly to authorize the trustees of the General Assembly to 
receive any bequests which may be made to the Presbyterian Historical 
Society, and to hold the same in trust for the benefit of that Society, in 
a manner similar to that which now obtains in case of bequests for vari- 
ous objects approved by the General Assembly. Recommended that the 
request be granted. Adopted. — 1896, p. 47. 

9. The official seal of the Church. 

The Committee on Bills and Overtures reported the following: 

a. In view of the interest recently awakened in the device known as 
the " Seal of the Presbyterian Church," 

Resolved, That a Committee of three be appointed, to report to the 
next General Assembly upon the history and symbolism of the " Seal of 
the Trustees of the General Assembly, ' ' and make such recommendation 
as may be deemed advisable. Adopted. — 1889, p. 121. 

The Committee were Ministers — Henry C. McCook, D.D., George D. 
Baker, D.D. ; Ruling Elder — George Junkin. 

Resolved, That it is the sense of this Assembly, that an open Bible be 
the central symbol of the Church's seal, and that this Committee be 
instructed to prepare drawings which shall appropriately display the same, 
and report to the next Assembly. — 1891, p. 134. 

[Note —See the full report of the Committee, 1892, pp. 25-33, containing the 
.description of the seal, which the Rev. Dr. H. C. McCook was authorized to prepare.} 



340 FORM OF GOVERNMENT, CHAP. XII. 

b. Resolved, 1. That the General Assembly hereby adopts as its official 
seal the following, namely: For a central device the figure of an open 
Bible displayed upon a circular field, and in form as represented upon 
the seal of the Westminster Assembly of Divines; upon the dexter page 
thereof to be inscribed the motto, ' ' The Word of God, ' ' within an oval 
field, and upon the upper margin of the said page the Scriptural refer- 
ence, " 1 Peter i. 23." 

Upon the opposite or sinister page, within a similar oval field, the fol- 
lowing device, namely: The figure of a brazen serpent suspended from a 
cruciform pole uplifted within a wilderness, in form as represented upon 
the official seal of the trustees of this General Assembly. In addition 
thereto, upon the background of the field, and behind the central figure, 
a miniature of the emblem upon the seal of the Kirk of Scotland, namely, 
a burning bush within a radiating circle of rays of light; further, a 
decorative wreath of palm upon the lower margin of the oval field, and 
in corresponding position upon the upper margin, the motto, " Christus 
Exaltatus Salvator, ' ' and upon the upper margin of the page itself, the 
Scriptural reference, " John iii. 14." 

In addition to this central emblem thus differenced, it is directed that 
a semicircular wreath of branches of palm in form, as nearly as may be, 
like the decorative wreath upon the Westminster Assembly's seal, be 
placed upon the upper margin of the circular field, and in corresponding 
position below the Book, a wreath of olive and oak combined. Further, 
that there be placed behind the Book and the wreath radiating rays of 
light filling the vacant spaces of the field. 

Surrounding the whole device the scroll of the seal shall bear the words, 
" Seal of the General Assembly of the Presbyterian Church in the 
United States of America." As further indicating the will of the As- 
sembly as above expressed, the Assembly refers to the accompanying 
drawing and engraving submitted by the Committee upon the seal. 

Resolved, 2. The Committee is hereby directed to procure an engraved 
stamp or die of the device and scroll, as above adopted, for the use of 
the General Assembly, and they are authorized to make any merely 
technical changes in the lettering of the scroll and grouping of the motto 
and figures of the device, as above described, that may be found neces- 
sary or advantageous in the engraving of the same. 

Resolved, 3. The Stated Clerk of the General Assembly shall be the 
official custodian of the seal. 

Resolved, 4. That the Committee be directed to prepare an accurate 
drawing of the seal as thus adopted, and deposit it with the Presbyterian 
Historical Society, for reference as the authorized form of the same. 

Resolved, 5. That the Committee be directed to procure a copyright of 
the seal and place the same in the keeping of the Trustees of the Gen- 
eral Assembly.— 1892, pp. 32, 33. 

II. THE BOARDS OF THE CHURCH. 
GENERAL MATTERS. 

1. Concurrent declarations, Assembly of 1869. 

5. The corporate rights now held by the two General Assemblies, and 
by their Boards and Committees, should, as far as practicable, be con- 
solidated, and applied for their several objects, as defined by law. 

6. There should be one set of Committees or Boards for Home and 
Foreign Missions, and the other religious enterprises of the Church; 



OF THE GENERAL ASSEMBLY. 34 L 

which the churches should be encouraged to sustain, though free to cast 
their contributions into other channels, if they desire to do so. 

7. As soon as practicable after the union shall have been effected, the 
General Assembly should reconstruct and consolidate the several Perma- 
nent Committees and Boards, which now belong to the two Assemblies, 
so as to represent, as far as possible, with impartiality, the views and 
wishes of the two bodies constituting the united Church. — 1869, pp. 
916, O. S., and 278, N. S. 

2. Assembly regulations as to minutes, reports and membership. 

1. Each Board and Permanent Committee is instructed to send up 
its minutes with its report, that these minutes may be reviewed by the 
Assemblv on the report of the appropriate Standing Committee. — 1885, 
p. 690. 

2. A sufficient number of the reports of the Boards and Committees 
shall be forwarded by them to the place of meeting of each Assembly, 
prior to the day of meeting; and a complete file of the same, stitched 
together, shall be delivered to each commissioner. — 1886, p. 77. 

3. Xo person shall serve as a member of a Board who is an executive 
officer or employe of said Board, or a member of any other benevolent 
Board of the Church; and no more than one ruling elder from the same 
congregation shall serve on a Board at the same time [1887, pp. 51, 108]. 

4. Any vacancy occurring in the membership of any of the Boards 
of the Church during the interval between the Assemblies, may be filled 
until the next succeeding meeting of the Assembly, by the Board in 
which such vacancy may occur [1887, p. 128]. — 1896, pp. 349p, 349c<. 

5. It is recommended that the Annual Reports of the Boards for the 
year 1897 be printed and distributed as heretofore (seven thousand 
copies), under the direction of the Stated Clerk, the expenses to be 
borne by the several Boards in proportion to the space occupied by each 
Report in the bound volume. Adopted. — 1897, p. 143. 

3. Regulation as to use of legacies. 
Resolved, That when any Board receives a legacy the use of which is 
not indicated in the will of the testator, the funds shall either be used 
for current work, or shall be invested in accordance with the laws pro- 
vided for the care of trust funds in the State where the Board is located. 
But if not so used, the funds shall be held until the General Assembly 
approves of some different use of them, which the Board may propose 
to make. — 1897, p. 50. 

4. No trustee or director of a charitable or benevolent institution may- 
receive any salary or emolument from said institution. 
On the 12th of March, 1872, the following Act was passed by the 
New York Legislature in relation to trustees and directors of charitable 
and benevolent institutions: 

Section 1. No trustee or director of any charitable or benevolent institution, 
organized either under the laws of the State or by virtue of a special charter, 
shall receive, directly or indirectly, any salary or emolument from said institu- 
tion, nor shall any salary or compensation whatever be voted or allowed by 
the trustees or directors of any institution organized for charitable or benevo- 
lent purposes to any trustee or director of said institution for services either as 
trustee or director or in any other capacity. — 1872, p. 42. 

[Note. — Substantially the same law is in effect in Pennsylvania and some other 
Suites.] 



342 FORM OF GOVERNMENT, CHAP. XII. 



I. THE BOARD OF HOME MISSIONS. 



1. History. 

[Note. — For a full account of the early mission work of the Church and of the 
origin and progress of the work, culminating in the present Board of Home Missions, 
see Assembly's Digest (Baird), revised edition, 1858, pp. 321-362, with the annual 
Minutes of the Assembly, 0. S., from 1858 to 1869. Also Moore's new Digest, 1861, with 
the annual Minutes, N. S., from 1861 to 1869, and Moore's Digest, 1886, pp. 422-426 

" The Standing Committee of Missions " was appointed by the Assembly in 1802, 
p. 258. In 1816, p. 633, the Committee was enlarged and its title changed to "The 
Board of Missions, acting under the authority of the General Assembly of the Pres- 
byterian Church in the United States." In 1827, p. 217, and again in 1828, p. 244, its 
powers were enlarged. Up to 1837 the " Board of Missions" was the only agency of 
the General Assembly for carrying on the work of missions at home and abroad. " In 
that year it was : 

"Resolved, That the General Assembly will superintend and conduct by its own 
proper authority the work of Foreign Missions of the Presbyterian Church by a 
Board appointed for that purpose and directly amenable to said Assembly." — 1837, 
pp. 452, 453. 

The N. S. Assembly continued to cooperate with the American Home Missionary 
Society until 1861. In 1852 a Report on Church Extension was adopted, and a Com- 
mittee of Conference with the A. H. M. S. appointed, who next year, reported, 
recommending the continuance of cooperation (see Moore's new Digest, 1861, pp. 
361-367; also pp. 368, 369). After full discussion., action was taken, establishing 
"The Church Extension Committee," which was chartered by the Legislature of New 
York in 1862. For Charter see Digest, 1886, pp. 425, 426.] 

2. Consolidated Board as established at reunion. 

The unfinished business was resumed, viz., the report of the Joint 
Committee on Home Missions, which, after protracted discussion, was 
adopted as follows: 

The Joint Committee appointed by the two Assemblies of 1869 to 
arrange for the consolidation of the " Board of Domestic Missions" 
and " The Committee of Home Missions," would respectfully report 
that, in full attendance, they have given the subject with which they were 
charged their most careful deliberation. 

Some things pertaining to the proposed new organization were very 
readily adjusted, as appears in the following recommendations, adopted 
with entire unanimity, viz.: 1. The name to be " The Board of Home 
Missions of the Presbyterian Church in the United States of America. ' ' 

2. That this Board consist of fifteen members, five constituting a quorum. 

3. That the Board be authorized to appoint one Secretary, with so 
much assistance as the Board may deem necessary. 

After proceeding so far, your Committee were advised by eminent legal 
counsel that, inasmuch as the Board and Committee now existing hold 
their respective charters from different States, legislative action in the 
States of Pennsylvania and New York would be necessary before the 
contemplated consolidation could be effected, so that the property now 
held by the one could legally and safely be transferred to the other. As 
instructed by counsel, your Committee cannot see any mode in which this 
General Assembly itself, without further legislation, can create such a 
consolidated Board, or will be competent in law to execute the trusts 
imposed on the existing corporate bodies in wills or other writings here- 
tofore executed. 

As necessary steps to the obtaining of such necessary legislation as is 
suited to the case, your Committee report the following recommendations, 
to wit: 

1 . That this Assembly should designate the locality in which the chief 
operations of the new Board shall be carried on, and in which the prin- 
cipal office for that purpose shall be located. 



OF THE GENERAL ASSEMBLY. 343 

2. That a Committee be appointed by this Assembly, whose duty it 
shall be to endeavor to procure all the legislation required by the exigen- 
cies of the case, and direct the transfer of property now held by the two 
bodies above described, on receiving the opinion of competent counsel 
that the authority of the new body is perfect. 

3. Meantime, till such a result has been reached, that both of the 
existing organizations should be kept up in the form required by their 
respective charters. — 1870, p. 54. 

The following places were then named for the location of the Board of 
Home Missions, viz., Philadelphia and Xew York; whereupon the roll 
was called, and Xew York was chosen, by a vote of 306 for New York, 
and 153 for Philadelphia. — lb., p. oh. 

The action of the Assembly adopting the report of the Joint Commit- 
tee on Home Missions was reconsidered, and the number of members of 
the Board changed from twenty (20) to fifteen (15), and the number 
of Corresponding Secretaries from one (1) to (2). 

The Rev. Henry Kendall, D. D., and the Rev. Cyrus Dickson, D.D., 
were by acclamation elected Corresponding Secretaries, and Mr. Samuel 
D. Powel, Treasurer, of the Board of Home Missions, it being expressly 
understood that this was not to be considered as a precedent by any future 
Assembly.— 1870, p. 100. 

3. The act of incorporation. 

An Act to incorporate the Board of Home Missions of the Presbyterian Church 
in the United States of America, aud to enable the Presbyterian Board of 
Home Missions, formerly the Presbyterian Committee of Home Missions, 
to transfer its property to said new corporation, and to vest in such new 
corporation the corporate rights, franchises and privileges of the former 
body, and also to enable said new corporation to accept a transfer of the 
property of the trustees of the Board of Domestic Missions of the General 
Assembly of the Presbyterian Church in the United States of America, 
and to become the leo-al successor of the said last-mentioned corporation. 
—Passed April 19. 1872. 
The people of the State of Xew York, represented in Senate and Assembly, 
do enact as follows : 

Section 1. George L. Prentiss, Thomas S. Hastings, William M. Paxton, 
William C. Roberts, I. F. Stearns, Henry J. Van Dyke, James O. Murray, 
Edward A. Lambert, Jacob D. Vermilye, George W. Lane, Thomas C. M. 
Paton, Joseph F. Joy, Robert L. Kennedy, George R. Lockwood, John 
Taylor Johnston (designated for this purpose by the General Assembly of the 
Presbyterian Church in the United States of America, which met in Chicago, 
in the' State of Illinois, in May, eighteen hundred and seventy-one, and winch 
is the legal successor of the'two religious bodies theretofore existing under 
that same name), and their successors in office, chosen from time to lime by 
the said General Assembly, are hereby constituted a body politic and corpo- 
rate by the name of the Board of Home Missions of the Presbyterian Church 
in the United States of America ; the object of which shall be to assist in sus- 
taining the preaching of the Gospel in feeble churches and congregations in 
connection with the Presbyterian Church in the United States, and generally 
to superintend the whole work of Home Missions in behalf of said Church, as 
the General Assembly may from time to time direct ; also, to receive, take 
charge of, and disburse all property and funds which at any time and from 
time to time may be intrusted to said Church or said Board for Home Mission- 
ary purposes. 

Sec 2. The said corporation shall possess the general powers, and be sub- 
ject to the provisions contained in title three of chapter eighteen of the first 
part of the Revised Statutes, so far as the same are applicable and have not 
been repealed or modified. 

>E( '. 3. The management and disposition of the affairs and property of said 
corporation shall be vested in the persons named in the first section of this 



344 FORM OF GOVERNMENT, CHAP. XII. 

Act, and their successors in office who shall remain in office for such period, 
and be removed and succeeded by others chosen at such time and in such 
manner as the said General Assembly of the Presbyterian Church in the 
United States of America shall from time to time direct and appoint. 

Sec. 4. The said corporation shall be in law capable of taking, receiving 
and holding any real or personal estate which has been or may hereafter be 
given, devised or bequeathed to it or to the said Church for the purposes 
aforesaid, or which may accrue from the use of the same ; subject, however, to 
all the provisions of law relating to devises and bequests, by last will and 
testament ; but the said corporation shall not take and hold real and personal 
estate, the annual rental or income of which shall exceed the sum of two hun- 
dred thousand dollars. 

Sec. 5. The Presbyterian Committee of Home Missions incorporated under 
the laws of this State by an Act passed on the eighteenth day of April, eigh- 
teen hundred and sixty-two, the name of which was changed to that of the 
Presbyterian Board of Home Missions, by an Act passed on the twentieth of 
January, eighteen hundred and seventy-one, are hereby authorized to assign, 
transfer, convey and deliver unto the corporation created by this Act, all the 
property, estate and rights of any and every description now held or enjoyed 
by them, and which may hereinafter be received by them by virtue of any grant, 
gift, bequest or devise or otherwise howsoever, which assignment, transfer, 
conveyance and delivery, the corporation established by this Act is hereby 
authorized and empowered to accept and receive ; and the said corporation, 
hereby created, shall be and is hereby declared to be the legal successor of the 
said Presbyterian Board of Home Missions, formerly the Committee of Home 
Missions, and shall have, hold, use and enjoy all the corporate powers, fran- 
chises and privileges of the said corporation last named, and all the property, 
estates and rights so assigned, transferred, conveyed, and delivered in the same 
manner and to the same extent as the said corporation last named might have 
done, and shall be entitled to receive, sue for and recover all legacies, devises, 
bequests and property which have heretofore been or may hereafter be made 
or given to the said corporation last named ; Provided, however, and it is hereby 
expressly declared, that the said corporation created by this Act, shall receive 
and hold the said property, estates and rights upon the same trusts and for the 
same purposes, only as the same are or otherwise would be held by the said 
Presbyterian Board of Home Missions, formerly the Presbyterian Committee 
of Home Missions. 

Sec. 6. Whenever the requisite power shall be given by the proper author- 
ity of the State of Pennsylvania to the trustees of the Board of Domestic Mis- 
sions of the General Assembly of the Presbyterian Church in the United 
States of America, a corporation created and established and now existing 
under the laws of the said State of Pennsylvania, to assign, transfer, con- 
vey and deliver unto the corporation created by this Act, all the property, 
estate, and rights of any and every description, held or enjoyed, or 
which may be hereafter held or enjoyed, by the said corporation first 
named in this section by virtue of any gift, grant, bequest or devise, or 
otherwise howsoever, then the said corporation hereby created is hereby 
authorized to accept and receive the assignment, transfer, conveyance and 
delivery aforesaid, and shall be and is hereby declared to be the legal successor 
of the said trustees of the Board of Domestic Missions of the General Assem- 
bly of the Presbyterian Church in the United States of America, and shall 
have, hold, use and enjoy all the corporate powers, franchises and privileges 
of the said corporation last named, and all the property, estates and rights 
w T hich may be so assigned, transferred, conveyed and delivered in the same 
manner and to the same extent as the said corporation last named might have 
done, and shall be entitled to receive, sue for and recover all legacies, devises, 
bequests and property which have heretofore been or may hereafter be made 
or given to the said corporation last named: Provided, however, and it is 
hereby expressly declared that the said corporation created by this Act shall 
receive and hold the said property, estates and rights upon the same trusts and 
for the same uses and purposes only as the same are or otherwise would be 
held by the said trustees of the Board of Domestic Missions of the General 
Assembly of the Presbyterian Church in the United States of America hereto- 
fore created by virtue of the law r s of the State of Pennsylvania ; and it is 
hereby further provided and declared, that all the grants, conveyances, 
devises and bequests, which, after the several assignments, transfers and con- 



OF THE GENERAL ASSEMBLY. 345 

veyances hereinbefore authorized to be made to the corporation created by 
this Act, shall have been made and completed as hereinbefore directed, shall 
be made or which shall purport to be made to the Presbyterian Committee of 
Home Missions, or to the trustees of the Board of Domestic Missions of the 
General Assembly of the Presbyterian Church hereinbefore named, shall be 
deemed and taken to be made to the corporation hereby created with the same 
effect as if made to such new corporation hereby created. 

Sec. 7. This Act shall take effect immediately — Chapter 287, Laws of 
1872, N. Y. 

4. First amendment of the act of incorporation. 

An Act to amend chapter two hundred and eighty-seven of the laws of 
eighteen hundred and seventy -two, entitled "An Act to incorporate the 
Board of Home Missions of the Presbyterian Church in the United States 
of America," and to enable the Presbyterian Board of Home Missions, 
formerly the Presbyterian Committee of Home Missions, to transfer its 
property to said new corporation, and to vest in such new corporation the 
corporate rights, franchises and privileges of the former body, and also to 
enable said new corporation to accept a transfer of the property of the 
trustees of the Board of Domestic Missions of the General Assembly of 
the Presb}'terian Church in the United States of America, and to become 
the legal successor of the said last-mentioned corporation. — Passed, May 8, 
1880 : three-fifths being present. 

The people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 

Section 1. Section four of chapter two hundred and eighty-seven of the 
laws of eighteen hundred and seventy-two, entitled "An Act to incorporate 
the Board of Home Missions of the Presbyterian Church in the United States 
of America, and to enable the Presbyterian Board of Home Missions, formerly 
the Presbyterian Committee of Home Missions, to transfer its property to said 
new corporation, and to vest in such new corporation the corporate rights, 
franchises and privileges of the former body, and also to enable said new cor- 
poration to accept a transfer of the property of the trustees of the Board of 
Domestic Missions of the General Assembly of the Presbyterian Church in 
the United States of America, and to become the legal successor of the said 
last-mentioned corporation," is hereby amended so as to read as follows : 

Sec. 4. The said corporation shall be in law capable of taking, receiving, 
holding and conve}dng, or otherwise disposing of any real or personal estate 
which has been, or may hereafter be given, devised or bequeathed to it, or to 
the said Church, for the purpose aforesaid, or which may accrue from the use 
of the same; subject, however, to the provisions of chapter three hundred 
and sixty of the laws of eighteen hundred and sixty, entitled "An Act relat- 
ing to wills ; " but said corporation shall not hold real or personal estate, the 
annual rental or income of which shall exceed the sum of two hundred thou- 
sand dollars.— Chapter 227, Laws of 1880, N. Y. 

5. Second amendment of the act of incorporation. 

An Act to amend section three of chapter two hundred and eighty-seven of 
the laws of eighteen hundred and seventy-two, entitled "An Act to incor- 
porate the Board of Home Missions of the Presbyterian Church in the 
United States of America, and to enable the Presbyterian Board of Home 
Missions, formerly the Presbyterian Committee of Home Missions, to 
transfer its property to said new corporation, and to vest in such new cor- 
poration the corporate rights, franchises and privileges of the former body, 
and also to enable said new corporation to accept a transfer of the 
property of the trustees of the Board of Domestic Missions of the General 
Assembly of the Presbyterian Church in the United States of America, 
and to become the legal successor of the said last-mentioned corporation." 
— Approved by the Governor, April 18, 1892. Passed : three-fifths being 
present. 

The people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 

Section 1. Section three of chapter two hundred and eighty-seven of the 
laws of eighteen hundred and seventy-two, entitled, "An Act to incorporate 
the Board of Home Missions of the Presbyterian Church in the United States 



346 FORM OF GOVERNMENT, CHAP. XII. 

of America, and to enable the Presbyterian Board of Home Missions, formerly 
the Presbyterian Committee of Home Missions, to transfer its property to said 
new corporation, and to vest in such new corporation the corporate rights, 
franchises and privileges of the former body, and also to enable said new cor- 
poration to accept a transfer of the property of the trustees of the Board of 
Domestic Missions of the General Assembly of the Presbyterian Church in 
the United States of America, and to become the legal successor of the said 
last-mentioned corporation," is hereb} r amended to read as follows : 

Sec. 3. The management and disposition of the affairs and property of such 
corporation shall be vested in fifteen trustees w T ho shall be appointed from 
time to time by the General Assembly of the Presbyterian Church in the 
United States of America, for such terms as the Assembly may determine. 
But the number of such trustees may be increased or decreased at any time by 
the said General Assembly, and in case of an increase the additional trustees 
shall be appointed by such General Assembly of the Presbyterian Church in 
the United States of America ; Provided, hoicever, That the members of the 
Board, as at present constituted, shall continue to hold office until their suc- 
cessors have been appointed by the General Assembly. 

Sec. 2. This Act shall take effect immediately. — Chapter 335, Laws of 1892. 

6. Pennsylvania act authorizing transfer of property. 

An Act to authorize the trustees of the Board of Domestic Missions of the 
General Assembly of the Presbyterian Church in the United States of 
America to transfer the property held by them to the Board of Home 
Missions of the Presbyterian Church in the United States of America, and 
to declare the latter corporation to be the legal successor of the former. 

Whereas, The two religious bodies heretofore existing, each under the name 
of the General Assembly of the Presbyterian Church in the United States of 
America, having united the congregations under their care, and the General 
Assembly of the Church thus united which met in Philadelphia on the nine- 
teenth day of May, eighteen hundred and seventy, and which is the legal suc- 
cessor of both the former bodies, has directed that the home missionary work 
previously carried on under the direction of the said two bodies shall be here- 
after carried on under its direction by one Board ; and 

Whereas, The Legislature of the State of New York has for the purpose 
aforesaid incorporated the Board of Home Missions of the Presbyterian Church 
in the United States of America; therefore 

Section 1. Be it enacted by the Senate and House of Representatives of 
the Commonwealth of Pennsylvania in General Assembly met, and it is 
hereby enacted by the authority of the same, that the trustees of the Board 
of Domestic Missions of the General Assembly of the Presbyterian Church 
in the United States of America be and they are hereby authorized to grant, 
assign, transfer, convey and deliver all property, estates and rights, real, 
personal and mixed, of every kind and description, now held or enjoyed 
by them, and which may hereafter be received, held or enjoyed by them, 
in any manner whatsoever, unto the said the Board of Home Missions of 
the Presbyterian Church in the United States of America, which corporation 
is hereby declared to be the legal successor of the said the Trustees of the 
Board of Domestic Missions of the General Assembly of the Presbyterian 
Church in the United States of America ; and shall have, hold, use and 
enjoy all the corporate powers, franchises and privileges of the said corpo- 
ration last named, and all the property, estates and rights which shall be 
so granted, assigned, transferred, conveyed and delivered in the same manner 
and to the same extent as the said corporation last named might have done 
(including the power to convey, assign and transfer" the same), and shall 
be entitled to receive, sue for and recover all legacies, devises, bequests and 
property which have heretofore been or may hereafter be made, given or 
granted to the said corporation last named ; Provided, however, and it is hereby 
expressly declared, that the said the Board of Home Missions of the Presby- 
terian Church in the United States of America shall receive and hold the said 
property and estates, or the proceeds thereof, if sold, upon the same trusts and 
for the same uses and purposes only, as the same are or otherwise would be 
held by the said trustees of the Board of Domestic Missions of the Genera'i 
Assembly of the Presbyterian Church in the United States of America ; and 
it is hereby further provided and declared that all grants, conveyances, devises 



OF THE GENERAL ASSEMBLY. 347 

and bequests which shall be made, or purport to be made, to the said corpora- 
tion last named shall be deemed and taken to be made to the said the Board 
of Home Missions of the Presbyterian Church in the United States of America 
with the same effect as if made directly thereto. 

W. Elliott, 
Speaker of the House of Representatives. 
Geo. H. Anderson, 

Speaker of the Senate. 

Approved the twenty-ninth day of January, Anno Domini one thousand 
eight hundred and seventy-three. 

J. F. Hartranft. 

Office of the Secretary of the Commonwealth, 
Harrisburg, February 7, A.D. 1873. 
Pennsylvania, ss. 

I do hereby certify, That the foregoing and annexed is a full, true and 
j ^ correct copy of the original Act of the General Assembly, entitled 
"An Act to authorize the Trustees of the Board of Domestic Mis- 
sions of the General Assembly of the Presbyterian Church in the 
United States of America to transfer the property held by them to the Board 
of Home Missions of the Presbyterian Church in the United States of America, 
and to declare the latter corporation to be the legal successors of the former," 
as the same remains on tile in this office. 

In testimony whereof, I have hereunto set my hand and caused the seal of the 
Secretary's office to be affixed the day and year above written. 

M. S.Quay, Secretary of the Commonwealth. 

7. Principles and rules for the work of Home Missions. 

1. Within the bounds of a Presbytery the work of the Board of Home 
Missions should be carried on in harmony with the Presbytery, according 
to the principles and rules hereinafter stated; but a discretion should be 
allowed to the Board in outlying districts, where direct Presbyterial 
control is difficult or impracticable. 

2. The Board should not, in ordinary cases, decline to grant an appro- 
priation recommended by a Presbytery, unless, in its judgment, after 
viewing the whole field to be supplied, it shall appear that the funds at 
its disposal are all needed for more deserving or more promising work ; 
and whether it does thus appear must be determined by the Board. 
But in all questions touching the organization of churches or the 
character of ministers, the Board, in case of difference between itself and 
the Presbytery, should abide by the final judgment of the Presbytery. 

3. The formal issuing of commissions should be discontinued, and in 
lieu thereof the Board shall issue to the missionary an agreement for the 
amount to be paid to him. 

4. Synodical missionaries should hold to the Board the same relation 
as other missionaries whose support is provided, in whole or in part, by 
the Board, and their work shall be conducted in harmony with the inter- 
ests of the Synod and of the Board. 

5. No church shall be organized by a missionary within the limits of 
any Presbytery, unless authority has previously been obtained from the 
Presbytery. 

6. Each Synod shall appoint a Home Missionary Committee, to consist 
of the chairmen of the Presbyterial Committees within its bounds. The 
Committee shall meet annually, near or during the meeting of the Synod. 
It shall be the duty of the Committee to ascertain, as nearly as possible, 
the whole number of churches and missionary fields needing aid within 
the bounds of the Synod, and, as nearly as possible, equalize the salaries 



348 FORM OF GOVERNMENT, CHAP. XII. 

of missionaries in the Presbyteries. They shall ascertain the amount it 
will be fair to expect for the work of home missionaries from the churches 
of the Synod, and, as nearly as possible, determine the amount of aid 
that will likely be asked for the support of missionary work within the 
bounds of the Synod. The Committee shall confer, when practicable, 
with the representatives of the Board. These Synodical Committees 
shall, as soon as possible after the meetings of the Synod, report to the 
Board the necessities of the fields, and the probable amount of money 
required, together with the probable contributions from the Synods to 
the Board. The reports of these Synodical Committees shall be sent 
every year to the Assembly, and be referred, either to a Special Com- 
mittee, or to the Standing Committee of the Assembly on Home Missions. 
The Committee, after considering the wants of the whole field, as they 
shall be set forth in the reports from the various Synods, shall make their 
report to the Assembly, with such recommendations as the exigencies of 
the work may seem, in their judgment, to require. — 1883, pp. 643, 
644. 

8. The school work: Woman's Executive Committee, or Board of 
Home Missions. 

a. The organization of our Christian women in several of our large 
cities, with auxiliaries in a large number of the churches, in behalf of 
Foreign Missions, has infused new life into the work for the heathen, and 
has brought large increase to the resources of that excellent Board, 
without diminution of other contributions. To some extent, such societies 
have also helped forward the cause of Home Missions, both in money 
and in sending boxes of clothing to the families of missionaries. Memo- 
rials have reached the Committee from different parts of the Church, 
asking for some more effective plan of woman's work for the evangeliza- 
tion of our own land. We beg leave to suggest that the Assembly now 
recommend the organization of a Woman's Home Missionary Society, 
with auxiliary societies, under the advice and counsel of the Board of 
Home Missions, or its officers. And, further, that the formation of dis- 
tinct auxiliary societies be recommended, in those churches in which this 
course may be deemed expedient, and that in those in which one society 
only — embracing, if possible, all the ladies in the church — may seem 
best, the disposition of its funds be left to the determination of every such 
society for itself. Such recommendation, without restricting the liberty 
of the women of each congregation, will express the clear judgment of 
the Assembly, that home evangelization and the conversion of the heathen 
are one and the same work of the Lord. In the distinction and the 
blending this is but following the Master, who said, " But ye shall receive 
power after that the Holy Ghost is come upon you ; and ye shall be wit- 
nesses unto me both in Jerusalem, and in all Judea and in Samaria, and 
unto the uttermost parts of the earth." Adopted. — 1875, p. 489; 
1878, p. 110. 

b. The report of the Board, and also the overtures from the Presby- 
teries of Utah and Colorado, present for the consideration of the Assem- 
bly a subject which, so far as the work of this Board is concerned, is 
entirely new, viz. , the establishment of schools as distinct from, and in 
advance of, the establishment of churches, and, consequently, the 
employment and commissioning of teachers as distinct from ministers of 
the Gospel. The report and the overtures inform us that such schools are 



OF THE GENERAL ASSEMBLY. 349 

already in operation through the use of funds specially contributed for 
the purpose, and the Assembly are asked to ' * authorize or advise, or at 
least approve, this new department of labor. 

In the progress of Home Mission work an emergency has arisen, call- 
ing for a change oi action on the part of the Board in the peculiar states 
of society in the Territories of Utah and Xew Mexico, and in a limited 
degree in the work already carried on among the Indians. 

The Home Board is the only one that does, or is likely to do. anything 
in either of the Territories mentioned. The work is peculiar, arising 
from the utter absence of anything like a true Christian population to 
which the work of Home Missions can at rlrst come. 

In these Territories, we must be^in at the very bottom: and it is found 
practically necessary, in order to success, to have schools under direct 
conduct of the missionaries. Such schools care not for secular instruction 
alone, but for religious instruction in connection with direct Gospel 
instruction. These schools should not be left uncontrolled; and it seems 
eminently desirable that the Board should control them. We would 
recommend, then, that the Board be allowed to sustain such schools by the 
payment of the teachers needed: such teachers to be recommended by the 
Presbyteries in which they are, and commissioned by the Board. It is 
expected that the funds for such schools will be raised by laches mainly. 
Adopted. — 1877, p. 513. 

We call the attention of the Assembly to the fact that, according to 
their advice, a " Woman's Executive Committee of Home Missions of 
the Presbyterian Church " has been formed, having its office and treas- 
urer in New York. — 1879, p. 594. 

[Nora. — See Report of Board of Home Missions. 1879, pp. 678, 679 : 1881, p. 531 : 1882, 

p. 38 : 1883, p. 603 : and annually thereafter : 1S96, p. 50 : 1S97. p. 45. Known now as 
the Woman's Board of Home Missions.] 

The Sustentation Scheme. 

[Xote. — In 1S71. Minutes, pp. 556-561. the Special Committee appointed in 1S70 pre- 
sented a scheme of sustentation which was adopted. For the scheme and its modifi- 
cations and amendments see Moore's Digest. 1SS6. pp. 452-455 and 561-566. In 1594 
the Assembly :] 

Resolved, That the Board of Home Missions be authorized to use 
yearly the surplus fund winch may hereafter come into the treasury to the 
credit of the old Sustentation Scheme for the general work of Home 
Missions; that the Sustentation column in the Minutes of the General 
Assembly be abolished, and that the gifts to Sustentation be included in 
the Home Mission column. — 1894, p. 137. 

II. THE BOARD OF FOREIGN MISSIONS. 

1. History. 

The work of Foreign as well as of Home Missions was under the 
care of " The Board of Missions" until 1837. when it was 

Resolved, That the General Assembly will superintend and conduct, 
by its own proper authority, the work of Foreign Missions of the Pres- 
byterian Church, by a Board appointed for that purpose and directly 
amenable to said Assembly. 

[Nora. — See for the Constimtion of the Board of Foreisn Missions as then adopted. 
Digest. 1888, pp. 430, 431. 

A very full account of the various steps taken by the Church in the interests of 
Foreign Missions will be found in Baird's Digest, 1S55. pp. 363-374. 

The New School Assembly cooperated with the American Board of Commissioners 
for Foreign Missions up to the time of the reunion in 1870. 



350 FORM OF GOVERNMENT, CHAP. XII. 

In 1854 a Standing Committee was appointed, which was incorporated by the 
Legislature of Pennsylvania, April, 1865, under the title of " The Permanent Com- 
mittee on Foreign Missions of the General Assembly of the Presbyterian Church in 
the United States of America." 

See for this Charter, Digest, 1886, pp. 432, 433. Upon the reunion the Assembly 
adopted the following :] 

2. The organization of the Board of Foreign Missions. 

The Board of Foreign Missions shall hereafter consist of fifteen mem- 
bers besides the Corresponding Secretaries and the Treasurer, who shall 
be members ex- officio. 

The term of service of the present members of the Board, the Execu- 
tive Committee and the Permanent Committee shall end with the first 
meeting of the Executive Committee after the dissolution of the General 
Assembly, when a new Board shall be constituted. 

This Assembly will select fifteen members of the Board in three classes 
of five each. The first shall serve three years, the second class two years 
and the third class one year. 

Each subsequent General Assembly shall elect five members of the 
Board to hold office for three years, and shall fill any vacancies in either 
of the other classes for the unexpired term of service. 

Any five members of the Board shall form a quorum. 

One of the ex- officio members, to be designated by the Board, shall be 
entitled to a seat in the General Assembly as a corresponding member on 
all subjects relating to Foreign Missions. 

Besides the duties already committed to their charge the Board shall 
perform the duties heretofore assigned to the Executive Committee of the 
Board and to the Permanent Committee on Foreign Missions, in so far as 
these have not been superseded or modified by this minute. — 1870, p. 46. 

3. Alterations necessitated by legislation. 

The Committee further report that on the 12th of March, 1872, the 
following Act was passed by the New York Legislature in relation to 
trustees and directors of charitable and benevolent institutions: 

Section 1. No trustee or director of any charitable or benevolent institu- 
tion organized either under the laws of the State or by virtue of a special char- 
ter, shall receive, directly or indirectly, any salaiy or emolument from said 
institution, nor shall any'salary or compensation whatever be voted or allowed 
by the trustees or directors of any institution organized for charitable or 
benevolent purposes to any trustee or director of said institution for services 
either as trustee or director or in any other capacity. 

In view of the above Act, the Committee recommend the adoption of 
the following resolution: 

In view of the Act of the Legislature of New York concerning chari- 
table and benevolent institutions, passed March 12, 1872, that the 
Constitution of the Board of Foreign Missions be so changed that the 
executive officers shall hereafter be consulting members only, without the 
right to vote, but having the right to propose resolutions and discuss all 
matters before that body; and further, that the quorum necessary to 
transact business be reduced to four. — 1872, p. 42. 

4. Charter of the Board of Foreign Missions. 

An Act to incorporate the Board of Foreign Missions of the Presbyterian Church 
in the United States of America. — Passed April 12, 1862. Chapter 187. 

The people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 

Section 1. Walter Lowrie, Gardiner Spring, William W. Phillips, George 



OF THE GENERAL ASSEMBLY. 351 

Potts, William Bannard, John D. Wells, Nathan L. Rice, Robert L. Stuart, 
Lebbeus B. Ward, Robert Carter, John C Lowrie, citizens of the State of New 
York, and such others as they may associate with themselves, are hereby con- 
stituted a body corporate and politic for ever, by the name of the Board of 
Foreign Missions of the Presbyterian Church in the United States of America, 
for the purpose of establishing and conducting Christian missions among the 
unevangelized or pagan nations and the general diffusion of Christianity ; 
and by that name they and their successors and associates shall be capable of 
taking by purchase, grant, devise or otherwise, holding, conveying or other- 
wise disposing of any real or personal estate for the purposes of the said cor- 
poration, but which estate within this State shall not at any time exceed the 
annual income of twenty thousand dollars. 

Sec. 2. "The said corporation shall possess the general powers, rights and 
privileges, and be subject to liabilities and provisions, contained in the eigh- 
teenth^chapter of the first part of the revised statutes so far as the same are 
applicable, and also subject to the provisions of chapter three hundred and 
sixty of the laws of eighteen hundred and sixty. 

Sec. 3. This Act shall take effect immediately. 

5. Amendment of the Charter. 

An Act to amend chapter one hundred and eighty-seven of the laws of eigh- 
teen hundred and sixty-two, entitled "An Act to incorporate the Board of 
Foreign Missions of the Presbyterian Church in the United States of 
America," and to regulate the number of trustees. — Became a law, April 
19, 1894, with the approval of the Governor. Passed: three-fifths being 
present. 
The people of the State of New York, represented in Senate and Assembly, 

do enact as follows : 

Section 1. Section three of chapter one hundred and eighty-seven of the 
laws of eighteen hundred and sixty-two, entitled "An Act to incorporate the 
Board of Foreign Missions of the Presbyterian Church in the United States of 
America," is hereby amended to read as follows : 

Sec 3. "The management and disposition of the affairs and property of the 
said Board of Foreign Missions of the Presbyterian Church in the United 
States of America shall be vested in twenty-one trustees, who shall be 
appointed from time to time by the General Assembly of the Presbyterian 
Church in the United States of America for such terms as the Assembly may 
determine. But the number of such trustees may be increased or decreased at 
any time by the said General Assembly, and in case of an increase the addi- 
tional trustees shall be appointed by such General Assembly of the Presbyte- 
rian Church in the United States of America ; Provided, however, That the 
members of the Board, as at present constituted, shall continue to hold office 
until their successors have been appointed by the General Assembly. Not 
less than eleven members of the Board shall constitute a quorum for the 
purpose of electing officers, making by-laws, or for holding any special meet- 
ing ; but for all other purposes, and at stated meetings, five shall be a quorum." 

Sec 2. This Act shall take effect immediately. — Laws of 1894, Chapter 326. 

[Note.— See Minutes, 1894, pp. 73, 74.] 

III. THE BOARD OF EDUCATION. 

1. History. 

[Note. — For a full history of the early efforts of the Presbyterian Church to enlarge 
her ministry by aiding pious youth needing assistance, see Baird's Digest, revised 
edition, pp. 388-401. In 1819 the Assembly resolved to establish a General Board of 
Education.— Minutes, 1819, p. 712. 

For the constitution of the Board and its charter obtained in 1811, and amended in 
1852, see Moore's Digest, 1886, pp. 353-355. 

With such amendments as experience showed to be necessary, the Assembly, 0. S., 
conducted its work of education for the ministry from 1838 to the reunion. For 
various amendments of the plan, see Baird, as above, pp. 401-412. 

From 1838 to 1854 the N. S. branch cooperated chiefly with the American Education 
Society or its branches. In 1854 the "Permanent Committee of Education for the 
Ministry " was established. — Minutes, 1854, pp. 506, 507. By the Assembly of 1856 the 
plan was more fully matured, pp. 222-224; see also 1857, pp. 388-392. A charter 



352 FORM OF GOVERNMENT, CHAP. XII. 

obtained from the Legislature of New York, April 17, 1858, was accepted and approved 
by the Assembly.— 1858, pp. 597, 598. 

For the charter of the " Permanent Committee on Education for the Ministry," see 
Moore's Digest, 1886, pp. 355, 356.] 

2. The Board of Education of the reunited Church. 
The Joint Committee appointed by the General Assembly of the Pres- 
byterian Church to adjust the affairs of the " Board of Education," and 
of the ' ' Permanent Committee on Education, " so as to adapt them to 
the new condition of things in the now united Church, met, according to 
the call of the chairmen of the respective Committees, in the .rooms of 
the Board of Education in Philadelphia, February 9, and also again at 
an adjourned meeting May 18, and after mature consideration they have 
agreed upon and recommend the following Constitution for adoption by 
the General Assembly: 

3. Constitution of the Board of Education. 

Article I. 

Title. — There shall be a Board of Education under the corporate title 
of " The Board of Education of the Presbyterian Church in the United 
States of America." 

Article II. 

Objects. — The Board of Education shall be the organ of the General 
Assembly of the Church for the general superintendence of the Church's 
work in furnishing a pious, educated and efficient ministry, in sufficient 
numbers to meet the calls of its congregations, to supply the wants of the 
destitute classes and regions in our own country, and to go into all the 
world and preach the Gospel to every creature. It shall provide for the 
collection and judicious distribution of the funds which may be requisite 
in the proper education of candidates for the ministry under its care, and 
it shall, in cooperation with the ecclesiastical courts, do whatever may 
be proper and necessary to develop an active interest in education through- 
out the Church. 

Article III. 

Members. — The General Assembly shall elect the members of the 
Board. The Board shall consist of twelve members * (besides those who 
shall be members ex-offieio), of whom six shall be ministers and six lay- 
men of the Presbyterian Church. The members shall be divided into 
three equal classes, consisting of two ministers and two laymen each, to 
serve respectively for the terms of one, two and three years. At any 
meeting of the Board, regularly convened, five members shall constitute 
a quorum to transact business. The Board shall also have power to fill 
any vacancy by resignation, death or otherwise until the next meeting 
of the General Assembly. 

Article IV. 

Officers. — Section 1. The Board shall elect its officers annually by 
ballot. They shall consist of a President, Vice-President, Corresponding 
Secretary and Treasurer. The Corresponding Secretary and Treasurer 
shall be ex-officio members of the Board. All other officers must be mem- 
bers of the Board at the time of their election. The Board shall have 

* Increased by the addition of one minister and one elder to each class, making the 
Board to consist of eighteen members instead of twelve. — 1876, p. 25. 



OF THE GENERAL ASSEMBLY. 353 

gular meetings, to nil vacancies which may have 
occurred in any of the above offices by death, resignation or otherwise, 
when due notice of such election shall be given. 

Sec. 2. The Corresponding Secretary shall be the execu: 
the Board. He -hall take charge of the office, conduct the corres 
deuce and superintend the publications of the Board, prepare the regular 
business for its meetings, and always be considered as its official org 
He shall, as tar as he can. visit the Synods and Presbyteries, for the 
purpose of awakening their interest and concentrating their energies in 
this w.;>rk. visit the students aided by the Board, and exercise a general 
supervision over thern. employ the means necessary to bring to the atten- 
tion of young men the claims and ends of the ministry, and discharge 
such other duties as may be assigned to him from time to time by the 
Board, in furtherance of the general object of education for the ministry. 
He shall also have authority to employ such assistance as in the judgment 
of the Board may be deemed necessary. 

Sbc. 3. The Treasurer shall have charge of all the funds of the Board, 
and shall disburse the same under its direction. He shall keep a com- 
plete register of the students under the care of the Board, and an account 
with them individually. He shall give bonds tor the proper discharge 
of his duties. 

Article V. 

F - s. — Section 1. The Board shall act through the Presbytc 

of the Church. Candidates for the ministry, when properly examined 
and received by the Presbyteries and recommended for aid to the Board. 
shall receive the amount specified within the limits prescribed by the As- 
sembly, provided in all cases that a discretionary power, necessary to the 
general trust committed, shall be exercised by the Board, and the Board 
shall require that each recommendation shall be accompanied with such 
information as may be necessary to the intelligent and judi 
pertbrmance of its duties. 

Sbc. 2. It shall exercise a general supervi sory care over the students, 
through annual renewals of reeornniendations from Presbyteries and 
quarterly reports from instructors, through the correspondence of its 
Secretary and his personal visits to literary and theological institutions 
and the judicatories of the Church, and by other appropriate instrumen- 
talities. 

Sbc. 3. It shall take all suitable means to inform the Church as : 
duties and interests relating to the consecration of her young men : 
office of the ministry and their sound and thorough education, and to 
urge the effective care of her judicatories over them, audit shall make 
such statements and appeals as are calculated to secure contributions 
sufficient for the accomplishment of its ends. It shall make a full annual 
report of its work to the G-eneral Assembly. 

Artiek VI. 

Rel the JVes la the B • : . — It shall be the duty of 

each Presbytery to see that collections are taken up annually for this 
cause in all the churches under its care: to make the increase of candi- 
dates for the ministry a topic <:>f serious consideration in its meetin_ 

nee a year : to appoint a Standing Committee to act for the Pres- 
bytery in all matters pertaining to this cause when it is not in session : to 
-J 



354 FORM OF GOVERNMENT, CHAP. XII. 

recommend to the Board proper cases for its aid, and to make an annual 
report of the transactions of the Presbytery on the whole subject to the 
Board, previous to the meeting of the General Assembly. 

Article VII. 

Duties of Synods. — It shall be the duty of the Synods to call up this 
subject annually, to inquire what the Presbyteries and churches under 
their care are doing in relation to it, and to adopt such measures as shall 
promote the interests of this department of Christian work. 

Article VIII. 

By-Laws. — The Board shall have power to make for itself all necessary 
by-laws, not inconsistent with this Constitution, subject to the approval 
of the General Assembly. 

The Joint Committee present also for the consideration of the General 
Assembly the following resolutions: 

1. That the Secretary shall have the privilege of a corresponding 
member of the General Assembly in the discussion of all matters pertain- 
ing to the work of education. 

2. That the Board of Education shall be located in the city of Phila- 
delphia, Pa. 

3. It is recommended to the General Assembly to instruct the Board of 
Education to take such legal steps as are necessary to secure to it the 
present property of the Board of Education located at Philadelphia, and 
of the Permanent Committee located at New York, so that this property, 
and any funds with which either is or may be entrusted, or which may 
hereafter be received by bequest or otherwise for purposes of ministerial 
education, shall be managed by one and the same Board and its succes- 
sors, as trustees thereof, and that said Board have authority to apply for 
and obtain a charter of incorporation or such modification of the existing 
charter as they may deem proper. It is further recommended that the 
organizations of the " Permanent Committee on Education" and the 
" Board of Education " be continued, so far as may be necessary for the 
purpose of holding and transferring to the Board of Education, as arranged 
by the present General Assembly, such funds and trusts as may have 
been or shall be committed to them. Adopted. — 1870, pp. 81-84. 

4. Act of incorporation of the Board of Education. 

Legislature of Pennsylvania. 

An Act to incorporate The Board of Education of the Presbyterian Church 
in the United States of America, and to make them the successors of The 
Trustees of the Board of Education of the Presbyterian Church in the 
United States of America, and of The Permanent Committee on Educa- 
tion for the Ministry of the General Assembly of the Presbyterian Church 
in the United States of America. 

Whereas, The two religious bodies heretofore existing, each under the name 
of the General Assembly of the Presbyterian Church in the United States of 
America, have united the congregations under their care, and the General 
Assembly of the Church thus united, which met in Philadelphia on the nine- 
teenth day of May, Anno Domini one thousand eight hundred and seventy, 
and which is the legal successor of both the former bodies, has directed that 
the work of assisting pious young men in their education for the ministry of 
the said Church shall be hereafter carried on under its direction by one Board, 
the location of which has been fixed in the city of Philadelphia ; therefore, 

Section 1. Be it enacted by the Senate and House of Representatives of the 



OF THE GENERAL ASSEMBLY. 35") 

Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by authority of the same : That Herrick Johnson, Elias R. Beadle, 
Thomas J. Shepherd, Benjamin L. Agnew, Peter Stryker, Alexander Reed, 
Morris Patterson, Samuel Field, Benjamin B. Comegys, Henry D. Gregory, 
Benjamin Kendall and James F. Gayley, who were elected at the said meet- 
ing of the said General Assembly in May, Anno Domini one thousand eight 
hundred and seventy, as The Board of Education of the said Church, and 
their successors, are hereby constituted and declared to be a body politic and 
corporate, which shall henceforth be known by the name of The Board of 
Education of the Presbyterian Church in the United States of America, and 
as such shall have perpetual succession, and be able to sue and be sued in all 
the courts of record and elsewhere, and to purchase and receive, take and 
hold, to them and their successors for ever, lands, tenements, hereditaments, 
money, goods and chattels and all kinds of estates which may be devised, be- 
queathed, conveyed or given to them, and the same to sell, alien, demise and 
convey ; and also to make a common seal and the same to alter and renew 
at their pleasure ; and also to make such rules, by-laws and ordinances as may 
be needful for the government of the said corporation, and not inconsistent 
with the Constitution and laws of the United States and of this State ; Pro- 
vided always, That the clear yearly value of the real and personal estate held 
by the said corporation shall not at any time exceed the sum of twenty thou- 
sand dollars. 

Sec. 2. The corporators above named shall hold their office until their suc- 
cessors are duly qualified to take their places, who shall be chosen by the said 
The General Assembly of the Presbyterian Church in the United States of 
America, at such time and in such a manner as it shall direct ; Provided, Not 
more than one-third of the said Board shall be removed in any one year. 

Sec. 3. The Board hereby incorporated and their successors shall, subject 
to the direction of the said General Assembly of the Presbyterian Church in 
the United States of America, have full power to manage the funds and prop- 
erty committed to their care in such manner as shall be deemed most advan- 
tageous, not being contrary to law. 

Sec. 4. That the Trustees of the Board of Education of the Presbyterian 
Church in the United States of America, heretofore incorporated under the 
laws of this Commonwealth, are hereby authorized to assign, transfer and 
convey unto the corporation established by this act all the property; estates 
and rights of any and every description now held or enjoyed, or which may 
hereafter be helcl or enjoyed by them, by virtue of any grant, gift, bequest or 
devise, and the said The Board of Education of the Presbyterian Church in 
the United States of America hereby established shall be and become the full 
legal successor of all the corporate rights, franchises and privileges now 
belonging to the said The Trustees of the Board of Education of the Presby- 
terian Church in the United States of America, and shall and may hold, use 
and enjoy all the property, estates and rights assigned, transferred or con- 
veyed, so as aforesaid, in the same manner and to the same extent, but sub- 
ject to the same limitations and trusts as the said The Trustees. of the Board 
of Education of the Presbyterian Church in the United States of America 
might have done, and shall be entitled to receive, sue for and recover all lega- 
cies or devises which have heretofore been or may hereafter be made to the 
said The Trustees of the Board of Education of the Presbyterian Church in 
the United States of America. 

Sec. 5. That in case the requisite power shall be given by the proper author- 
ity of the State of New York to the said The Permanent Committee on Educa- 
tion for the Ministry of the General Assembly of the Presbyterian Church in 
the United States of America, a corporation established by the Legislature of 
the said State of New York, to assign, transfer and convey unto the corpora- 
tion established by this act all the property, estates and rights, of any and 
every description, now held or enjoyed, or which may hereafter be held or 
enjoyed, by them, by virtue of any grant, gift or bequest or devise, and in 
case the said proper authority of the State of New York shall also give full 
power to the corporation hereby established, thereupon to be and become the 
legal successors of all corporate rights, franchises and privileges now belong- 
ing to the said The Permanent Committee on Education for the Ministry of 
the General Assembly of the Presbyterian Church in the United States of 
America to all intents and purposes, the said corporation hereby established is 
authorized to accept and receive the assignment, transfer and conveyance 



356 FORM OF GOVERNMENT, CHAP. XII. 

made as aforesaid, and upon such assignment, transfer or conveyance being 
made, and also upon the granting of power by the proper authority of the 
State of New York to the corporation hereby established to become the full 
legal successors as aforesaid of the said The Permanent Committee on Educa- 
tion for the Ministry of the General Assembly of the Presbyterian Church in 
the United States of America, the Board of Education of the Presbyterian 
Church in the United States of America hereby established shall be and 
become the full legal successors of all the corporate rights, franchises and 
privileges now belonging to the said The Permanent Committee on Education 
for the Ministry of the General Assembly of the Presbyterian Church in the 
United States of America, and may and shall hold, use and enjoy all the prop- 
erty, estates and rights assigned, transferred or conveyed so as aforesaid in 
the same manner and to the same extent, but subject to the same limitations 
and trusts, as the said The Permanent Committee on Education for the Minis- 
try of the Genera] Assembly of the Presbyterian Church in the United States 
of America might have done, and shall be entitled to receive, sue for and 
recover all legacies and clevises which have heretofore been or may hereafter 
be made to the said The Permanent Committee on Education for the Ministry 
of the Presbyterian Church in the United States of America. 

James H. Webb, 
Speaker of the House of Representatives. 

William H. Wallace, 

Speaker of the Senate. 

Approved the twelfth day of May, one thousand eight hundred and seventy- 
one. 

John W. Geary, Governor. 

5. Act authorizing the transfer of property of the Permanent Committee 
on Education to the Board of Education. 

Legislature of New York. 

An Act to enable "The Permanent Committee on Education for the Ministry 
of the General Assembly of the Presbyterian Church in the United States 
of America" to transfer its property to the new Board created by the 
General Assembly, when the same shall have been incorporated, and to 
vest in such new incorporation the rights, franchises and privileges of 
the former body. 

The people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 

Section 1. The said "Permanent Committee on Education for the Ministry 
of the General Assembly in the United States of America " are hereby author- 
ized and empowered to assign, transfer and convey to the said The Board of 
Education of the Presbyterian Church in the United States of America, when- 
ever the same shall have become duly incorporated, all the property, estates 
and rights of any and every description now held or enjoyed, or which may 
hereafter be held or enjoyed, by them, by virtue of any grant, gift, bequest 
or devise, and the said The Board of Education of the Presbyterian Church 
in the United States of America, whenever the same shall have become duly 
incorporated as aforesaid, shall thereupon be and become the full legal succes- 
sors of all the corporate rights, franchises and privileges now belonging to 
the said "The Permanent Committee on Education for the Ministry of the 
General Assembly of the Presbyterian Church in the United States of 
America." 

Sec. 2. This Act shall take effect whenever the several persons elected at 
the meeting of the General Assembly of the Presbyterian Church, in May, 
eighteen hundred and seventy, as the Board of Education, shall have been 
duly incorporated. 

Approved the twentieth day of April, Anno Domini one thousand eight 
hundred and seventy-one. 

John T. Hoffman, Governor. 



OF THE GENERAL ASSEMBLY. 357 

State of New York, ) 
Office of the Secretary of State, $ ' ' 

I have compared the preceding with the original law on file in this office, 
and do hereby certify that the same is a correct transcript therefrom, and of 
the whole of said original law. 

Given under my hand and seal of office at the city of Albany, 
L.S. this eighth day of May, in the year one thousand eight hun- 

dred and seventy -one. 

D. Willers, Jr., Deputy Secretary of State. 

6. Rules. Candidates for the ministry. 

(i) Dependence of the Board of Education upon the Presbyteries 
of the Church. 

1. The Board of Education shall receive and aid candidates for the 
ministry of the Gospel only upon the recommendation of a Presbytery 
of the Church; and the Presbytery is responsible for their examination, 
subsequent care, and the designation of the annual amount of aid to be 
granted to them, within the limits set by the General Assembly. 

2. The Board will in each case look especially to the Education Commit- 
tee of the Presbytery for filling out and forwarding the form of recom- 
mendation required for the reception of a candidate, and also for the 
pastoral care of the same, until his entrance upon his official duties. 

3. As a general rule, the Board Avill receive any young man of whose 
examination and recommendation in conformity with its requirements 
proper notification has been given; but it shall be at liberty to refuse 
new candidates beyond its ability to support them; and it will not give 
aid to students from the foreign missionary field unless they have been 
recommended by our foreign missionaries abroad, or have come to study 
in this country by a special invitation given from this Board upon the 
request of other duly recognized Church authorities, or of missionaries 
resident on the fields from Avhich they come. 

(#) Reception of candidates. 

1 . The encouragement of a voting man to enter the Gospel ministry is 
a matter of serious concern both to himself and to the Church ; and it 
should be given only by those who have proper knowledge of his mental 
and moral character, accompanied with much counsel and prayer, and 
directly by a single desire for the glory of God. Every candidate should 
join that Presbytery to which he would most naturally belong ; and he 
should be introduced to it either by his pastor or by some member of the 
Education Committee after such acquaintance as will warrant his taking 
the responsibility of so doing. 

2.* The Presbytery, in examining students with a view to their recom- 
mendation for aid, must embrace such points as are indicated by the 
following questions, to which definite answers, by the direction of the 
Assembly, will invariably be required by the Board: Give name of can- 
didate in full. Age ? Kesidence ? Has Presbytery (or the Education 
Committee in the interim between the meetings of Presbytery) examined 
him on the following points, and were his answers satisfactory : — Piety ? 
Motives for seeking the ministry ? Talents ? Health ? Promise of prac- 
tical efficiency ? Is he free from expensive and injurious habits ? How 
long has he been a communicant in a Presbyterian church ? Give the 

* This rule is as altered in 1897. See Minutes, 1897, p. 33, g 2. 



358 FORM OF GOVERNMENT, CHAP. XII. 

name of the church. If in an academy, give name of academy and class. 
If in college, or ready to enter, give name of college and class. If in 
seminary, or ready to enter, give name of seminary and class. If in a 
theological seminary, has he pursued a full collegiate course ? If so, 
give the name of the college of which he is a graduate. If not a college 
graduate, has he had the equivalent of a college course ? If so, send a 
detailed statement of his previous studies and career. Has he been 
recommended to Presbytery by his church Session ? Can he recite the 
Westminster Shorter Catechism ? What is the smallest amount required 
to meet his really necessary expenses to the end of the fiscal year, viz. , 
April 1 ? Has he read a copy of the rules ? Does he accept the 
requirements contained in them ? At a meeting of the Presbytery of 

(or of the Education Committee) held at on the 

day of 18 , the candidate for the ministry named above, having 

been satisfactorily examined as to the points indicated by the foregoing 
questions, was recommended to the Board of Education for aid to the 
amount specified. Signed by Chairman Educational Committee. 

3. No candidate shall be received by the Board who has not been a 
member of the Presbyterian Church, or of some closely related body, for 
at least one year ; who has not been recommended to the Presbytery by 
the Session of the church of which he is a member; and who is not 
sufficiently advanced in study to enter college, except in extraordinary 
cases. 

(3) Scholarships. 

1 . The annual scholarships to candidates shall be the same in amount for 
theological and collegiate students, and not exceed $150; for those in 
the preparatory course the amount shall not exceed $100. 

2. These scholarships shall be paid to a student only on the reception 
of particular and satisfactory reports from his professors, embracing the 
following points: Christiau character ? Scholarship ? Rhetorical abil- 
ity "? Punctuality ? Economy ? 

3. The Board may increase or diminish, in a general ratio, the scholar- 
ships in case of unusual surplus or deficiency in funds. 

4. No payment shall be made in advance. Each payment shall 
be acknowledged by a receipt signed by the candidate, or by the 
person authorized by him to receive it. And this receipt shall contain a 
pledge to return the amount given, with interest, in case he of his own 
accord turn aside from his ministerial calling. 

5. In order to suit the period when the students most need assistance, 
and when the reports from professors can be most satisfactorily made, 
the reports shall ordinarily be made on the first days of October, Janu- 
ary and April. The payments of a student whose recommendation is 
made at any time between those days may be expected to commence at 
the date of it. 

6. The Board will in no case be responsible for the debts of students; 
but it is expected of them that the scholarship shall be first applied to 
the payment of tuition and boarding. 

7. The payments to the candidates shall cease regularly at the close of 
the collegiate year; or earlier, when the time for which they were recom- 
mended by the Presbytery has expired; and also as soon as it is deter- 
mined that they are suffering from prolonged ill health which may unfit 



OF THE GENERAL ASSEMBLY. 359 

them for the work of the ministry ; or as soon as their private circum- 
stances enable them to dispense with assistance ; and if they have been 
manifestly improvident, or have contracted debts without reasonable 
prospect of payment, or if they have married since the last payment, or 
if thev have received assistance from any other educational Board or 
Society, the entire three months' appropriation shall be forfeited. 

8. The sums of money appropriated by the Board shall be . refunded 
to it, with interest, in case a student fails to enter on, or continue in, 
the work of the ministry (unless it appears that he is providentially 
prevented); or if he ceases to adhere to the Standards of the Presbyte- 
rian Church; or if he changes his place of study contrary to the direc- 
tions of the Presbytery, or continues to prosecute his studies at an 
institution not approved by it or by the Board; or if he withdraws his 
connection from the Church of which this Board is the organ, without 
furnishing a satisfactory reason. 

9. A scholarship afforded by the Presbyterian Church, through the 
Board of Education, is not to be given or regarded as a loan, to be 
refunded by those who comply with these rules and regularly enter the 
ministry, but as her cheerful contribution to facilitate and expedite their 
preparation for it ; and they are only obliged by it to a warmer interest 
in her efforts for the advancement of the Redeemer's kingdom, and 
especially to the use of the means necessary to instruct and stimulate her 
members in the duty of multiplying and sending forth preachers of the 
Gospel of salvation to all the world. 

10. While the Church, in providing scholarships for her candidates, 
makes no specific conditions as to the particular kind of service in the 
ministry which they will be expected to render upon the completion of 
their theological training, nor as to the character or situation of the place 
where they shall labor, nevertheless her judgment is that they ought to 
cultivate a missionary spirit as Christlike, apostolic and timely ; and that 
it would be highly becoming in them, under all ordinary circumstances, to 
offer their services at the conclusion of their education, for work in mis- 
sionary fields; ever remembering the abounding destitution in our own 
country, as well as in foreign lands ; the peculiar fitness of young men 
for such work; the honor, privilege and advantage pertaining to it; the 
natural expectations of the Church which has trained them in the hope 
that they would endure hardness as good soldiers; and, above all, the 
spirit of the last command of our ascended Lord. 

(4) Care of candidates. 

1. Candidates are required, except in extraordinary cases, and then 
only with the explicit permission of their Presbyteries, to pursue a 
thoreugh course of study, preparatory to that of theology, in institutions 
that sympathize with the doctrinal teachings of the Presbyterian Church; 
and, when prepared, to pursue a three years' course of theological studies 
in some seminary connected with the same Church, and no work of 
preaching is allowed to interfere with the diligent and faithful prosecution 
of their prescribed studies until the close. 

2. The Board can rely only upon the Education Committee of each 
Presbytery for the regular care of its own candidates, which should 
include the constant exercise of a parental oversight over them in spiritual 
things, and the bestowment of the counsel they need as to their mode of 
preparation, their place of study, their trials, and the occupation of their 



360 FORM OF GOVERNMENT, CHAP. XII. 

time, while not engaged in study, in employments which will tend to 
qualify them for effective usefulness as pastors or evangelists. 

3. The Board shall assist the Presbytery in its care of candidates, by 
furnishing annually to the Education Committee, a summary of informa- 
tion from the professors' reports' as to the standing of each student; and 
the Corresponding Secretary shall exercise a general supervisory care over 
them, also visit and address them, when practicable, at the institution 
where they are, in regard to their duties and the claims of the office 
which they have in view. 

4. The recommendation of each candidate must be annually renewed 
by his Presbytery, if possible, at the spring meeting, in connection with 
one from the Session of the church of which he is a member, and a 
specification must be made of the amount needed by him ; and until the 
notification of these points has been received, a student will not be 
considered as upon the roll for the year. 

5. Recommendations, or renewals of them, made by an Education 
Committee in the interim of the sessions of a Presbytery, shall be received 
as sufficient, provided its action is reported to the Presbytery at the next 
session, and not countermanded to the Board. 

6. If, at any time, there be discovered in a student such defect in 
capacity, diligence, and especially in piety, as would render his introduc- 
tion into the ministry a doubtful measure, it shall be the sacred duty of 
the Board to communicate without delay the information received to the 
Education Committee of his Presbytery ; and if, on careful inquiry on 
the part of the Presbytery, no satisfactory explanation of the defect can 
be obtained, or if no response be received by the Board from the Pres- 
bytery or from its Committee on Education within the current quarter, it 
shall be the duty of the Board to withdraw its aid altogether. 

7. Special care should be exercised by the Presbytery in the examina- 
tion of students who are about to enter upon the theological course, 
according to the instructions of the Form of Government (Chap, xiv, 
Sec. iii) ; and this examination should be conducted by the Presbytery, 
and be entirely satisfactory as to the ' ' real piety ' ' of the students 
" and the motives which have influenced them to desire the sacred 
office," before they are allowed to take the final step towards assuming 
its great responsibilities. 

8. The annual report, occasional publications of this Board, and a 
copy of the Confession of Faith, shall be sent gratis to all students under 
its care who request them. 

(5) Particular duties of candidates. 

1. Inasmuch as the great aim of the Church, in the establishment of 
the Board of Education, is the increase of holy and faithful preachers of 
the Gospel, the young brethren who look to this work are earnestly and 
affectionately reminded that all intellectual acquisitions are of little value 
without the cultivation of piety, and that they are expected aud required 
to pay special attention to the practical duties of religion, such as read- 
ing the Scriptures ; secret prayer and meditation ; occasional acts of 
special consecration of themselves to Christ and to His service, as their 
Redeemer and as the Lord of all ; attendance at regular meetings on the 
Sabbath and during the week; endeavors to promote the salvation of 
others; and the exhibition at all times of a pious and consistent example. 

2. Inasmuch as the scholarships granted by the Board will necessarily 



OF THE GENERAL ASSEMBLY. 361 

fall short of a full support of the students, it will be expected that they 
and their friends will make all proper exertions to supply whatever may 
be wanting. 

3. When a student shall find it necessary to relinquish study for a 
time, in order to increase his means for support, by teaching or other- 
wise, he shall first obtain the consent of the Education Committee of the 
Presbytery, or of the Board ; and if, when given, he shall not be absent 
from study more than three months, his scholarship will be continued ; 
but if longer, it will be discontinued, or continued in part according to 
circumstances. 

4. It shall be the duty of each candidate connected with the Board to 
report himself, soon after the meeting of the General Assembly, to the 
Education Committee of his Presbytery, as to his progress, wants and 
prospects ; and when any of the requisitions of the Board which affect 
him may not be carried out by teachers or others, it becomes his duty to 
see that they are attended to, that delays and losses to himself may be 
prevented. 

5. The reception of a scholarship by a student shall be considered as 
expressing a promise to comply with all the rules and regulations of the 
Board. 

(6) Exceptional Cases. 

1. The Board will not ordinarily take under its care as candidates for 
the ministry any who have not completed a course preparatory to college. 
If exceptional cases are recommended by Presbyteries the Board should be 
certified that there has been a season of thorough trial and approval under 
competent teachers, through two or three years. 

2. Such students are not to expect the benefit of scholarships for more 
than two years before entering college. 

7. Plan for the encouragement of a missionary spirit in candidates. 

1. The Board of Education is hereby directed to use its influence to 
incline the candidates under its care, at the conclusion of their studies in 
preparation for the holy ministry, to offer their services, under all ordi- 
nary circumstances, for missionary labor for a longer or shorter period of 
time as the providence of God may indicate. 

And further, in order effectively to bring this influence to bear upon 
its candidates, the Board is hereby authorized to add the following to its 
rules relating to candidates for the ministry. 

"in. Scholarships.— 10." 

[Xote— See Rule 10, on p. 359.] 

2. It is hereby made the duty of the Board, through its Correspond- 
ing Secretary, by correspondence with the candidates, the Education and 
the Mission Committees of Presbyteries, Synodical Superintendents, and 
the Board of Home Missions, and the Mission Committees of Synods, to 
bring about, to as large a degree as possible, the employing of the proba- 
tioners of the Church in missionary labor at the conclusion of their 
studies. 

3. Each Theological Seminary is hereby requested to cooperate in this 
plan by so ordering the course of instruction, and the. general life of 
the seminary, as to put increased emphasis, if possible, upon the dignity, 
privilege, and preeminent importance, in this crisis of the world's history, 
of missionary labor; and to use its influence to incline the young men 



362 FORM OF GOVERNMENT, CHAP. XII. 

whom it has under its care, without distinction, to a willingness to conse- 
crate the strength and zeal of their early manhood to a task so appropri- 
ate to men in their situation, and so rich with promise of large results. 

4. The Presbyteries are hereby requested to cooperate by making 
themselves acquainted, through the Board of Education and the authori- 
ties of the theological seminaries, or otherwise, with the number and qual- 
ifications of the candidates who are prepared to offer themselves for mis- 
sionary service, and, as far as possible, to employ them promptly upon 
the conclusion of their studies ; that thus efficient measures may be taken 
to supply some at least of our destitute mission fields, and to make use 
without delay of the men whom the Church is at so much pains to 
educate. 

IV. THE BOARD OF PUBLICATION AND SABBATH-SCHOOL WORK. 

1. History. 

In 1838, the Assembly, O. S., Resolved, That the General Assembly 
will superintend and conduct by its own proper authority the work of 
furnishing the churches under its care with suitable tract and Sabbath- 
school publications, by a Board appointed for that purpose, and directly 
amenable to said Assembly. — 1838, p. 23, O. S. 

[Note.— The plan as adopted may be found in the Digest, 1886, pp. 433-435. In 1862 
the Assembly, N. S., appointed a Standing Committee, on Publication, Minutes, 1852, 
p. 176, N. S. ; 1853, p. 330, N. S. ; 1856, p. 214, N. S. ; 1860, pp. 246-248. See Moore's 
new Digest, 1861, pp. 394-404, and Digest, 1886, pp. 435, 436. In 1855, p. 13, N. B., the 
name was changed to "The Presbyterian Publication Committee." The trustees of 
the Presbyterian House were authorized and directed to act as trustees of the Publi- 
cation Committee.— 1857, p. 410, N. S.] 

2. The Board of Publication organized, 1870. 

The unfinished business, viz., the report of the Joint Committee on 
Publication, was resumed, and, after amendment, was adopted as 
follows, viz. : 

The Special Committee of five from each of the recent branches of the 
Church, appointed ' ' to take into consideration the affairs ' ' of the Pub- 
lication Board and Committee of said branches, and to " recommend to 
the Assembly of the united Church what changes are required ' ' in said 
Board and Committee, respectfully report: 

That they have endeavored to give the matter referred to them that 
earnest and prayerful consideration which its importance demands. 

They regard the work of the Church to be prosecuted through this 
agency as scarcely second to that of any of our Boards. It is not only 
closely related to our missionary enterprises, but is itself, in many of its 
aspects, a missionary work. Its aim is the dissemination of vital truth, 
both among congregations already established and among the people who 
are never reached by the heralds of salvation. It is at once auxiliary 
to the ministry and of itself a ministry. Every tract is, or should be, a 
message from God. Every Sunday-school book should be a preacher of 
righteousness. 

To effect this work involves a liberal use of money, of mind, and of 
every resource committed by God to numan hands. 

The first necessity is a central house of publication, which should be 
endowed with every appliance needed for the preparation and the diffusion 
of religious literature. Economy, of course, should be studied. It is 
not, in our view, essential that large sums be invested in the machinery 



OF THE GENERAL ASSEMBLY. 363 

of publication, such as presses and binderies. The use of this machinery 
can be commanded without purchase. But it is essential that a proper 
house be provided for the transaction of the business of this agency, and 
for the issue and circulation of its literature. The buildings erected for 
this purpose, and now under the control of the Assembly, are wholly inad- 
equate. Both are small and ill-arranged. Neither has been found 
sufficient for the wants of the Church as divided; the work before the 
Church as united will be vastly greater than has ever yet been attempted. 
It is believed also, that, so far as possible, all the operations of the 
united Church conducted from Philadelphia should be concentrated 
under one roof. The house of publication should be virtually a Presby- 
terian house, a centre and a home for the denomination, a rallying -point 
for all the interests of the Church which the Assembly in its wisdom may 
localize in this city. The advantages of such a concentration in facili- 
tating the transaction of the business of the Church, in promoting the 
general convenience, and in fostering a proper denominational life and 
spirit, are too obvious to require remark. But to effect this a new and 
extensive building must be erected ; and it is believed that the recogni- 
tion of this necessity by the Assembly will so enlist the sympathy of the 
Church as to secure the ready accomplishment of the plan submitted in 
the subjoined resolutions. 

The second necessity is an efficient Board and proper officers. The 
Board should be constituted, we believe, of a comparatively small num- 
ber of thoroughly practical, wise and energetic men, all of whom can be 
relied upon to attend the meetings of the Board, and to devote their 
personal attention to its operations. This number should be larger than 
may be required by the other Boards of the Church, inasmuch as its 
work will necessitate several sub -Committees. It should be also somewhat 
larger than may be required by the constitution of these sub -Committees, 
in order that vacancies in the Committees themselves may be readily 
filled by men of experience, and in order that perplexing questions may 
be submitted to the wisdom of a full council ; yet the number should not 
be so large as to weaken a sense of individual responsibility. 

Experience has proved that a few T men, each of whom can be easily 
reached, all of whom have a vital interest in the trusts confided to them, 
will perform any given labor more efficiently than a large Board Avhose 
members are so diffused as to be seldom collected, or as to forget the 
claims of a duty whose immediate field is far away. 

The officers of this Board should be men adapted to their sphere, care- 
fully selected, in number sufficient to conduct the business placed in their 
hands, and so remunerated that they can devote their entire time and 
energies to the w T ork. The Board should also be empowered to employ 
such other assistants as in their judgment may be required. 

The third necessity is the maintenance of a force of colporteurs suffi- 
ciently large to reach the outlying population of the land by the Gospel, 
and to prepare the way for the establishment of churches wherever they 
may be made permanent and effectual. Provision should also be made 
for the supply of Sunday-school libraries and of the general literature of 
the Board on the liberal terms of an enlarged Christian benevolence. 

The fulfillment of these conditions will be found to require some 
changes, notwithstanding the admirable manner in which this work has 
been conducted hitherto. Our beloved Church has already accom- 
plished so much in the direction' indicated that we can refer to its past 



364 FORM OF GOVERNMENT, CHAP. XII. 

operations with just thanksgiving; but, while we think no great and 
radical changes in this department of our Christian work are desirable, the 
day has now come for an enlargement of all our plans — a fresh and more 
vigorous movement in the development of a spirit of enterprise for Christ. 

God's promises were always full. His providence now calls us to new 
■faith in the promises, and to a new consecration to that work with which 
the fulfillment of the sure and glorious prophecy is associated. 

We therefore respectfully recommend the adoption, by this General 
Assembly, of the following resolutions as comprehending the changes in 
our judgment required in order to the union and reorganization of the 
Presbyterian Board of Publication and the Presbyterian Publication 
Committee, viz. : 

Resolved, 1. The said Board and Committee are hereby united under 
the name and title of the " Presbyterian Board of Publication." 

2. The said Board shall henceforth be composed of forty -eight mem- 
bers, one-half of whom shall be ministers and one-half laymen. These 
members shall be divided into three classes, one class containing eight 
ministers and eight laymen, after the present year to be elected annually 
by the General Assembly for a term of three years. 

3. In order to an immediate and thorough reorganization of the 
Board, all persons now members of the Board and the Committee are 
discontinued, and their membership ceases, and the following persons, 
taken in equal numbers from each of the late branches, are recommended 
to fill the three classes. 

For the class whose term shall expire in May, 1871: 

Ministers — Alexander Reed, D.D., J. Grier Ralston, D.D., Robert 

M. Patterson, Thomas Murphy, Peter Stryker, D.D., Stephen W. 

Dana, Richard H. Allen, D.D.,* William T. Eva. 

Laymen — Henry E. Thomas, John Sibley, James T. Young, H. 

Lenox Hodge, M.D., Edward R. Hutchins, M.D., William L. Hilde- 

burn, William E. Camp, Horatio B. Lincoln. 

For the class whose term shall expire in May, 1872: 

Ministers — George F. Wiswell, D.D., Johu W. Dulles, Daniel 

March, D.D., H. Augustus Smith, Willard M. Rice, D.D., F. Reck 

Harbaugh, Matthew B. Grier, D.D., Matthew Newkirk. 

Laymen — George W. Simons, Joseph Allison, LL.D., Henry M. 

Paul, Edward Miller, James Ross Snowden, John D. McCord, Gilbert 

Combs, Gustavus S. Benson. 

For the class whose term shall expire in May, 1873: 

Ministers — William P. Breed, D.D., William E. Schenck, D.D., 

David A. Cunningham, Benjamin L. Agnew, Zephaniah M. Hum- 
phrey, D.D., William E. Moore, Thomas J. Shepherd, D.D., Herrick 

Johnson, D.D. 

Laymen — Morris Patterson, Winthrop Sargent, Archibald Mclntyre, 

George Junkin, Samuel C. Perkins, William E. Tenbrook, Robert N. 

Willson, Alexander Whilldin. 

4. The said Board shall hold at least four regular meetings in the 
course of each year, in the months of June, October, January and 
April. Its first meeting shall be held at 821 Chestnut street, at four 
o' clock P. M. , on the second Tuesday of June of the present year. 

5. The executive officers of the Board shall be a Secretary or Secre- 
taries, whose titles and duties shall be defined by the Board, and a 
Treasurer. 



OF THE GENERAL ASSEMBLY. 365 

6. All other internal arrangements necessary for carrying out the 
purposes of its orgnization shall be made by the Board of Publication 
after its reorganization. 

7. Each Presbytery is directed to appoint one or more of its members 
a Presbyterial Publication Committee; which Committee shall, in that 
Presbytery, supervise the work of securing an annual collection for this 
Board from each of its churches; shall search out and recommend to the 
Board suitable persons to act as colporteurs; shall correspond with the 
Board in reference to its work in that Presbytery ; and shall do whatever 
else may tend to promote the work and interests of the Board, and to 
secure a thorough distribution of the Board's publications within and 
throughout the bounds of the Presbytery. 

8. All the property, of every kind, now owned by the " Presbyterian 
Board of Publication" and by the "Presbyterian Publication 
Committee" or held by any Board of Trustees for the use and 
benefit of either of them, is hereby directed to be united, and 
placed in possession of " The Trustees of the Presbyterian Board of 
Publication," incorporated by the Legislature of the State of Pennsyl- 
vania, and whose charter was approved by the Governor of that State on 
the 13th day of February, A.D. 1847. And in order that the late two 
branches of the Presbyterian Church, now happily reunited, may have, 
as nearly as possible, an equal representation in said Board of Trustees 
of the Presbyterian Board of Publication (there now being enough 
vacancies by death and resignation to effect the changes proposed), the 
Board of Publication is directed, at its next meeting in the month of 
June, to elect the following persons to be members of this Board of 
Trustees: 

For one year. — Alexander Whilldin, Samuel C. Perkins, Archibald 
Mclntire. 

For two years. — Morris Patterson, William E. Tenbrook. 

For three years. — George Junkin, James Ross Snowden and Robert 
N. Willson. 

9. The " Trustees of the Presbyterian House " are hereby directed to 
convey, by a good and sufficient legal title, to " The Trustees of the 
Presbyterian Board of Publication," the house and lot, Nos. 1334 and 
1336 Chestnut street, now occupied by the Presbyterian Publication 
Committee in part as a bookstore, and any other property now in their 
possession, or which may hereafter come into their possession, for the use 
of the Presbyterian Publication Committee. And should any legal 
difficulties be found in the way of making such a conveyance or transfer, 
then ' ' The Trustees of the Presbyterian House ' ' and ' ' The Trustees 
of the Presbyterian Board of Publication " are hereby directed to 
procure, as speedily as possible, such special enactments from the Legis- 
lature of this State or decrees of any courts of competent jurisdiction, as 
shall remove those difficulties. 

10. The General Assembly recommends the Board of Publication, as 
soon as practicable after its reorganization, to sell its house and lot, No. 
821 Chestnut street, and to provide a larger house, adequate to its now 
extended operations, and to the prospective growth of its business, on 
the premises Nos. 1334 and 1336 Chestnut street, or in that vicinity. 

11. In order that the above recommendation may be carried out, so 
as to provide ample accommodations for the Board's future business, 
and for all other Presbyterian interests in this city, it is recommended 



366 FORM OF GOVERNMENT, CHAP. XII. 

that the sum of one hundred thousand dollars be raised among our 
churches and people for the erection and equipment of said Presbyterian 
house, and all contributions made thereto shall be recognized as a part 
of the offering of five millions of dollars which it was at Pittsburgh 
resolved to raise. 

12. All the Committees and officers of the Board of Publication, and 
of the Publication Committee, are requested to continue to perform 
their respective duties as at present, until otherwise directed by the 
newly organized Board of Publication. 

13. The Board of Publication and the Publication Committee are 
directed to submit to the next General Assembly, and each year there- 
after, a full statement of the property of said Boards, consisting of real 
estate, copyrights, books, papers, plates and any other assets, with an 
estimate of the value thereof. — 1870, pp. 113-116. 

3. The Sabbath-school Work of the Board. Three branches. 

a. 1. That the Board of Publication be instructed so to enlarge its 
arrangements as to make the Sabbath-school work a prominent and 
organic part of its operations; and that it is exceedingly desirable that 
the entire congregations in our churches, old and young, be permanently 
connected with the Sabbath-school, either as scholars or teachers. 

2. That the Board, so enlarged in the sphere of its operations, keep 
before it these three branches of the Sabbath -school work: 

(A) To furnish a complete literature for Sabbath-schools, consisting 
of its own and other well-selected books for libraries, helps of all kinds 
for the study of the Scriptures and catechism, periodicals for teachers 
and scholars, and all other apparatus fitted to give efficiency to the work 
of teaching. 

(B) To establish such agencies as it may deem suitable for elevating 
the standard of teaching, and more thoroughly developing the great 
idea of Sabbath- schools — that of imparting the knowledge of God to 
the young and drawing them to the salvation of Christ. 

(C) In appointing colporteurs, as far as possible, to select such 
persons as may also be suitable for Sabbath -school missionaries, and 
instruct them to establish Sabbath -schools in destitute localities, under 
the supervision of the Presbyteries. 

3.. That the churches be urged to contribute more largely to the mis- 
sionary fund of this Board, to meet the increased expense which the 
working of this branch of its operations will demand. — 1871, p. 524. 

b. In the Sabbath -school department the instructions of the last 
Assembly have been carried out. A general superintendent has been 
appointed — Mr. J. Bennet Tyler — who in January last entered upon his 
duties, has performed much preparatory work, and everywhere found 
interest and sympathy with the plans of the Assembly. To the West- 
minster series of Sabbath-school lessons for teachers and scholars three 
numbers have been added, in continuation of a plan which embraces a 
full curriculum of Bible study. — 1872, p. 20. 

4. Charter of the Board. 

An Act to Incorporate "The Trustees of the Presbyterian Board of Publica- 
tion." 
Whereas, The General Assembly of the Presbyterian Church in the United 
States of America have a Board of Publication composed of ministers and lay- 
men of the Presbyterian Church, the design of which is "the publication of 



OF THE GENERAL ASSEMBLY. 367 

such works, permanent or periodical, as are adapted to promote sound learn- 
ing and true religion ; " and. 

Whereas, The aforesaid Board of Publication labors under serious disad- 
vantages, as to receiving donations and bequests, and as to the management 
of funds entrusted to them for the purpose designated in their Constitution, 
and in accordance with the benevolent intentions of those from whom such 
bequests and donations are received ; therefore, 

Section 1. Be it enacted by the Senate and House of Representatives of 
the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby 
enacted by the authority of the same, that Matthew Newkirk, James N. Dick- 
son, William S. Martien, James B. Ross, Archibald Mclntyre, Joseph B. Mit- 
chell, Alexander W. Mitchell, M.D., Robert Soutter, Jr., and James Dunlap, 
citizens of the United States and of this Commonwealth, and their successors, 
are hereby constituted and declared to be a body politic and corporate, which 
shall henceforth be known by the name of "The Trustees of the Presbyterian 
Board of Publication,"* and as such shall have perpetual succession, and be 
able to sue and be sued in all courts of record, and elsewhere ; and to pur- 
chase and receive, take and hold, to them and their successors, forever, lands, 
tenements, hereditaments, goods, money and chattels, and all kinds of estate 
which may be devised, or bequeathed, or given to them ; and the same to sell, 
alien, demise and convey ; also to make a common seal, and the same to alter 
and renew at their pleasure ; and also to make such rules, by-laws and ordi- 
nances as may be needful for the government of the said corporation, and not 
inconsistent with the Constitution and laws of the United States and of this 
State ; Provided, always, That the clear yearly income of the real estate held • 
by the said corporation shall not at any time exceed the sum of five thousand 
dollars. 

Sec. 2. The Trustees above named shall hold their offices for one year from 
the date of this incorporation, and until their successors are duly qualified to 
take their places ; who shall be chosen by the aforesaid Board of Publication, 
at such times and in such manner as shall be provided by the said General 
Assembly of the Presbyterian Church in the United States of America, pro- 
vided not more than one-third of the Trustees shall be removed in any one 
year. 

Sec 3. The Trustees hereby incorporated, and their successors, shall (sub- 
ject to the direction of the said Board of Publication) have full power to 
manage the funds and property committed to their care, in such manner as 
shall be deemed most advantageous, and not contrary to law. 

James Cooper, 
Speaker of the House of Representatives. 
Ch. Gibbons, 

Speaker of the Senate. 

Approved the thirteenth day of February, one thousand eight hundred and 
forty-seven. Fe. R. Shunk. 

5. Relations of the Missionary and Publishing Departments. 

a. The report of the Special Committee on the Missionary Depart- 
ment of the Board of Publication was then taken up aud adopted. The 
report is as follows: 

The Committee appointed by the General Assembly of 1881 to con- 
sider and report to the next General Assembly what changes and 
measures, if any, are needed in order to increase the work and efficiency 
of the Missionary department of the Board of Publication, would 
respectfully submit the following report: 

[Note. — See report in full, Minutes, 1882, pp. 73-80. The action recommended and 
adopted is as follows :] 

1. That the General Assembly instruct the Board of Publication to 
maintain a separation as complete as practicable between the Publishing 

* Title amended by decree of the Court of Common Pleas, No. 1, of Philadelphia, 
November 19, 1887, to "The Trustees of the Presbyterian Board of Publication and 
Sabbath-school Work." 



368 FORM OF GOVERNMENT, CHAP. XII. 

and the Colportage departments in their business affairs; so that the 
relation between the two, in this respect, shall be the same as between 
the Publishing department and any other purchaser — the terms of sale 
to the Colportage department to be as favorable as those offered to any- 
other purchaser. 

2. The Publishing department is to employ all legitimate agencies 
which shall promote the sale of its publications, and not be required to 
assume, in whole or in part, the support of any office or agency which it 
does not feel justified in assuming because of its commercial value. 
It is to keep in view the important object of furnishing its publications 
at the lowest possibje cost; and all advantages which it may possess, by 
virtue of the capital placed at its disposal, are to bear fruit chiefly in 
the lower price and consequent wider diffusion of its publications. 

3. The Board shall present to the General Assembly a yearly statement 
of the expenses of the Publishing department, and also a statement 
of its profits in such a manner that it shall be made to appear, (1) 
whether any reduction in the price of its publications is practicable, and 
(2) what sum this department may yield, year by year, for Sabbath- 
school work and colportage, or other missionary purposes. 

. 4. That the work of colportage, including the selection and appoint- 
ment of colporteurs, shall be under the exclusive supervision of the 
Corresponding Secretary and the appropriate Committee of the Board, 
who shall be allowed adequate clerical aid. No colporteur, however, 
shall be sent to labor within the bounds of any Presbytery, unless first 
recommended by the Presbytery or its appropriate Committee. 

6. The funds necessary for the maintenance of the Missionary depart- 
ment are to be sought, as now, directly from the churches, as a benevolent 
gift. From these funds the Board shall provide for the entire salary 
of the Secretary of Sabbath-school Work, and so much of the salary of 
the Corresponding Secretary as is not provided for by an express 
arrangement of the Publishing department, with their expenses; also 
for the salaries of the colporteurs, the grants of books, etc., which it 
shall allow; and for the other expenses of the Missionary department. 

7. That, in the instructions of the Missionary department to the 
colporteurs, the main emphasis is to be laid upon the work of religious 
visitation, and the Sabbath-school work expected from them among the 
spiritually destitute; and that the selling of books, while still continued, 
so far as it can be usefully done, is to be in all cases subordinated to 
these more directly benevolent and religious labors. 

8. That the Board be directed to invite correspondence through its 
Missionary department with our pastors, and especially with our 
missionaries, to secure voluntary help in the wider diffusion of our litera- 
ture; and that, in pursuance of this policy, it be directed to make grants 
of books and other publications with all possible liberality whenever 
satisfied that those making application for such grants will use them 
wisely for the benefit of the religiously destitute and will report to the 
Board the manner in which they are used. — 1882, pp. 77, 78. 

6. The Sabbath-school work of the Board. 

a. Resolved, That the Board of Publication shall continue as at 
present, with a collection from the churches for its missionary work. 

The department having this work in charge shall be separately con- 
stituted, and shall keep a distinct account with the Board. It shall be 



OF THE GENERAL ASSEMBLY. 369 

its duty to disseminate the publications of the Board by donations to 
ministers and to needy churches, and by sale through its appointees, who 
shall be called the missionaries of the Board of Publication, and who 
shall be appointed, subject to the approval, and shall be under the 
control, of the Presbyteries. 

It shall also supervise the whole Sabbath- school work of the Church, 
in connection with the Presbyteries ; and it shall aim to lift this important 
agency of Christian evangelization into the prominence and efficiency 
which it deserves, and which the great needs of our own country have so 
largely called for at the present time. 

And, furthermore, in addition to the amount appropriated by the Board 
from the collections made by the churches, it shall receive and apply 
donations specifically designated for the Sabbath-school work. — 1874, p. 
31; 1876, p. 38; 1877, p. 526. 

b. 1. That the pastors, Sessions, and people of our several congrega- 
tions be affectionately and earnestly urged to appreciate the value of the 
Christian literature supplied by this Board, to procure for their families 
and Sabbath- schools a supply of the same, and to contribute more liberally 
to its missionary and colportage funds, so that its publications may be 
more widely distributed, and the indigent be gratuitously supplied. 

2. That the Assembly recognize with peculiar gratification and approval 
the missionary and Sabbath-school work of the Board, and recommend 
to all our Presbyteries, Sessions, and people, and especially to our 
Sabbath -school laborers, to cooperate with the Board in this branch of 
its work, and, with a spirit loyal to our own denomination, to prefer the 
publications and missionaries of our own to those of other organizations. 
And the editors of our publications are urged to continue to make them 
as lively and attractive as those issued by other houses. 

3. That the Assembly approve of the appointment of Rev. James A. 
Worden as Superintendent of Sabbath -school Work, and anticipate much 
benefit from the judicious performance of the functions of that office. 

4. That it be earnestly requested of the Sabbath -schools of our 
Church to contribute at least once every year to the Sabbath-school Mis- 
sionary department of this Board. 

5. That the Assembly solemnly remind the churches in our connection 
that church discipline, in the Scriptural sense, includes not only the 
reformation of offenders and the removal of scandals, but also the pre- 
vention of offenses by the proper instruction and training of the children 
of the Church in knowledge and godliness; and that to this end it is the 
duty of the pastor and Sessions to take authoritative supervision of the 
instruction of youth, so far as to see to it that the baptized children of 
the Church are properly educated in the family and the Sabbath -school — 
so that the Sabbath-school exercises shall be considered a part of Church 
work, and the children be more distinctly recognized and treated as 
belonging to the congregation of the Lord; and, with a view to this, it 
is recommended that in all of our Sabbath- schools superintendents be 
chosen or appointed subject to the approval of the church Session. That 
the pastor and Session visit, encourage, and if need be work in, the 
Sabbath-school, and that, in congregations where the Shorter Catechism 
is neglected, it be introduced and used with due prominence. 

6. That it is recommended that each Presbytery appoint a Committee 
or a Presbyterial Superintendent, whose duty it shall be to oversee and 
encourage, as far as may be, the Sabbath -schools in the bounds of the 

24 



370 FORM OF GOVERNMENT, CHAP. XII. 

Presbytery, and especially to take order for collecting and transmitting 

to the General Superintendent the statistics of each school ; and, with a 

view to this part of the work, the General Superintendent is requested 
to furnish blank statistical tables. — 1878, pp. 25, 26. 

C. Normal class instruction. 

4. That we hereby renew the deliverance of former Assemblies, in 
asserting the right and duty of Sessions to exercise authoritative super- 
vision of the Sabbath-school work of their congregations. 

5. That it is recommended that each Presbytery appoint a Sunday- 
school Committee, which shall collect and tabulate at the spring meeting 
of the same, and transmit to the General Superintendent of Sunday- 
school Work, statistics of each school; and this Committee shall also 
supervise and direct its general Sunday-school work within the bounds 
of the Presbytery. Also that the Superintendent be directed to furnish 
blanks for the use of Sunday-school statistics. 

7. That the Assembly approve the action of the Board in preparing 
a three-years' course of Normal Class Instruction, and the lists of sub- 
jects announced for the first year to the Assembly at its annual Sabbath- 
school meeting, last evening, and earnestly recommend the formation of 
normal classes wherever practicable. — 1879, p. 558; 1881, p. 555. 

d. Bible Correspondence. School. 

The General Assembly approves the proposed organization of the 
Board, through its Secretary, of the Bible Correspondence School, in the 
interest of the better training of teachers. — 1883, p. 616. 

e. Ohildreri's and Rallying Days. 

That we urge the general observance of Children's Day on the second 
Sabbath of June, and Rallying Day on the last Sabbath of September, 
and that liberal offerings be secured on one of those days for the Board 
for the use of its missionary work. — 1897, p. 73. 

7. Blanks printed by the Board to be approved by the proper authority, 

and so indorsed. 

Overture from the Presbytery of New Brunswick respecting blanks for 
reports of the work of the Assembly. 

Answer-. That the Board of Publication is directed, in printing blanks 
to submit them to the approval of that officer of the Church who is spe- 
cially responsible for the same, and, in particular, that the blanks for 
congregational and Presbyterial statistics be approved by the Stated Clerk 
of the General Assembly. The Board is also directed to print upon the 
blanks, in fine type, the authority approving the publication. Adopted. 
—1885, p. 625. 

8. Reorganization of the Board, 1887. 

On the report of the Special Committee on Publication, the following 
resolutions were adopted: 

1. The Presbyterian Board of Publication shall be hereafter desig- 
nated and known as the " Presbyterian Board of Publication and 
Sabbath-school Work," and shall consist of twenty-four members, of 
whom twelve shall be ministers and twelve ruling elders. 

2. No one shall serve as a member of the said Board who is an execu- 
tive officer or employe of said Board, or a member of any other benevo- 






OF THE GENERAL ASSEMBLY. 371 

lent Board of the Church, and no more than one ruling elder from the 
same congregation shall serve on said Board, at the same time. 

3. This General Assembly shall elect as members of the " Board of 
Publication and Sabbath -school Work," four ministers and four ruling 
elders, who shall serve for one year; four ministers and four ruling 
elders who shall serve for two years ; four ministers and four ruling elders 
who shall serve for three years from the third Tuesday of June, 1887, 
and each succeeding General Assembly shall elect four ministers and four 
ruling elders to serve for three years thereafter. In case this recommen- 
dation is adopted by the General Assembly, we recommend that the Stand- 
ing Committee on Publication be directed to nominate members of the 
Board herein provided for. Members of the Board thus elected shall 
meet for organization at the publishing house at Philadelphia on the 
third Tuesday of June, 1887, and when such organization shall have 
been effected, the membership of the Board as at present constituted 
shall terminate. For the purpose of effecting such organization, a 
majority of the members-elect shall constitute a quorum. 

4. The annual collection taken up in the churches for the benefit of 
this Board shall hereafter be known as the collection for Sabbath-school 
work, and be so designated in the Minutes of the Assembly. 

5. The Sabbath -school and colportage work shall be consolidated in 
one department, subject to the supervision and control of an officer who 
shall be designated the " Superintendent of Sabbath-school and Mission- 
ary Work." The editorial work of the Board shall be organized in 
another department, under the supervisory control and care of an officer 
who shall be designated as the " Editorial Superintendent." The gen- 
eral business interest shall be organized into a Business department, 
which shall be under the supervisory control of an officer who shall be 
designated the " Business Superintendent." All these officers shall be 
appointed by, and their duties defined by, the Board, as may be directed 
in the By-Laws. 

6. Standing Committees shall be appointed or elected by the Board, to 
be known as the " Sabbath-school and Missionary Committee," the 
" Editorial Committee," and the " Business Committee," which shall 
have charge of their respective departments, under such rules and regu- 
lations as the Board may by By-Law establish ; provided that the Board 
shall have power to appoint any other Committees which shall be deemed 
necessary for the proper conduct of its business. 

7. The present executive officers shall be continued in the following 

positions, to wit: * as Secretary; Rev. James A. Worden, D.D., 

Superintendent of Sabbath-school and Missionary Work; Rev. J. R. 
Miller, D.D., as Editorial Superintendent; and John A. Black, Esq., 
as Business Superintendent; until their successors are appointed by the 
Board, each in charge of his own department, subject to such rules and 
regulations, with such powers as the Board may from time to time pre- 
scribe by By-Laws, in harmony with the general principles herein laid 
down. 

8. The Board shall elect a Secretary of the Board, who shall be its 
chief executive officer, and shall have general supervisory control of all 
the officers herein named, subject to an appeal to the Board itself. 

9. All By-Laws of the Board now in force, not in conflict with the 

* In the report adopted by the Committee this blank was rilled by the name of the 
Rev. John W. Dulles, D.D., now deceased. 



372 FORM OF GOVERNMENT, CHAP. XII. 

principles herein laid down, are hereby continued in force until altered, 
amended or repealed by the Board. All such as conflict with the princi- 
ples herein stated are repealed. 

10. The Board is directed to organize its work in accordance with the 
plans herein set forth on the third Tuesday of June, 1887, or as soon 
thereafter as possible, and to report its action to the next General 
Assembly. 

11. This General Assembly directs the consolidation of the Presby- 
terial and Synodical Committees of Publication and Sabbath- school 
Work, to the end that this work, which has heretofore been under the 
supervision of two Committees, shall be committed to the care of one, 
and earnestly enjoins that in the appointment of such Committees care be 
taken to secure members who will actively enter into and push this great 
work.— 1887, pp. 51, 52. 

V. CHURCH ERECTION. 
THE TRUSTEES OF THE CHURCH ERECTION FUND. 

1. The Organization. 

The report of the Joint Committee on Church Erection was adopted, 
as follows: 

In entering on their work the Committee found that the trusteeship of 
the Church Erection Fund was a chartered institution, formed under the 
laws of the State of New York, and possessed of a permanent fund of 
$126,000, more or less, of which about $90,000 were invested in inter- 
est-bearing securities in the State of New York, and the remainder in 
various liabilities given by feeble churches which had been aided. They 
also learned that, in accordance with certain amendments of the plan 
passed by the General Assembly which met at St. Louis in 1866, the 
system of loans had been abandoned, and a so-called Supplementary 
Fund created, to consist of the yearly interest of the Permanent Fund, 
together with such sums as should be raised by the annual contributions 
of the churches, all of which, in absolute donations, to be devoted to the 
current demands of the work. This Board of Trustees, having charge 
of both the Permanent and the Supplementary Fund by the terms of 
the charter, consists of nine members residing in New York or its vicin- 
ity, and are elected in classes from year to year by the General Assembly, 
according to the chartered rules prescribed. 

On the other hand, the Committee learned that the Board of Church 
Extension, having its centre of operations in St. Louis, Mo. , was without 
a charter and without permanent funds, holding only current receipts 
appropriated and unappropriated, together with certain temporary 
investments in real estate; that the said Board of Church Extension was 
therefore free from any legal obstacles which might prevent a change 
either of location or of name, or stand in the way of its being united 
under the charter of the organized and localized Board of Church 
Erection. 

In view of these considerations the Joint Committee do respectfully and 
.unanimously recommend : 

1. That the operations of the United Church be carried on under the 
charter of " The Trustees of the Church Erection Fund of the Presby- 
terian Church in the United States of America, ' ' and that its location 
be continued in the city of New York. 

2. That the members of the Board be chosen impartially from both 



OF THE GENERAL ASSEMBLY. 373 

branches of the Church, that their number be twenty-one, consisting of 
ten ministers and eleven laymen acting in connection with the Presby- 
terian Church, and that the entire Board so formed be expected to meet 
at least once a year. 

3. That fifteen members, seven ministers and eight laymen, shall 
reside in the city of New York, or its vicinity; that at an early day an 
amendment of the charter be obtained, authorizing these fifteen local 
members to act as trustees of the fund, but until such change shall be 
secured nine of the fifteen members shall continue to hold the said trus- 
teeship under the provisions now existing. 

4. That six members of the Board, three ministers and three laymen, 
shall be chosen from the West. This recommendation is made in view of 
the fact that certain properties held by the Board of Church Extension 
are temporarily located in Missouri, and require a local supervision. It 
also seems desirable that the Board shall have representatives on the 
ground who may secure those grants of land which are so freely offered 
for church purposes by railroad and town companies throughout the 
West, also to have special oversight in the matter of insurance on 
church properties — a matter of great importance, in which it is feared 
there is at present great neglect. 

5. That a Secretary be appointed who shall reside in New York, and 
whose functions shall be similar to those of the present Secretaries of 
Church Erection and Church Extension; also that the Board shall have 
authority to appoint an additional Secretary and define his duties. 

6. While the Committee appreciate and would earnestly encourage all 
local efforts to build churches and chapels in the cities and in Presby- 
teries by special contributions, they unanimously recommend that the 
Assembly take the most efficient measures to secure an annual contribu- 
tion from all the churches for the general work of the Board. The 
suburbs of our large cities must be cared for, but at the same time the 
demands of the great wastes of the continent are most imperative upon 
the Avhole Church. 

In conclusion, the Committee would express the hope that this depart- 
ment of the Church work, so fundamental to all permanent success, may 
be brought into greater prominence and receive a larger degree of favor 
and support. It should be not merely a passive resource to which the 
needy may resort for a stinted dole, but a powerful aggressive agency 
arousing and stimulating the Church to substantial conquest everywhere 
in the cities, on the prairies, along the railroads and on the far-off 
shores of the Pacific. In view of the fact that legal questions might 
arise in connection with some of the points in this report, Messrs. S. T. 
Bodine and J. C. Havens were appointed to consult legal authorities 
thereupon, and report to the Committee at a subsequent meeting. 

The Committee then adjourned to meet in the First Presbyterian Church 
of Philadelphia during the sessions of the General Assembly. 

At a conference of certain members of the Joint Committee, held in 
Philadelphia since the sessions of the General Assembly began, a quorum 
not being present, Mr. Samuel T. Bodine reported that he had consulted 
proper authorities in regard to legal points in the above report, and had 
obtained the following opinions: 

1. That the Church Erection Fund, located by charter in the State of 
New York, would be embarrassed if not imperiled by any change in the 
place of business. 



374 . FORM OF GOVERNMENT, CHAP. XII. 

2. That at an early day steps should be taken to secure a change in 
the charter, raising the number of trustees from nine to twenty -one, of 
whom five shall constitute a quorum for the transaction of business. 

3. That fifteen of the twenty -one members of the Board, namely, 
seven ministers and eight elders, should reside in the city of New York 
or its vicinity. — 1870, p. 116. 

2. The plan for the custody, care and management of the Church Erec- 
tion Fund, as adopted by the Assembly of 1854 and amended by the 
Assembly of 1866, N.S. 

[Note. — Approved by the Assembly of 1870, amended by subsequent Assemblies 
and approved by the Assembly of 1889, p. 77.] 

[1854] Preamble. 

The General Assembly of the Presbyterian Church in the United States 
of America having, through the liberality of the cougregations con- 
nected with this body, established a Fund for the purpose of aiding feeble 
congregations in erecting houses of worship, do hereby adopt the follow- 
ing plan under which this Fund shall be held, administered and used: 
[1854] Article I. 

The Fund having been committed to the General Assembly as a special 
trust, no part of it as now established, nor any additions which may 
hereafter be made to it, shall ever be used for any other purpose than that 
of aiding feeble congregations in connection with the General Assembly 
in erecting houses of worship, except so much as may be absolutely 
necessary to defray the expenses incident to the administration of this 
plan. 
[1854] Article II 

The custody, care and management of this Fund, and of all securities 
of every kind belonging to it or growing out of it, together with all 
claims, dues and property that may at any time pertain to it, and all 
additions that may hereafter be made to it by donations, bequests or other- 
wise, shall be committed to a Board of Trustees, to be called " The 
Trustees of the Church Erection Fund of the General Assembly of the 
Presbyterian Church in the United States of America." The Board 
shall consist of twenty-one members, being ministers and elders in con- 
nection with some Presbytery or Church under the care of the General 
Assembly, who shall reside in the city of New York or its immediate 
vicinity, and whom the General Assembly shall elect by ballot on a 
nomination to be made at least one day before such election. The trus- 
tees shall continue in office until the election and induction of their 
successors. The certificate of the Stated Clerk of the General Assembly 
shall be necessary to entitle a trustee to take his seat as a member of the 
Board, which certificate it shall be his duty to furnish as soon as practi- 
cable after the election. 

The trustees first elected shall arrange themselves into three equal 
classes. The term of office of the first class shall expire in one year from 
their election, that of the second class in two years, and that of the 
third class in three years. After the first election, the General Assembly 
shall annually elect trustees to supply the place of the class whose term 
is about to expire, to hold their office for three years, the same persons 
always being reeligible ; and each General Assembly shall also by elec- 
tion supply any vacancy in the Board caused by death, resignation or 



OF THE GENERAL ASSEMBLY. 375 

otherwise. If any trustee shall, during the term for which he is 
elected, cease to be connected with a Presbytery or church under the 
. care of the General Assembly, he shall thereby cease to be a member of 
the Board, and the vacancy shall be reported to the next General Assem- 
bly. In the case of vacancies in the Board, occasioned by resignation, 
death, removal, or otherwise, during the interim of the General Assem- 
blies, the Board shall be authorized to fill such vacancies [1883]. 

[1854] Article III. 

The first meeting of the Board shall be held on the second Tuesday of 
June next, in the city of New York, at such place and hour as the 
Stated Clerk of the General Assembly may appoint, who shall preside 
until the Board is organized by the choice of its president. 

[1854] Article IV 

The Board shall make their own By-Laws. They shall annually, a,t 
their first meeting after the adjournment of the General Assembly, elect 
one of their number President of the Board, and shall appoint a Secre- 
tary and a Treasurer, who shall give security to the Board for the faithful 
performance of his duties. They shall keep complete books of record 
and account, in which shall be recorded all their proceedings, and the 
true state at all times of all matters relating to this Fund, which records 
and accounts or any part of them shall at all times be open to the inspec- 
tion of any Committee appointed by the General Assembly for this 
purpose. They shall also keep full and correct copies and files of all the 
correspondence which may be conducted or received by them or in their 
name, and shall annually present to the General Assembly not later than 
the third day of its sessions, a full report of their proceedings and of the 
state of the Fund, together with any suggestions or recommendations 
which they may deem necessary or suitable. 

[1854] Article V 

The Board are hereby directed, either by procuring a special act of the 
Legislature of the State of New York, or in accordance with the existing 
statutes of said State, to incorporate themselves and their successors in 
office, always to be elected, as aforesaid into a body corporate and 
politic, invested with all such legal powers as may be necessary to enable 
them to hold and administer this Fund in conformity with the provisions 
of this plan. 
[1866, Art, VI, VIL] Article VI 

The Board is directed to invest and to keep at interest on sufficient 
security the Fund as now established, and as the same shall hereafter 
be increased by gift, bequest or otherwise, and [1866, Art. X] the 
interest accruing therefrom shall be distributed as hereinafter provided. 

[1866, Sup. Art.] Article VII. 

In order to enable the Board fully to meet all the reasonable demands 
of feeble congregations for aid in erecting houses of public worship, the 
General Assembly earnestly recommends all the congregations within its 
bounds to take up annual collections, and transmit them to the Treasurer 
of the Board to be appropriated by said Board, and distributed by gift, 
with the interest of the Permanent Fund, for the objects contemplated 
in the Plan, and on the conditions and limitations hereinafter pre- 
scribed. 



376 FORM OF GOVERNMENT, CHAP. XII. 

[1879-85, Minutes.] Article VIII. 

In addition to the aiding of feeble churches in the erection of houses 
of worship, ' ' The Board of Church Erection is permitted to aid in the 
establishment of schools and chapels among the exceptional populations 
of Mormons, Indians, and Spanish-speaking people of the United States." 
[1885-86, Minutes.'] Article IX. 

An additional fund, to be known as the Manse Fund, shall be raised 
by special gifts and such portions of church collections as may be desig- 
nated by the givers to this end, to be used as hereinafter provided, to 
enable feeble congregations to erect Manses for the use of their 
ministers. 
[1854, Art. XI.] Article X. 

In order to be entitled to make application in behalf of its churches 
for aid from the Board, each Presbytery [1871] connected with the 
General Assembly shall annually elect a Committee on Church Erection, 
consisting of at least five members. The Stated Clerk of the Presbytery 
[1871] shall, immediately after the election of said Committee, transmit 
to the President or Secretary of the Board his certificate of such election, 
giving the name and residence of each member. 

[1854, Art. XII.] Article XI. 

APPLICATIONS. 

All applications for aid shall be made, in the first instance, to the 
Committee on Church Erection of the Presbytery [1871] to which the 
applicants belong, or within whose bounds they are situated. Every 
such application shall be in writiug, and shall particularly state: The 
location of the house or site for its erection ; the number of families or 
persons attached to the congregation, or that propose to unite in building 
a house of worship ; the description of the house which they propose to 
build with its estimated and probable cost, or the description and cost of 
the house and lot owned by the congregation ; the amount of reliable 
subscriptions which have been obtained, and how much has been paid 
thereon ; the amount of available means possessed by the congregation, 
if any ; whether the congregation is in debt, and if so, to what amount, 
for what purpose, and when the same becomes due ; and also any other 
facts which may aid the Committee of the Presbytery [1871] in judging 
of the application. This application shall be accompanied by the certifi- 
cate of one of the legal advisers of the Board that the title to the lot on 
which the house is to be built, is vested in said congregation, in fee, and 
is free from all legal incumbrance and liability. 

If the Committee of the Presbytery [1871], to whom application for 
aid has been made as above provided, shall, after a careful examination 
into the condition and prospects of the congregation so applying, be 
satisfied that such congregation have done all that should reasonably be 
expected of them, and that with the aid for which application is made, 
they can build or possess a house of worship adapted to their wants and 
be free from indebtedness ; then the Committee shall sign a certificate 
addressed to the Board, stating the application, and that they have 
examined and approve of it ; and also stating the amount which it is 
proper to grant to the congregation. This certificate, together with the 
application made to the Committee of the Presbytery [1871], shall be 
transmitted to the Board. 



OF THE GENERAL ASSEMBLY. 377 

[1854, Art. XIV.] Article XII 



APPROPRIATIONS — I. HOUSES OF WORSHIP. 






1. [1854, Art. XIV.] No grant shall be made to any congregation 
unless such congregation own in fee simple, and free from all legal incum- 
brance, the lot on which their house of worship is situated, or on which 
they propose to build. 

2. [1854, Art. XIV.] No grant shall be made for the payment of 
any debt, except that which may have been contracted within one year 
previous in erecting a house of worship. 

3. [1866, Art. XI.] The sum granted to any congregation shall never 
be more than one-half of the amount contributed and secured by them- 
selves for the house and lot, i. e. , one-third of the entire cost. 

[1891, Minutes, p. 84.] In cases where, owing to the rapid settlement 
of lands newly opened, the establishment of preaching stations, and the 
organization of churches, for the maintenance of home missionary work 
are imperatively demanded, in advance of the growth of the ordinary 
measure of self-help, the Board at its discretion, after conference with the 
officers of the Home Missionary Board, may exceed the usual limit of 
aid permitted, namely, one-third of the value of the property, provided 
such additional aid shall in no case exceed one -half of the value of the 
property, or the sum of $1500. 

4. [1880-85.] In all ordinary cases, the grant to any church shall not 
exceed $1000, and in making grants, the Board shall give special consid- 
eration and preference to the weaker churches, and less costly buildings, 
when other things are equal. 

5. [Charter, Sec. I.] The church must in every case be incorporated, 
unless in the State or Territory in which it is located there is no law for 
the incorporation of religious societies. 

6. [1854, Art. XIV.] The condition of all donations from this source 
shall be, that, in case the church or congregation shall cease to be con- 
nected with the General Assembly, or their corporate existence shall 
cease, or their house of worship be alienated except for the building or 
purchase of a better house of worship, they shall refund to the Board 
the amount which they have so received, with interest from the time of 
receiving it. 

That the Board be directed, whenever practicable, and in accordance 
with the best interests of the church aided, to engage with said church, 
that the amount granted shall be regarded as a loan, not bearing interest, 
and to be repaid to the Board in specified annual payments, to be 
credited to the church as its annual contribution [1893, Minutes, p. 
108]. 

The fufillment of the above condition shall, in all cases, be secured by 
the bond of the trustees of the congregation, and a mortgage on their 
house and lot, made in favor of the Board; which bond and mortgage, 
duly executed and recorded, shall always be placed in the possession of 
the Board, before any money is paid over to the congregation. 

[1886, Minutes.'] n. manses. 

1. The appropriations of the Board for Manses shall be made only 
from such special gifts, and such portions of Church collections as may 
be designated by the givers lor this end. 

2. The appropriations, in all ordinary cases, shall be made as loans, 



378 FORM OF GOVERNMENT, CHAP. XII. 

the amount without interest, to be repaid by installments or otherwise, 
within three years, such loans never to exceed one- half of the cost of 
the building. In case the appropriation, for exceptional reasons, is a 
grant, then the amount shall not exceed one -third of the cost of the 
building. 

3. Such limit shall be fixed as will confine the work to the feebler and 
mission churches. 

4. Before the appropriation is paid, the proper mortgage and insurance 
must be effected in the same way and under the same conditions as in 
the case of church edifices. 

[1879-85, Minutes.'] m. chapels. 

1. The grant shall be made upon the recommendation of the Presby- 
tery, or its authorized Committee, and in consultation with the Board of 
Home Missions, and only to such work as is under the control of the 
Presbytery. 

2. No grant shall be made for more than one-half of the entire cost 
of the property. 

3. No grant shall exceed the sum of $600. 

4. In other respects the conditions shall be the same as in the case of 
churches, so far as applicable. 

Article XIII. 

PAYMENTS. 

[1854, Art. III.] When any application is granted, the Board shall, 
as soon as practicable, forward the necessary papers to be executed by 
the trustees of the congregation and to be approved by their legal 
adviser or some other attorney proposed by the congregation and accepted 
by the Board, and before payment of any grant is made, the following 
conditions shall be fulfilled, viz. : 

1. [1887, Minutes.'] Before any church shall receive the amount 
of aid granted it by the Board, the trustees shall certify that the amount 
necessary to erect and complete their house of worship, less the amount 
of the grant of the Board, has been collected and actually expended 
upon the building, and that the sum to be received from the Board will 
entirely complete the building and leave the congregation free from debt; 
Provided, That in the case of a grant to a church that is the first to be 
organized in a new community, in which there is previously no church of 
any evangelical denomination, the Board, after the lot has been secured 
to the congregation in fee simple, and after a mortgage upon it to the 
Board for the amount of its grant has been effected, may, at its discre- 
tion, advance to the church from time to time before the completion of 
the edifice, such installments of the amount of the grant as shall not at 
any time exceed one-half of the amount collected for the erection of the 
building, and one-half of the value of the lot, no such installment, 
however, being less than one- quarter of the amount of the grant. 

2. [1854, 1866.] A mortgage upon the church property duly exe- 
cuted, and acknowledged by the trustees, and recorded in the County 
Clerk's or Register's office, is to be returned to the Board, with a certifi- 
cate indorsed upon said mortgage by an attorney-at-law, designated by 
the Presbytery, to the effect that the church has a valid title, in fee,* 
to the property, and has full liberty to mortgage the same, and that said 

* Special provision for Indian churches, see Art. XII, Sec. i, 6. 



OF THE GENERAL ASSEMBLY. 379 

mortgage is a first lien upon the property, and has been properly exe- 
cuted, acknowledged, and recorded, according to law. 

3. [1870, 1874.] A policy of insurance in some trustworthy com- 
pany is to be procured by the Board, said policy to run five years. The 
premiums upon these policies are deducted from the amount of the grant 
in the first instance, and afterwards the policies are renewed at the 
expense of the church aided. 

[1854, Art. XIV.] Article XIV 

When the papers so executed, approved and properly recorded are 
returned to the Board, they shall authorize the Treasurer of the trustees 
of the congregation or any other person duly appointed by them for this 
purpose to draw on the Treasurer of the Board for the amount of the 
grant. 

[1888, Minutes.] Article XV. 

REPAYMENT OF GRANTS. 

Any church making an annual contribution to this Board of not less 
than ten per cent, of the amount originally granted to it, shall be deemed 
as paying in such contribution an installment of like amount upon the 
mortgage held by the Board ; and when such payments in the aggregate 
shall equal the amount of the grant, the Board shall execute a release 
of the mortgage and thus remove its lien from the property of the 
church ; Provided, That such church, at the time such contribution is 
sent, shall notify the Board that it desires such application thereof to be 
made.* 

[1854, Art. VII. ] Article XVI. 

The Board shall prepare blank forms of all such legal and other papers 
as may be required for the proper distribution and management of the 
funds committed to it, and the accruing interest and the annual contribu- 
tions received; and the forms so prepared and no others shall be used in 
all matters and transactions relating to the fund to which they may be 
applicable. The Board shall also designate such legal advisers within 
the bounds of each Presbytery as by a correspondence with the Church 
Erection Committee of the Presbytery may be found desirable, to exam- 
ine all certificates of title and all conveyances and other documents 
connected with the donation of any part of the accruing interest or other 
funds, including a careful investigation in regard to the legal incorporation 
of the Board of Trustees of the congregation concerned; and they shall 
further have power to appoint an agent in each Presbytery, and to 
require that all payments of moneys that may become due to the fund 
shall be made to such agent. 

[1866, Sup. Art.] Article XVII. 

It shall be the duty of the Board to present with their annual report 
an estimate of the amount probably needed for the ensuing year, together 
with the facts and reasons upon which such estimate is based, in order 
that the Assembly may determine the amount it will recommend the 
churches to raise by voluntary contributions. 

* Minutes, 1890, p. 71. The Board may in its discretion accept a cash payment of 
seventy-seven per cent, of the face of the mortgage in lieu of the annual payments 
above referred to. 



380 FORM OF GOVERNMENT, CHAP. XII. 

[1854, Art. XVI.] Article XVIII. 

No change shall be made in any part of the foregoing plan by any future 
General Assembly except by an affirmative vote of two-thirds of all the 
members whose names have been entered upon the roll. 

3. Acts of incorporation. 

An Act to incorporate the Trustees of the Church Erection Fund of the Gen- 
eral Assembly of the Presbyterian Church in the United States of America. 
Passed March 31, 1855. 

The people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 

1. Samuel T. Spear, Asa D. Smith, Edwin F. Hatfield, James W. McLane, 
Walter S. Griffith, Oliver H. Lee, Norman White, William E. Dodge, and 
Stephen H. Thayer (designated for the purpose by the General Assembly of 
the Presbyterian Church, which met in Philadelphia, in May, 1854), and their 
successors in office, are hereby constituted a body corporate and politic, by the 
name of "The Trustees of the Church Erection Fund of the General Assem- 
bly of the Presbyterian Church in the United States of America," for the 
purpose of aiding feeble congregations in connection with the said General 
Assembly in the erection of houses of worship, and by that name, they and their 
successors shall and may have perpetual succession. Provided, That no money 
shall be furnished by said corporation for the erection of any house of wor- 
ship in any State or territory in which there shall exist at the time a law for 
the incorporation of religious societies, the title to which is not held by a 
religious corporation under and according to the laws of the respective States 
or territories in which such places of worship are located, frovided also, That 
the title shall in no instance be vested in any priest, bishop, or other eccle- 
siastic. 

2. The said corporation shall possess the general powers, and be subject to 
the provisions, contained in Title 3 of Chapter 18 of the first part of the Re- 
vised Statutes, so far as the same are applicable, and have not been repealed 
or modified. 

3. The management and disposition of the affairs and funds of said corpora- 
tion shall be vested in the individuals named in the first section of this act, 
and their successors in office, who shall remain in office for. such period, and 
be displaced and succeeded by others, to be elected at such time and in such 
manner as the said General Assembly shall direct and appoint ; and such 
election shall be made, and the said funds shall be held and administered, 
invested and disposed of, for the purposes aforesaid, in conformity with the 
provisions of the plan adopted by the said General Assembly. 

4. The said corporation shall in law be capable of taking, receiving and 
holding any real or personal estate, which has been or may hereafter be given, 
devised or bequeathed to them for the purpose of their incorporation, or 
which shall accrue from the use of said fund ; but the said corporation shall 
not take and hold real and personal estate above the sum of two hundred and 
fifty thousand dollars. 

5. This act shall take effect immediately. 

State of New York, ) 
Secretary's Office. $ 

I have compared the preceding with the original law on file in this office, 
and I do hereby certify that the same is a correct transcript therefrom, and of 
the whole of such original. 



under my hand and seal of office, at the city of Albany, 
L.S. this second day of April, 1855. 

A. G. Johnson, Deputy Secretary of State. 



OF THE GENERAL ASSEMBLY. 381 

4. The charter amended. 

Chapter 182. 

An Act to amend an Act entitled "An Act to incorporate the Trustees of the 
Church Erection Fund of the General Assembly of the Presbyterian 
Church in the United States of America," passed March 25, 1855. Passed 
March 27, 1871. 

The people of the State of New York, represented^ Senate and Assembly, 
do enact as follows : 

Section 1. Section one of the "Act to incorporate the Trustees of the 
Church Erection Fund of the General Assembly of the Presbyterian Church 
in the United States of America," passed March thirty -first, eighteen hundred 
and fifty-five, is hereby amended so as to read as follows : 

Sec. 1. Joseph Fewsmith, John Thomson, Elijah R. Craven, Norman 
Seaver, John Hall, Charles A. Dickey, Frank F. Ellinwood, Morris C. Sut- 
phen, Henry R. Wilson, Samuel J. Nicholls, Joseph R. Skidmore, Frederick 
G. Burnham, Jonathan C. Havens, Otis D. Swan, George W. Lane, John P. 
Crosby, Winthrop S. Gilman, Nathan Lane, Hezekiah King, Russell Scarritt, 
James M. Brauner (designated for the purpose by the General Assembly of 
the Presbyterian Church, which met in Philadelphia, in May, eighteen hun- 
dred and seventy), and their successors in office, are hereby constituted a body 
corporate and politic, by the name of "The Board of the Church Erection 
Fund of the General Assembly of the Presbyterian Church in the United 
States of America," for the purpose of aiding feeble congregations in connec- 
tion with the said General Assembly, in erecting houses of worship, and by 
that name they and their successors shall and may have perpetual succession ; 
Provided, That no money shall be furnished by said corporation for the erection 
of any house of worship in any State or territory in which there shall exist at 
the time a law for the incorporation of religious societies, the title to which is 
not held by a religious corporation under and according to the laws of the 
respective States or territories in which such places of worship are created ; 
Provided, also, That the title shall in no instance be vested in any priest, 
bishop, or other ecclesiastic. 

Sec 2. All acts done by said Trustees, in the proper performance of their 
trust, since their designation by said General Assembly, are hereby ratified 
and confirmed. 

Sec. 3. This act shall take effect immediately. 

State op New York, > 

Office of the Secretary of State, $ ' 

I have compared the preceding with the original law on file in this office, and 
do hereby certify that the same is a correct transcript therefrom, and of the 
whole of the said original law. 

Given under my hand and seal of office, at the city of .\lbany, 
L. S. this first day of May, in the year one thousand eight hundred 

and seventy-one. 

D. Willers, Jr., Deputy Secretary of State. 

Chapter 305. 

An Act further to amend chapter one hundred and thirty-one of the laws of 
eighteen hundred and fifty-five, entitled "An Act to incorporate the 
Trustees of the Church Erection Fund of the General Assembly of the 
Presbyterian Church in the United States of America." Passed May 10, 
1886 ; three-fifths being present. 

The people of the State of New York, represented in Senate and Assem- 
bly, do enact as follows : 

Section 1. Section one of chapter one hundred and thirty-one of the 
laws of eighteen hundred and fifty-five, entitled "An Act to' Incorporate 
the Trustees of the Church Erection Fund of the General Assembly of the 
Presbyterian Church in the United States of America," is hereby further 
amended so as to read as follows : 

§ 1. Joseph Fewsmith, John Thompson, Elijah R. Craven, Norman Sea- 
ver, John Hall, Charles A. Dickey, Frank F. Ellinwood, Morris C. Sutphen, 
Henry R. Wilson, Samuel J. Nicholls, Joseph R. Skidmore, Frederick G. 



382 FORM OF GOVERNMENT, CHAP. XII. 

Burnhaui, Jonathan C. Havens, Otis D. Swan, George W. Lane, John P. 
Crosby, Winthrop S. Gilman, Nathan Lane, Hezekiah King, Russell Scarrett, 
James M. Brauner (designated for the purpose by the General Assembly of the 
Presbyterian Church, which met in Philadelphia, in May, eighteen hundred 
and seventy), and their successors in office, are hereby constituted a body cor- 
porate and politic, by the name of "The Board of the Church Erection Fund 
of the General Assembly of the Presbyterian Church in the United States of 
America," for the purpose of aiding feeble congregations in connection with 
the said General Assembly in erecting houses of worship and manses, and also 
of aiding in the establishment of schools and chapels among the exceptional 
populations of Mormons, Indians and Spanish-speaking people in the United 
States, and by that name they and their successors shall and may have per- 
petual succession ; Provided, That no money shall be furnished by said corpora- 
tion for the erection of any house of worship in any State or Territory (except 
for the schools and chapels aforesaid), in which there shall exist at the time a 
law for the incorporation of religious societies, the title to which is not held 
by a religious corporation under and according to the laws of the respective 
States or Territories in which such places of worship are located ; Provided, 
also, That the title shall in no instance be vested in any priest, bishop or other 
ecclesiastic. 
§ 2. This Act shall take effect immediately. 

State of New York, > . 

Office of the Secretary of State, $ " 

I have compared the preceding with the original law on file in this office 
and do hereby certify that the same is a correct transcript therefrom and of 
the whole of said original law. 

Frederick Cook, 

Secretary of State. 

Laws of New York — By Authority. 

[Every law, unless a different time shall be prescribed therein, shall com- 
mence and take effect throughout the State on and not before the twentieth 
day after the day of its final passage, as certified by the Secretary of State. — 
Sec. 12, Title 4, Chap. 7, Part 1, Revised Statutes.] 

5. Plan and rules for the General Fund. 

1. Applications. — The Board meets statedly upon the fourth Monday 
in each month, and applications, in order to be considered, should reach 
the office not later than the preceding Friday. 

[Owing to the meeting of the General Assembly, the May meeting is 
usually omitted and the June meeting held on the second Monday.] 

(1) An application for aid in building should be made in form and 
upon the official blank which will be furnished by the Board. 

(2) The questions upon the blank should be answered as fully as pos- 
sible. 

(3) The application, when filled out, should be sent to the Committee 
upon Church Erection of the Presbytery to which the church belongs, in 
order to be approved by said Committee. 

(4) The certificate upon the third page of application should be filled 
up and signed by the counsel designated by the Committee upon Church 
Erection of the Presbytery. 

(5) With the application there should be sent a copy of the deed by 
which the church holds title to the property, and a diagram of the lots 
upon which a mortgage will be given, if a grant or loan is received. 

(6) The papers thus perfected should be forwarded, together with any 
correspondence that may be of service in considering the matter, to the 
Corresponding Secretary of the Board. 

It is important that before formal application is made to the Board, 
every effort be used to secure subscriptions in the community to be bene- 



OF THE GENERAL ASSEMBLY. 383 

fited by the proposed church edifice; but it is especially advised that 
private appeals be not made to other churches. 

2. Appropriations. — (1) No grant shall be made to any congregation, 
unless such congregation own in fee simple, and free from all legal incum- 
brance, the lot on which their house of worship is situated, or on which 
they propose to build ; Provided, That in the case of churches building 
upon lease -hold property, the Board, at its discretion, if it deems the 
security sufficient, may make the grant or loan upon such mortgage as the 
Finance Committee and the counsel shall approve. 

(2) The church must in every case be incorporated, unless in the State 
or Territory in which it is located there is no law for the incorporation of 
religious societies, and the title to the property must be in said corporation. 

(3) No grant shall be made for the payment of any debt except that 
which may have been contracted within one year previous in erecting a 
house of worship. 

(4) The sum granted to any congregation shall never be more than 
one -half of the amount contributed and secured by them for the house 
and lot, i. e., one-third of entire cost. 

(5) In all ordinary cases, the grant to any church shall not exceed 
81000, and in making grants the Board shall give special consideration 
and preference to the weaker churches, and less costly buildings, when 
other things are equal. 

(6) The Board is directed whenever practicable and in accordance 
with the best interests of the church aided, to engage with said church that 
the amount granted shall be regarded as a loan, not bearing interest, 
and to be repaid to the Board in specified annual payments to be also 
credited to the church as its annual contribution to the work of the 
Board [General Assembly, 1893]. 

(7) Whenever any congregation is able to raise towards the erection 
of a house of worship the sum of 83000, the propriety of obtaining (if 
help be needed) a loan without interest, upon the plan proposed by the 
Assembly of 1893, instead of asking a grant, should be carefully con- 
sidered, so that the weaker churches, not having such ability, may receive 
the grants they really need, and in case of buildings exceeding 85000 
in cost, the application should be made ordinarily to the Loan Fund 
[General Assembly, 1897]. 

(8) The appropriation, whether grant or loan, is subject to the follow- 
ing provisions of Article xii of the General Assembly's plan, viz. : 

' ' The condition of all donations from this source shall be that in case 
the church or congregation shall cease to be connected with the General 
Assembly, or their corporate existence shall cease, or their house of 
worship be alienated, except for the building or purchase of a better house 
of worship, they shall refund to the Board the amount which they have 
so received, with interest from the time of receiving it." 

3. Chapels. — By an amendment to its charter, secured May 10, 1886, 
and by direction of the General Assembly, the Board is permitted in 
conjunction with the Woman's Board of Home Missions, and under 
specified conditions, to aid " in the establishment of schools and chapels 
among the exceptional populations of Mormons, Indians and Spanish- 
speaking people of the United States." 

4. Payments. — After the appropriation is made, the conditions to be 
fulfilled before the payment of the money are as follows: 

(1) Before any church shall receive the amount of aid granted it by 



384 FORM OF GOVERNMENT, CHAP. XII. 

the Board, the trustees shall certify that the amount necessary to erect 
and complete their house of worship, less the amount of the grant of 
the Board, has been actually collected and expended upon the building, 
and that the sum to be received from the Board will entirely complete 
the building and leave the congregation free from debt; Provided, That 
in the case of a grant to a church that is the first to be organized in a 
new community in which there is previously no church of any evangeli- 
cal denomination, the Board, after the lot has been secured to the con- 
gregation in fee -simple, and after a mortgage upon it to the Board for 
the amount of its grant has been effected, may, at its discretion, advance 
to the church from time to time before the completion of the edifice 
such installments of the amount of the grant as shall not at any time 
exceed one-half of the amount collected for the erection of the building, 
and one -half of the value of the lot, no such installment, however, 
being less than one -quarter of the amount of the grant. 

(2) A mortgage upon the church property duly executed and acknowl- 
edged by the trustees, and recorded in the County Clerk's or Register's 
office, is to be returned to the Board with a certificate endorsed upon 
said mortgage by an attorney -at -law, designated by the Presbytery, to 
the effect that the church has a valid title to the property, and has full 
liberty to mortgage the same, and that said mortgage is a first lien upon 
the property, and has been properly executed, acknowledged and recorded 
according to law. 

[" Provided, That in the case of churches located upon Indian reserva- 
tions, where no title in fee-simple is attainable, the Board may accept, 
in place of the mortgage, a certificate of the trustees of the church, 
promising to carry out, as far as possible, the usual conditions of the mort- 
gage; and also promising to execute the proper mortgage so soon as the 
laws of the Territory or of the State will permit " [General Assembly, 
1889]. 

(3) A policy of insurance in some trustworthy company is to be pro- 
cured by the Board, said policy to run five years. The premiums upon 
all policies are deducted from the amount of the grant in the first 
instance, and afterward, in accordance with the terms of the mortgage, 
the policies are renewed at the expense of the church aided. 

[Blanks for the above -mentioned mortgages and for insurance surveys 
will be furnished by the Board. Care should be taken to secure accuracy 
in the form of the papers — especially the mortgage instruments — to be 
executed at the time of receiving the appropriation, as thus vexatious 
delay will be prevented. The Board is not at liberty to depart from the 
rules established by its charter and by the General Assembly.] 

5. Release of Mortgage. — (1) Any church making an annual contri- 
bution to this Board of not less than ten per cent, of the amount origi- 
nally granted to it shall be deemed as paying in such contribution an 
installment of like amount upon the mortgage held by the Board ; and 
when such payments in the aggregate shall equal the amount of the 
grant, the Board shall execute a release of the mortgage, and thus 
remove its lien from the property of the church; Provided, That such 
church, at the time such contribution is sent, shall notify the Board that 
it desires such application thereof to be made [Art. xv] . 

(2) As securing the same result as the above provision, the Board will 
release any such mortgage upon the receipt, in one payment, of seventy- 
seven per cent, of the amount secured by such mortgage. 



OF THE GENERAL ASSEMBLY. 385 

(3) Churches electing to receive the appropriations as a loan, and to 
make specified annual payments as provided (ii, 6), are also entitled, 
when full payment is made, to a release of the mortgage. 

6. Plan and rules for Loan Fund. 

1. Special contributions shall be invited from churches and individuals 
to establish " The Loan Fund of the Board of the Church Erection 
Fund," which fund shall be under the charge of said Board and admin- 
istered by it as hereinafter provided. 

2. Contributions to the Loan Fund may be also accepted by the Board, 
with the provision that such contributions shall be subject to the payment 
of interest to the donors during their lifetime; Provided, however, That 
all amounts so received shall be loaned only upon adequate securities,, 
and that the aggregate amount of annual life-interest that the Board 
shall undertake to pay shall never be allowed to exceed two- thirds of 
the annual interest receivable on the entire loan fund of the Board. 

3. No part of said fund shall ever be disposed of by gift for any 
purpose, or be used for current expenses, but it shall be preserved with- 
out diminution as a perpetual fund. 

4. This fund shall be administered as entirely distinct from the gen- 
eral fund from which ordinary grants are made. 

5. The Board may at its discretion make use of its permanent fund or 
the interest accruing therefrom as a part of the loan fund, and Article 
VI of the plan of the Board as reenacted by the Assembly of 1889 
shall be construed in accordance with this rule. 

6. Conditions of loaning. — Said fund may be loaned in small sums 
to such churches as shall be proper recipients under the following condi- 
tions: 

(1) Loans shall be made only to such churches as give promise of 
permanent life and strength. 

(2) No loan shall be made ordinarily to aid in the erection of an 
edifice costing more than $10,000. 

(3) No loan to any one church shall ordinarily exceed either the sum 
of $5000, or one-half the value of the proposed lot and edifice. 

(4) No loan shall be made to any church which is not incorporated 
(as provided by the charter of this Board), and which does not hold 
the title to its property in fee simple and unincumbered otherwise than to 
this Board; Provided, That in the case of churches building upon lease- 
hold property, the Board, at its discretion, if it deems the security 
sufficient, may make the loan upon such mortgage as the Finance Com- 
mittee and the counsel may approve. 

7. Provisions before payment. — In the case of all such loans the 
following provisions shall be made: 

(1) Satisfactory proof shall be given as to the title to the property by 
which the loan is to be secured. 

(2) The loan shall be secured by the bond or notes of the corporation, 
by a mortgage upon the property benefited, and by a satisfactory collateral 
personal bond. 

(3) Interest at six per cent, shall be charged in all ordinary cases, 
payable semi-annually. 

8. Return of Loans. — (1) Loans shall be ordinarily returned within 
ten years in annual installments, the amount of each annual installment 
to be at the discretion of the Board. 

25 



386 FORM OF GOVERNMENT, CHAP. XII. 

(2) In all cases where interest and annual installments are promptly 
and fully paid, the Board may upon the final payment allow a rebate 
equal to one -half of the aggregate annual interest. 

9. Responsibilities of Presbyteries. — (1) Applications for loans shall 
be indorsed by the Presbytery to which the church belongs, or 
by its Standing Committee upon Church Erection, under the same 
rules, so far as applicable, provided for the administration of the general 
fund. 

(2) In cases of default in payment of either principal or interest, the 
Presbytery or its Committee shall cooperate with the Board in enforcing 
such payment, and loans may be withheld from churches within the 
bounds of Presbyteries where previous loans or the interest thereupon, 
more than a year overdue, remain unpaid. 

10. Preservation of the Fund. — In order that the Fund may remain 
undiminished, the Board shall insist upon promptness in payment by 
the churches to which loans have been made, of both principal and inter- 
est; and in all ordinary cases after default has continued for more than 
a year it shall take the proper steps to enforce its claims. 

In no ordinary case shall the Board make a subsequent grant from its 
general fund to relieve a church from the responsibility of repaying a 
previous loan. 

7. Plan and rules of the Manse Fund. 

1. Applications. — The Board meets statedly upon the fourth Monday 
in each month, and applications, in order to be considered, should 
reach the office not later than the preceding Friday. 

[Owing to the meeting of the General Assembly, the May meeting is 
usually omitted and the June meeting held on the second Monday of the 
month.] 

(1) Au application for aid in building a manse should be made in 
form and upon a blank which will be furnished by the Board. 

(2) The questions upon the blauk should be answered as fully as 
possible. 

(3) The application, when filled out, should be sent to the Committee 
upon Church Erection of the Presbytery to which the church belongs, 
in order to be approved by said Committee. 

(4) The certificate (upon the third page of application) should be 
filled up and signed by the counsel designated by the Committee upon 
Church Erection of the Presbytery. 

(5) The application thus perfected should be forwarded (together with 
any correspondence that may be of service in considering the matter) to 
the Corresponding Secretary of the Board. 

It is recommended that before formal application is made to the Board, 
every effort be used to secure subscriptions in the community benefited by 
the church or proposed manse; but it is especially advised that private 
appeals be not made to other churches. 

2. Appropriations. — (1) No loan shall be made to any congregation, 
unless such congregation own in fee-simple, and free from all legal incum- 
brance, the lot on which their manse is situated, or on which they 
propose to build. 

(2) No loan shall be made for the payment of any debt of long 
standing, formerly contracted in building a manse. 

(3) The appropriations of the Board for manses shall be made only 



OF THE GENERAL ASSEMBLY. 387 

from such special gifts, and such portions of church collections as may 
be designated by the givers for this end. 

(4) The appropriations in all ordinary cases shall be made as loans, 
the amount, without interest, to be paid by installments or otherwise, 
within three years, such loans never to exceed one- half of the cost of 
the building. In case the appropriation, for exceptional reasons, is a 
grant, then the amount shall not exceed one- third the cost of the 
building. 

(5) Such limit shall be fixed as will confine the work to the feebler 
and mission churches. 

3. Payments. — After the loan is voted, the conditions to be fulfilled 
before the payment of the money are as follows: 

(1) Before any church shall receive the loan, the trustees shall certify 
that the amount necessary to erect and complete their manse, less the 
amount of the loan of the Board, has been collected and actually ex- 
pended upon the building, and that the sum to be received from the 
Board will entirely complete the building, and leave the congregation 
free from debt for its erection. 

(2) A mortgage upon the manse property duly executed and acknowl- 
edged by the trustees and recorded in the County Clerk's or Register's 
office, is to be returned to the Board with a certificate endorsed upon said 
mortgage by an attorney -at- law, designated by the Presbytery, to the 
effect that the church has a valid title to the property, and has full 
liberty to mortgage the same, and that said mortgage is a first lien upon 
the property, and has been properly executed, acknowledged and 
recorded, according to law. 

(3) A policy of insurance in some trustworthy company is to be pro- 
cured by the Board, said policy to run five years. The premiums upon 
all policies are deducted from the amount of the loan in the first instance, 
and when the loan is repaid, a rebate of unearned premium, if any, is 
returned. 

[Blanks for the above-mentioned forms of mortgages and insurance 
will be furnished by the Board. Care should be taken to secure accu- 
racy in the form of the papers — especially the mortgage instruments — to 
be executed at the time of receiving the appropriation, as thus vexatious 
delay will be prevented. The Board is not at liberty to depart from the 
rules established by its charter and by the General Assembly.] 

VI. RELIEF FUND FOR DISABLED MINISTERS, AND THE WIDOWS AND 
ORPHANS OF DECEASED MINISTERS. 

1. Early History. 

a. The Assembly of 1849, O. S., adopted the following, viz. : 

Whereas, There are many disabled and superannuated ministers in 
connection with the Presbyterian Church, and widows and families of 
Presbyterian ministers who are in indigent circumstances, and as the 
Church increases their number is likely to increase; and 

Whereas, It is the duty of the Church to provide for those who have 
devoted their time and spent their energies in her service, and also for 
their families; and 

Whereas, No local provision can effectually meet this object, and no 
efficient general provision has ever yet been made; therefore, 

Resolved, 1. That in order to constitute a fund for the support of the 
widows and families of deceased ministers, and for the relief of super- 



388 FORM OF GOVERNMENT, CHAP. XII. 

animated and disabled living ministers, it is hereby enjoined upon all our 
Synods and Presbyteries to take such action as may secure a contribution 
annually. 

Resolved, 2. That a column be added to the table of Statistical Reports 
for these contributions. 

Resolved, 3. That the funds thus contributed be placed in the hands 
of the Board of Trustees of the General Assembly, to be disbursed by 
the Board of Publication upon the recommendation of Presbyteries, as 
the funds for Domestic Missions, Education and Church Extension are 
now appropriated. 

Resolved, 4. That in order to the founding of a permanent fund for 
this same object, special contributions and legacies be invited from all 
parts of the Church, the principal of which shall be safely invested by 
the Board of Trustees of the General Assembly, and the interest to be 
added to the general fund provided for in a foregoing resolution. — 1849, 
p. 266, O. S. 

Overture No. 25. — A request from the Board of Publication, in 
answer to which the following minute was ordered, at the recommenda- 
tion of the Committee, viz. : 

The duty of disbursing the fund in aid of superannuated and disabled 
ministers and their families is hereby transferred from the Board of 
Publication to the trustees of the General Assembly. — 18-52, p. 224, O. S. 

On a report of the trustees the Assembly adopted the following, viz. : 

Resolved, 1. That it be earnestly recommended to the Presbyteries to 
take such action in regard to this matter as will tend to bring up the 
Church to the performance of her duty in regard thereto. 

Resolved, 2. That every minister and church Session be earnestly 
requested to present this subject to their congregation during the coming 
year, and obtain a contribution to the object; which contribution shall 
be transmitted to the Treasurer of the Board of Trustees of the General 
Assembly, to be disbursed in an economical way, and upon an equitable 
ratio, upon application made through the Presbytery to which the party 
applying for relief naturally belongs, or a Committee of that Presby- 
tery; the Board to report to the next General Assembly. — 1856, p. 533, 
O. S. 

A Committee was also appointed to digest and report to the next 
Assembly a scheme for future operations. 

[Note.— See the report, Minutes, 1857, p. 218.] 

b. The Assembly of 1861, N. S., in answer to an overture from the 
Presbytery of the District of Columbia, " On the subject of raising a 
fund to be applied to the aid of disabled ministers and their families, 1 ' 
appointed a Committee to report to the next Assembly a plan of opera- 
tions. — 1861, p. 473. The Committee was enlarged and continued 
(1862, p. 38) ; discharged and a new Committee appointed (1863, p. 
280). This Committee reported (1864, pp. 497-502), and the follow- 
ing was adopted: 

Resolved, 1. That a fund, to be called " The Ministerial Relief 
Fund," for the relief of disabled ministers of good and regular standing, 
in connection with this body, and the families of ministers who have 
deceased while in our connection, be constituted, to be supplied by annual 
collections in all our churches, donations and legacies. 

Resolved, 2. That in order to constitute and maintain such fund, it is 



OF THE GENERAL ASSEMBLY. 389 

hereby enjoined upon all our Presbyteries to take such action as shall 
secure from every church an annual contribution thereto. 

Resolved, 3. That this fund be entrusted to the trustees of the Presby- 
terian House, to be by them disbursed upon the recommendation of 
Presbyteries, upon such principles and rules of distribution as they shall 
deem most equal and beneficial. 

Resolved, 4. That for the special oversight and care of the interest 
thus committed to them, the trustees are authorized to appoint a Secre- 
tary, prescribe his duties and determine his salary. — 1864, p. 502, N. S. 

That every Presbytery be directed to appoint a Standing Committee, 
whose duty it shall be to inquire into the necessities of disabled minis- 
ters, and of the widows and orphans of those deceased, with a view of 
bringing the cases of such to the notice of the Executive Committee of 
the Relief Fund.— 1865, p. 30, N. S. 

The Fund was committed by the Assembly to the Board of Trustees 
of the General Assembly. — 1870, p. 123. 

2. The Board of Relief constituted. 

The Board of Ministerial Relief shall consist of twelve members, the 
Secretary and Treasurer being added as members, ex-offieio, five members 
to constitute a quorum. 

[Note. — For the members of the Board see Digest, 1886, p. 562.] 

The new Board were instructed to meet at Philadelphia, June 20, for 
the purpose of organizing and taking the necessary steps looking to their 
incorporation under the laws of the State of Pennsylvania. — 1876, p. 63. 

3. The charter obtained. 

Your Committee call attention to the fact that, in pursuance of the 
action of the last General Assembly (see Minutes of the General Assem- 
bly, 1876, p. 63), the late " Relief Committee" have been changed 
into ' ' The Presbyterian Board of Relief for Disabled Ministers and the 
Widows and Orphans of Deceased Ministers," and a proper charter 
obtained from the legal authorities of the Commonwealth of Pennsyl- 
vania. A copy of this charter is found in the annual report of the 
Board, pp. 15-17. The Board asks the attention of the General 
Assembly (see Report, p. 11) to a requisition of the charter that this 
General Assembly shall, at its present meeting, elect twelve directors, 
in three equal classes, to serve respectively for one, two and three 
years, and until their successors shall be elected. — 1877, p. 557. 

4. The charter. 

Whereas, "The General Assembly of the Presbyterian Church in the United 
States of America" has heretofore held and administered a fund for the relief 
of its disabled ministers and the needy widows and orphans of its deceased 
ministers, through a Committee of its Board of Trustees ; 

And Whereas, At meetings of said General Assembly, held at Brooklyn, in 
the State of New York, on May 29 and 31, 1876, it erected a Board of 
Ministerial Relief, and directed said Board to adopt suitable measures to 
obtain a proper charter from the legal authorities of the Commonwealth of 
Penns} T lvania ; 

Now, in pursuance of said direction, the subscribers, composing said Board, 
adopt the following as the articles of said charter, viz.: 

I. The name of the corporation shall be "The Presbyterian Board of 
Relief for Disabled Ministers and the Widows and Orphans of Deceased 
Ministers." 



390 FORM OF GOVERNMENT, CHAP. XII. 

II. The purpose for which this corporation is formed is to receive, hold and 
disburse such real and personal estate as may be given to it for the relief and 
support of disabled ministers and the needy widows and orphans of deceased 
ministers of the said Church. 

III. The place where its business is to be transacted is the city of Philadel- 
phia, in the State of Pennsylvania, 

IV. The term for which it is to exist is in perpetuity. 

V. The number of its directors for the first year, expiring in May, 1877, shall 
be twelve, and the corresponding secretary and treasurer, whose names and 
residences are as follows, viz.: 

Villeroy D. Reed, Camden, New Jersey. 

Elias R. Beadle, Philadelphia, Pennsylvania. 

Charles A. Dickej', Philadelphia, Pennsylvania. 

Henry E. Niles, York, Pennsylvania. 

J. H. Mason Knox, Bristol, Pennsylvania. 

J. Frederick Dripps, Philadelphia, Pennsylvania. 

John C. Fan*, Philadelphia, Pennsylvania. 

William G. Crowell, Philadelphia, Pennsylvania. 

George Junkin, Philadelphia, Pennsylvania. 

Samuel Hood, Philadelphia, Pennsylvania. 

William E. Tenbrook, Philadelphia, Pennsylvania. 

Robert Cornelius, Philadelphia, Pennsylvania. 

George Hale, Pennington, New Jersey, Corresponding Secretary. 

Eugene G. Woodward, Philadelphia, Pennsylvania, Treasurer. 

VI. The business of the corporation shall be managed by a Board of Direc- 
tors, consisting of twelve, and the corresponding secretary and treasurer, who 
shall be ex officio members, and of whom five shall be a quorum, and such offi- 
cers and committees under its supervision as it may elect and appoint. 

The said General Assembl}' shall, at its next annual meeting, in May, 1877, 
elect twelve directors in three equal classes, to serve respectively for one, two 
and three years, and until their successors shall be elected ; and at each annual 
meeting thereafter shall elect four persons to serve as directors for three years 
and until their successors shall be elected, and shall fill all vacancies that may 
exist in the Board. 

At least one person in each class, and on each annual election, shall be a 
citizen of the Commonwealth of Pennsylvania. 

VII. The officers of the Board shall be a president, vice-president, corre- 
sponding secretary, recording secretary and treasurer, who shall be elected by 
the Board by ballot at the annual meeting which shall be held during the 
month next succeeding the annual meeting of the General Assembly, and 
whose duties shall be defined by the by-laws. 

VIII. All the business of the corporation shall be conducted by the Board 
under and subject to the direction of the said General Assembly, and in accord- 
ance with the laws of the Commonwealth of Penns} r lvania and of the United 
States of America. 

The foregoing Charter was obtained on October 21, 1876, under the Act of 
the Legislature of Pennsylvania of 29th April, 1874, and on the same day was 
recorded in the office of the Recorder of Deeds for the City of Philadelphia, in 
Charter Book No. 3, page, 186, etc. 

The Act aforesaid provides that a corporation created under it shall have the 
following powers (see Brightly 's Digest), viz.: 

"I. To have successors by its corporate name, for the period limited by its 
charter ; and when no period is limited thereby, or by this Act, perpetually : 
subject to the power of the General Assembly under the Constitution of this 
Commonwealth. 

"II. To maintain and defend judicial proceedings. 

"III. To make and use a common seal, and to alter the same at pleasure. 

"IV. To hold, purchase and transfer such real and personal property as the 
purposes of the corporation require, not exceeding the amount limited by its 
charter or by law. 

"V. To appoint and remove such subordinate officers and agents as the 
business of the corporation requires, and to allow them a suitable com- 
pensation. 

"VI. To make by-laws, not inconsistent with law, for the management of 
its property, the regulation of its affairs and the transfer of its stock. 

"X. Each of the said corporations may hold real estate to an amount 



OF THE GENERAL ASSEMBLY. 391 

the clear yearly value or income whereof shall not exceed twenty thousand- 
dollars." 

5. Rules of the Board of Relief. 

Appropriations. — 1. Only members of Presbyteries in connection with 
the General Assembly of our Church, and the families of those who were at 
their death in such connection, and lay missionaries and their families, 
are entitled to aid ; and no adults shall be entitled to aid, who are not 
members of, and who do not acknowledge the jurisdiction, nor submit to 
the discipline of the Presbyterian Church in the United States of Amer- 
ica, unless such extraordinary circumstances should exist, as to make it, 
in the judgment of the Board, wise and right to admit their claim. 

2. The General Assembly of 1880 directed that in ordinary cases no 
appropriations can be made to ministers simply because they are poor. 
In order to receive aid they must be disabled by disease, or the infirmities 
of age, so as to be unable to sustain themselves by some suitable employ- 
ment (Minutes of General Assembly, 1880, p. 21, and 1889, p. 32). 

3. The General Assembly of 1880 directed, " That, in case of a min- 
ister who voluntarily, and in health, leaves the work of the ministry for 
some secular employment, and follows that for a series of years, and 
then, by failure of business, has come to want, such a course should 
ordinarily be regarded as a voluntary relinquishment of all claim upon 
the funds of the Board " (Minutes of General Assembly, 1880, p. 21). 

4. Except for ministers Honorably Retired, all appropriations are 
made for one year, unless otherwise ordered; and the renewals for appro- 
priations must be made from year to year. 

5. All the appropriations are paid in advance, provided the funds of 
the Board will allow this to be done. If the appropriation is not more 
than one hundred and fifty dollars it is paid in advance in one payment. 
When an appropriation is more than one hundred and fifty dollars per 
annum, it is paid in two equal installments, semi-annually in advance. 

6. While the responsibility of recommending applicants rests with the 
Presbyteries, and these recommendations largely govern the action of 
the Board, yet there is reserved to the Board the right to appropriate 
according to the merits of the case, and the state of the treasury. 

Honorably Retired Ministers. — 7. Every honorably retired minister 
over seventy years of age, Avho is in need, and who has served our 
Church as a missionary of the Home or Foreign Board, or of the Board 
of Missions for Freedmen, or as a pastor, or stated supply, for a period 
in the aggregate not less than thirty years, shall be entitled by such 
service to draw from the Board of Ministerial Relief an annual sum for 
his support, without the necessity of being annually recommended there- 
for by the Presbytery. When such a minister shall certify to the Pres- 
bytery the fact and amount of his need, not exceeding $300 per annum, 
it shall be the duty of the Stated Clerk to forward the application to the 
Board, with his endorsement thereon, as to the years of service such 
minister has rendered, his field or fields of labor, with the term of 
service in each, and also to certify that the same has been reported to the 
Presbytery and is recorded upon its Minutes. It shall then be the duty 
of the Board to pay such annual amount so long as the applicant shall 
live, unless otherwise directed by the Presbytery or the applicant himself, 
in view of a change in his circumstances that may make the appropriation 
iu whole or in part no longer necessary (Minutes of General Assembly 
of 1889, p. 32; 1891, pp. 33 and 44; 1894, p. 35). 



392 FORM OF GOVERNMENT, CHAP. XII. 

Disabled Ministers. — 8. An annuity to a minister who has not been in 
the aggregate thirty years in active service in the Presbyterian Church as 
a missionary of the Home or Foreign Board, or of the Board of Missions 
for Freedmen, or as pastor or stated supply, is made on the recommen- 
dation of that Presbytery, or of a Standing Committee of that Presby- 
tery to which the applicaut belongs; and the recommendation in each 
case must be annually renewed. An application for aid should in case 
of such minister, state his age, his circumstances and the number of 
years he has been in the ministry; aud the sex and age of the children 
who are dependent on him for support. 

Lay Missionaries. — 9. The Assembly of 1889 directed as the best 
method for the present for supplying a felt need, that the names of 
regularly appointed Lay Missionaries of the Foreigu Board and their 
families shall also be placed upon the roll of the Board the same as min- 
isters. In their applications for aid, lay missionaries shall be governed 
by the rules that apply to ministers (Minutes of General Assembly of 
1889, p. 32, and report of Board in Minutes of Assembly of the same 
year, p. 240). 

Women. — 10. Women who have given themselves to missionary work, 
and have labored five years under the Home or Foreign Board, or under 
the Board of Missions for Freedmen, may receive aid from this Board, 
upon the same conditions as ministers. They may be recommended by 
the Presbytery in the bounds of which they reside, or by the Presbytery 
having jurisdiction of the church of which such missionaries may be 
members, and their applications should have the endorsement of the 
Board under which they have held commissions (Minutes of General 
Assembly of 1885, p. 592; 1888, p. 33; 1894, p. 35). 

11. If the application for aid be for a widow of a minister, it may be 
made by the Presbytery within whose bounds the family resides, or prefer- 
ably by the Presbytery with which her husband was connected at the 
time of his death (Minutes of General Assembly of 1884, p. 48). 

Unless the applicant is well known, the Committee of Ministerial Relief 
should always secure the endorsement of the Session of the church of 
which the applicant is a member, to the effect that she needs, and is 
deserving of the aid for which application is made. 

12. When a woman contracts marriage with a retired minister who is 
receiving aid from the Board, she shall not be entitled at his death to 
become a beneficiary of the Board. 

13. The widow of a minister who remarries outside of the ministry 
thereby relinquishes all claims upon the Board, and should she again 
become a widow she would not be entitled to aid. 

14. Except in extraordinary cases, no appropriation will be made to 
the widow of a minister who has children able to give her support 
(Minutes of General Assembly of 1880, p. 21). 

Orphans. — 15. Aid may be given to orphans of ministers and lay 
missionaries, as the General Assembly says, w 7 ho are ' ' under the age at 
which they are able to earn their own living, ' ' and in exceptional cases 
to orphans who have been from early years " chronic invalids." The 
same rule applies in case of orphans asking for aid, as in the case of 
other beneficiaries of the Board in regard to recommendations and annual 
renewals ( Minutes of General Assembly of 1889, p. 32). 

Guests at Perth Amboy. — 16. Applications for admission to the Pres- 
byterian Ministers' House, at Perth Amboy, N. J., are to be made by 



OF THE GENERAL ASSEMBLY. 393 

the Presbyterial Committee in accordance with the foregoing rules. 
Guests are admitted to the Ministers' House in lieu of an appropriation 
of money. Any guest of the House, who, in the judgment of the 
Superintendent, may be a hindrance to its usefulness and to the comfort 
of the other guests, shall be reported by her to the Committee in charge, 
who shall have power, after an investigation of all the circumstances, to 
recommend to the Board an appropriation in money for the support of 
such guest, in lieu of a residence at the House. Guests at the Ministers' 
House must be annually recommended for free residence there by the 
Presbyteries. 

VII. THE BOARD OF MISSIONS FOR FREEDMEN. 

1. The plan adopted in 1870. 

In view, therefore, of all the papers submitted, and of the whole sub- 
ject as we have been able to examine it, your Committee would recom- 
mend the adoption of the following resolutions, to wit: 

Resolved, 1. That the Assembly's Committee on Freedmen, and the 
Freedmen's Department of the Presbyterian Committee of Home 
Missions, and their Secretaries, are hereby commended for their fidelity 
and energy in the prosecution of the work committed to their charge, 
that their reports be printed for circulation in the churches, and that 
they be directed to continue the work until the reorganization is com- 
pleted. 

Resolved, 2. That the work of the Presbyterian Church for the colored 
race in this country, including both their religious and educational inter- 
ests, shall be conducted by a Committee to be located in the city of 
Pittsburgh, Pa., to be known by the name, style and title of " The 
Presbyterian Committee of Missions for Freedmen," and that this 
Committee shall consist of twelve members, of whom five shall be a 
quorum, to meet on their own adjournment. 

Resolved, 3. That this Committee be directed to organize on Thursday, 
June 16, at 3 o'clock P.M., in the lecture-room of the First Presby- 
terian Church of Pittsburgh, Pa., and that the Stated Clerk of the 
Assembly be directed to give official notice to the members of their 
election. 

Vacancies occurring in this Committee, by resignation or otherwise, 
may be filled by the Committee (until the meeting of the next Assem- 
bly) at any regular meeting, of which election due notice has been 
given. 

Resolved, 4. That the Assembly's Committee on Freedmen, and the 
Freedmen's Department of the Presbyterian Committee of Home Mis- 
sions, are hereby directed, on the organization of this Committee, or at 
as early a time as can be done safely, to transfer to the Committee of 
1 Missions for Freedmen all papers, documents, moneys and properties 
then in their hands or under their control pertaining to the work; and 
further, these organizations are continued as at present constituted for 
the purpose of receiving and paying over to the Committee of Missions 
for Freedmen all moneys which may come into their hands for this work 
by legacy or otherwise. 

Resolved, 5. That the Assembly recommend to the Boards of the 
Church to cooperate with the Committee of Missions for Freedmen in 
conducting its work. 

Resolved, 6. That in view of the fact that only one -third of our 



394 FORM OF GOVERNMENT, CHAP. XII. 

churches contributed to this cause during the past year, each Presbytery 
be required to appoint a Committee of one, whose duty it shall be, by 
correspondence or otherwise, to see that this cause is brought before each 
church for its generous contribution. 

To conclude: In the judgment of your Committee, the great need of 
the Freedmen to-day is a supply of competent preachers and teachers, 
raised up from among themselves. For help in this matter we look with 
hope to Lincoln University, at Oxford, Pa. ; to Biddle Memorial Institute, 
at Charlotte, N. C. ; to the Normal School of Winchester, Va. ; and to 
other similar institutions established by our Church. We urge especially 
the necessity of providing schools where females may enjoy advantages 
that may enable them to keep pace with the other sex in intellectual and 
moral elevation. 

The Committee beg leave to nominate the following persons to consti- 
tute the Presbyterian Committee of Missions for Freedmen : 

Ministers — James Allison, D.D., Samuel J. Wilson, D.D., John 
Gillespie, Peter S. Davies, Frederick A. Noble, Elliott E. Swift. 

Laymen — Joseph Albree, John C. McComb, Robert C. Totten, Oliver 

McClintock, James B. Lyon, George B. Logan. — 1870, p. 105. 

[Note. — The Committee was authorized to apply for a charter (Minutes, 1882, p. 32), 
which was obtained under the title of the Presbyterian Board of Home Missions for 
Freedmen of the Presbycerian Church in the United States of America.— 1883, p. 592. 
See below, 3.] 

2. Relative duties and authority of the Board and the Presbyteries. 

Overture, from the Presbytery of Washington City, asking the Assem- 
bly to define the relative duties and authorities of the Freedmen' s Board 
and the Presbyteries, in relation to the Freedmen churches under their 
care. 

Your Committee recommend : That all operations of the Board, within 
the bounds of any Presbytery, should be originated and conducted with 
due recognition of the Presbytery and its agencies, according to the 
following specifications: 

1. While appropriations of aid to churches are to be made on the 
recommendation of Presbyteries, the Assembly regards the Board as 
having the right to refuse or modify such appropriations ; but in every 
case of refusal or modification, the Board shall promptly present to the 
Presbytery a written statement of the reasons for so doing. 

2. In questions touching the organization of churches, or the charac- 
ter of ministers, the Board, in case of differences between the Presby- 
tery and itself, should abide by the final judgment of the Presbytery. 

3. In the establishment and maintenance of schools, the Board should 
carefully consider the recommendations of the Presbytery; but should 
act finally on its own judgment. 

The recommendations of the Committee were adopted. — 1884, p. 48. 

3. Charter of the Board of Missions for Freedmen of the Presbyterian 
Church in the United States of America. 

To the Honorable the Judges of the Court of Common Pleas, No. 2, of Alle- 
gheny County, Commonwealth of Pennsylvania : 
The undersigned citizens of the said Commonwealth respectfully represent : 
That under the rules and usages of the Presbyterian Church of the United 
States of America they are desirous of being incorporated pursuant to the Act 
of the General Assembly of the said Commonwealth of Pennsylvania, en- 
titled "An Act to provide for the incorporation and regulation of certain Cor- 
porations, approved the twenty-ninth day of April, A.D. one thousand eight 



OF THE GENERAL ASSEMBLY. 395 

hundred and seventy-four, and the several supplements thereto." Herewith 
stating the object and purposes thereof: 

Section l/Elliott E. Swift, James Allison, Samuel J. Wilson, Samuel J. 
Fisher. Charles L. Thompson, John M. Richmond, John C McCombs, Robert 
C. Totten, James B. Lyon, William C. Aughinbaugh. Robert S. DaVis and 
Charles W. Hubbard designated for this purpose by the General Assembly of 
the Presbyterian Church in the United States of America which met at Spring- 
field, in the State of Illinois, in the month of May, Anno Domini one thousand 
eight hundred and eighty-two. and their successors in office chosen from time 
to time by the said General Assembly, are hereby constituted a body politic 
and corporate, to have perpetual succession "by the name of "'The Board of 
Missions for Freedmen of the Presbyterian Church in the United States of 
America/' the object of which shall be to assist in sustaining the preaching of 
the Gospel among the freedmen of the United States of America, in building 
and erecting and maintaining churches, schools, academies, colleges and insti- 
tutions of learning, for their benefit and to superintend the whole work of 
missions and education among them in behalf of the said Church, as the 
General Assembly may from time to time direct ; also to receive, take charge 
of and disburse all property and funds which may at any time and from 
time to time, be entrusted to said Church or said Board of "Missions for said 
freedmen for missionary or educational purposes. 

Sec. 2. The said corporation shall possess the general powers and be sub- 
ject to the provisions contained in Section one of the said Act of Assembly, ap- 
proved the twenty-ninth day of April, Anno Domini one thousand eight hun- 
dred and seventy-four and its supplements, so far as the same is applicable. 

Sec. 3. That said corporation shall in law be capable of taking and receiv- 
ing and holding any real or personal estate which has been or may hereafter be 
given, devised or bequeathed to it or to the General Assembly, or to any one 
in trust for the purposes aforesaid and in conformity with existing statutes, or 
which may accrue from the use of the same, and the same to sell, mortgage, 
alien, demise and convey, and to invest and reinvest in mortgages, stocks, bonds 
or other securities, any money received for purposes aforesaid by gift, devise or 
bequest ; Provided always, That the clear yearly income of real estate held 
by said corporation shall not at any time exceed the amount fixed by law or 
existing statutes. 

Sec.^4. The management and disposition of the funds and affairs of said 
corporation shall be vested in the individuals named aforesaid and their suc- 
cessors in office, who shall remain in office for such period and be displaced 
and succeeded by others, to be elected at such time and in such time and in 
such manner as the said General Assembly of the Presbyterian Church in the 
United States of America shall direct and appoint. 
In testimony whereof, we have hereunto set our hands and seals this 

day of August, Anno Domini one thousand eight hundred and 

eighty-two. 

Elliott E. Swift, (Seal) 

James Allison, (Seal) 

S. J. Wilson, (Seal) 

Robert C. Totten. (Seal) 

James B. Lyon, (Seal) 

Robert S. Davis, (Seal) 

C. W. Hubbard, (Seal) 

W. C. Aughinbaugh, (Seal) 

John C. McCombs. (Seal) 

State of Pennsylvania 
County of Alleghen 

Before me, William H. Graham, Recorder of said county, personally came 
Robert S. Davis, William C. Aughinbaugh and J. C. McCombs, three" of the 
subscribers to the foregoing Articles of Association, who acknowledged the 
same on behalf of themselves and their associates to be their act and deed as 
required by the Act of Assembly in such case made and provided. 

In witness whereof I have hereunto set my hand and official seal this twen- 
ty-fourth day of August, Anno Domini one thousand eight hundred and 
eighty-two. 

rL g -. William H. Graham, 

L * * J Recorder. 



ffIA, ) 
NY. $ 



396 FORM OF GOVERNMENT, CHAP. XII. 

In Court of Common Pleas No. 2 of Allegheny County. 
In the matter of the incorporation of 
" The Board of Missions for Freed- 
men of the Presbyterian Church 
in the United States of America." 
The within certificate and Articles of Association having been presented to 
the Honorable J. W. F. White, a Law Judge of the Court of Common Pleas 
No. 2, of said county, the certificate of the Recorder of said county being en- 
dorsed thereon, accompanied with proofs of publication as required by law, 
and the said Judge having perused and examined said instrument and it being 
found in proper form, in accordance with the second section of the Act of 
Assembly approved twenty-ninth of April, one thousand eight hundred and 
seventy-four, and said intended corporation appearing to be lawful and not 
injurious to the community. 

And now, to wit, September sixteenth, one thousand eight hundred and 
eighty-two, it is ordered and decreed that the said Charter be approved, and 
upon the recording of the same with this order the subscribers thereto and 
their associates shall be a corporation for the purpose and trusts therein stated, 
and that this decree and said charter shall be recorded in the Office for Re- 
cording Deeds in said County of Allegheny, and thenceforth the persons 
named therein and subscribed thereto, with their associates and successors, shall 
be a corporation by the name herein given. Per Curiam. 

rT q -, From the record, 

lLt - D,J J. O. Brown, Prothonotary. 

VIII. THE BOARD OF AID FOR COLLEGES AND ACADEMIES. 

1. Establishment and constitution of the Board. 

The Special Committee on Education appointed by the Assembly of 
1881, enlarged and continued by the Assembly of 1882, herewith report 
(see Minutes, 1883, pp. 581-590). The recommendations were adopted, 
viz. : 

1. That a definite agency be instituted that shall have in charge the 
interests of higher education as connected with the Presbyterian Church. 

2. That this agency be a separate and independent Board, with its 
distinct officers and work. 

3. That the Board be constituted under the following provisions, viz. : 

A. The name of this Board shall be " The Presbyterian Board of Aid 
for Colleges and Academies;" and the general work shall have the limita- 
tions indicated by its title. 

B. The Board shall consist of twenty- four members, divided into three 
classes, composed equally of ministers and laymen, and one class shall 
be elected each year. 

C. The officers of this Board shall be a President, Vice-President, 
Treasurer and Permanent Secretary. 

D. In the constitution of the Board the different parts of the country 
shall be equitably represented. 

E. The headquarters of the Board shall be at Chicago, and the Exec- 
utive Committee of the Board shall be residents in Chicago or in the 
immediate vicinity. 

F. Meetings of the Board may be held at different points in the coun- 
try as the Board shall elect. 

G. The province of the Board shall be to secure an annual offering 
from the churches for this cause; to cooperate with local agencies in 
determining sites for new institutions; to decide what institutions shall be 
aided; to assign to those institutions seeking endowment the special 
fields open to their appeals, that clashing between them may be avoided; 
and to discourage all independent appeals to the Church at large. 



OF THE GENERAL ASSEMBLY. 397 

H. The funds received by the Board shall be devoted either to current 
expenses of struggling institutions, or to permanent endowments. 

The funds shall be secured (a) by annual offerings from the churches, 
mainly for current expenses of the institutions; (6) by special applica- 
tions for endowment under the approval and general direction of the Board. 

I. (a) Every institution hereafter established, as a condition of 
receiving aid, shall be either organically connected with the Presbyterian 
Church in the United States of America, or shall by charter provision 
perpetually have two-thirds of its Board of Control members of the 
Presbyterian Church. 

(b) In the case of institutions already established, and not included 
under the above provisions, appropriations for endowment shall be so 
made as to revert to the Board whenever these institutions shall pass from 
Presbyterian control. 

(c) In all other respects the disbursement of funds by the Board shall 
be wholly discretionary with the Board, both as to amount and direction, 
subject always to the control of the General Assembly. 

4. That the Board be chartered under the laws of the State of Illinois, 
and under the laws of such other States as may at any time hereafter, 
by said Board, be deemed necessary or advisable, and be empowered to 
receive legacies, bequests and devises. 

5. That a Committee be now appointed to report to this Assembly the 
names of twenty- four members for this Board, and any needed directions 
for organization ; and that when so reported and approved by this Assem- 
bly, said members shall be authorized and enjoined to perfect the organi- 
zation of the Board at the earliest possible date, and to proceed at once 
to its vast and responsible work. — 1883, p. 589. 

[Note. — For the organization of the Board, see Minutes, 1883, pp. 645, 646; Digest, 
1886, pp. 570.] 

2. The Bible to be used as a text-book. 

a. Resolved, That no institutions be taken under the care of this Board, 
unless the Bible be systematically used as a text- book in the curriculum; 
and that the institutions be required to show in detail, in their spring 
reports to the Board, what response they have made to this requisition; 
and that the Board be instructed to withhold, at its discretion, the annual 
appropriation in all cases in which the spirit of this requisition does not 
appear to have been met. — 1889, p. 48. 

b. Resolved, That the General Assembly hereby directs the Board to 
adhere diligently to the following points in the policy of its management, 
viz., the systematic study of the Bible by every student. The rules by 
which it assures full Presbyterian control of institutions and of all prop- 
erty funds invested through the Board. The refusal of the Board to 
incur debt or to allow its institutions to live beyond their income. The 
prohibition of the solicitation of funds by institutions except from personal 
friends or in their own regions, the Board itself to solicit, and to distribute 
funds, and to secure them to the Church. — 1894, p. 86. 

3. The Charter of the Board of Aid for Colleges and Academies. 

State of Illinois — Department op State. 

Henry D. Dement, Secretary of State. 

To all to whom these presents shall come — Greeting : 

Whereas a certificate, duly signed and acknowledged, having been filed in 
the office of the Secretary of State on the sixth day of October, Anno Domini 
one thousand eight hundred and eighty-three, for the organization of "The 



398 FORM OF GOVERNMENT, CHAP. XII. 

Presbyterian Board of Aid for Colleges and Academies," under and in accord- 
ance with the provisions of "An Act Concerning Corporations," approved 
April eighteen, one thousand eight hundred and seventy -two, and in force 
July one, one thousand eight hundred and seventy-two, a copy of which cer- 
tificate is hereto attached. 

Now, therefore, I, Henry D. Dement, Secretary of State of the State of Illi- 
nois, by virtue of the powers and duties vested in me by law do hereby certify 
that the said "The Presbyterian Board of Aid for Colleges and Academies " is a 
legally organized corporation under the laws of this State. 

In testimony whereof I hereto set my hand and 
cause to be affixed the great seal of State. 

seal, of the Done at the city of Springfield this sixth day of 

state op October, in the year of our Lord one thousand eight 

Illinois. hundred and eighty- three, and of the Independence 

of the United States the one hundred and eighth. 
Henry D. Demext, 

Secretary of State. 
State op Illinois, > . 
County of Cook, j " 
To the Secretary of State of the State of Illinois : 

Whereas, The " General Assembly of the Presbyterian Church in the United 
States of America, " at its annual meeting held at Saratoga Springs, in the 
State of New York, in the month of May, Anno Domini one thousand eight 
hundred and eighty-three, did constitute and establish a Board or Commission 
under the name, style and title of "The Presbyterian Board of Aid for Col- 
leges and Academies," the same to be subordinate and subject to the general 
supervision and control of the said General Assembl3 r , which said Board was 
by said General Assembly charged and entrusted with the interests of higher 
education as connected with the said Presbyterian Church. 

And Wliereas, The said General Assembly at said meeting ordered that said 
Board shall consist of twenty-four members, divided into three classes, com- 
posed equally of ministers and laymen of said Church, and that one class 
shall be elected each year, the same to be elected by said General Assembly. 

And Whereas, The said General Assembly did elect the following named 
persons to be members of said Board to serve for the periods as stated below, 
to wit : 
Ministers to serve for one year — 

Rev. Howard Crosby, of New York, N. Y. 

Rev. Matthew Newkirk, of Philadelphia, Pa. 

Rev. Hervey D. Ganse, of St. Louis, Mo. 

Rev. John De Witt, of Cincinnati, O. 
Laymen to serve for one year — 

Benjamin Harrison, of Indianapolis, Ind. 

John S. McDonald, of Fond du Lac, Wis. 

William O. Hughart, of Grand Rapids, Mich. 

William A. Woods, of Indianapolis, Ind. 
Ministers to serve for two years — 

Rev. George D. Baker, of Detroit, Mich. 

Rev. John N. Freeman, of Milwaukee, Wis. 

Rev. Abbot E. Kittredge, of Chicago, 111. 

Rev. Robert F. Semple, of Minneapolis, Minn. 
Laymen to serve for two years — 

Samuel M. Breckenridge, of St. Louis, Mo. 

Dan P. Eells, of Cleveland, O. 

Cyrus H. McCormick, Jr., of Chicago, 111. 

Otis D. Swan, of Emporia, Kans. 
Ministers to serve for three years — 

Rev. Herrick Johnson, of Chicago, 111. 

Rev. Simon J. McPherson, of Chicago, 111. 

Rev. John W. Dinsmore, of Bloomington, 111. 

Rev. Thomas H. Cleland, of Keokuk, la. 
Laymen to serve for three years — 

Charles M. Henderson, of Chicago, 111. 
• Charles M. Charnley, of Chicago, 111. 

Homer N. Hibbard, of Hyde Park, 111. 

Robert H. McClellan, of Galena, 111. 



OF THE GENERAL ASSEMBLY. 399 

And Whereas, Said General Assembly did order and direct that said Board 
obtain a charter and become incorporated under the laws of the State of 
Illinois : » 

Now, therefore, we the undersigned, Herrick Johnson, John N. Freeman, 
Abbot E. Kittredge, John W. Dinsmore, Simon J. McPherson, Matthew New- 
kirk, Hervey D. Ganse, OtisD. Swan, William O. Hughart, John S. McDonald, 
Charles M. Henderson, Robert H. McClellan and Homer N. Hibbard, citizens 
of the United States, propose to form a corporation under an Act of the 
General Assembly of the State of Illinois, approved April eighteenth, one 
thousand eight hundred and seventy-two, and that for the purpose of said or- 
ganization we hereby state as follows, to wit : 

1. The name of such corporation is "The Presbyterian Board of Aid for 
Colleges and Academies." 

2. Said corporation is not for pecuniary profit. 

8. The objects for which it is formed are the securing and receiving money 
or other property in any legal manner authorized and approved by the General 
Assembly of the Presbyterian Church in the United States of America. The 
money and property thus received to be devoted to current expenses or to per- 
manent endowments of struggling institutions of learning or to the establish- 
ment of new institutions and to defray the necessary expenses of said Board. 

Every institution of learning, as a condition of receiving aid, shall be either 
organically connected with the Presbyterian Church in the United States of 
America, or shall by charter provision have two-thirds of its Board of Control 
members of the Presbyterian Church. 

In the case of institutions already established and not included under the 
above provisions appropriations for endowment shall be so made as to revert 
to the Board whenever such institution shall pass from Presbyterian control. 

4. The management of the aforesaid corporation shall be vested in the entire 
Board of twenty-four members, who shall hereafter be designated and elected 
by the General 'Assembly of the Presbyterian Church in the United States of 
America, as recited in the preamble to this certificate ; and the persons who 
may be so elected shall be, by virtue of such election, members of the Board 
incorporated pursuant to this certificate. 

5. The person whose names are written in the preamble to this certificate 
are hereby selected to control and manage said corporation for the first year of 
its corporate existence. 

6. The location is in the city of Chicago, in the County of Cook and State 

ofIllinois - Herrick Johnson, 

Abbot E. Kittredge, 
John N. Freeman, 
Charles M. Henderson, 
John W. Dinsmore, 
Simon J. McPherson, 
William O. Hughart, 
Otis D. Swan, 
Matthew Newkirk, 
Robert H. McClellan, 
John S. McDonald, 
Hervey D. Ganse, 

State op Illinois, \ , . HoMER N ' Hibbard. 

County of Cook, j 

I, James J. Noble, a Notary Public in and for the County and State afore- 
said, do hereby certify that on this nineteenth day of September, Anno Domini 
one thousand eight hundred and eighty-three, personally appeared before me 
Herrick Johnson, Abbot E. Kittredge, John N. Freeman, Charles M. Hender- 
son, John W. Dinsmore, Simon J. McPherson, William O. Hughart, Otis D. 
Swan, Matthew Newkirk, Robert H. McClellan, John S. McDonald, Hervey 
D. Ganse and Homer N. Hibbard, to me personally known to be the same 
persons who executed the foregoing statement, and severally acknowledged 
that they had executed the same for the purposes therein set forth. 

In witness whereof I have hereunto set my hand and notarial seal the day 
and year last above written. 

James J. Noble, 
(Seal) Notary Public. 



400 FORM OF GOVERNMENT, CHAP. XII. 

United States op America, > . Opetoe oe Sfcrftary 

State of Illinois. S Uffice of secretary. 

I, Isaac N. Pearson, Secretary of State of the State of Illinois, do hereby 
certify that the foregoing is a true copy of The Articles of Incorporation of The 
Presbyterian Board of Aid for Colleges and Academies, the original of which 
is now on file in this office. 

In witness whereof I hereto set my hand and affix the great seal of State at 
the city of Springfield this thirteenth day of March, Anno Domini one thou- 
sand eight hundred and ninety. 

I. N. Pearson, 
(Seal) Secretary of State. 

IX. THE SPECIAL COMMITTEE ON SYSTEMATIC BENEFICENCE. 

[Note. — In 1871, Minutes, p. 551, the Assembly appointed "A Committee on Benevo- 
lence and Finance," and adopted a plan of its proceedings. See Minutes, 1871, p. 551. 
In 1872 the plan was amended and adopted (1872, pp. 49, 50 ; see Digest, 1886, p. 455 ; 
Minutes, 1873, p. 507). The "Committee on Benevolence and Finance" was discon- 
tinued (1874, p. 26; 1875, p. 530; 1878, p. 574). In 1879 the Standing Committee on 
Benevolence presented a resume of the action of the Assembly since 1871 (Minutes, 1879, 
pp. 622, 623; Digest, 1886, pp. 566, 567).] 

1. Appointment. 

Resolved, That the General Assembly appoint a Permanent Com- 
mittee on Systematic Beneficence (a Committee of organization and 
instruction), whose duties shall be those specified in this report, who 
shall make their report annually to the General Assembly. 

Resolved, This Committee shall consist of five members, three min- 
isters and two elders. Adopted.— 1879, pp. 622, 623. 

2. The committee enlarged to twelve. 

1. That the Permanent Committee be enlarged to twelve, so as to 
distribute its labors more widely ; and they suggest that Cleveland be its 
centre, with the following persons as members of the Committee: Min- 
isters — Arthur Mitchell, Charles S. Pomeroy, Henry M. MacCracken, 
I. Williams Cochran, Arthur T. Pierson, William T. Wylie; Elders — 
Dan P. Eells, Archibald McClure, William Bate well, Thomas Kane, 
Walter Carter, H. C. Noble. 

2. We recommend that the work be prosecuted in the future, as in the 
past two years, in full sympathy with all of our Boards, endeavoring to 
secure from every member of every church, an adequate contribution for 
each of our objects of benevolence, and that, for this purpose, every 
Presbytery and Synod should have a Committee on Systematic Benefi- 
cence, each church should have a plan of giving, and each member should 
be taught to set apart regularly a certain proportion of his income to the 
Lord. 

3. Each Session is desired to fill, according to past injunctions of the 
Assembly, the statistical blank sent them in the interests of this Commit- 
tee. Adopted.— 1881, p. 572. 

3. Name changed. Work and expenses. 

Resolved, That the name of the " Permanent Committee on Systematic 
Beneficence ' ' be changed to the ' ' Special Committee on Systematic 
Beneficence. ' ' 

That the expenses of the Committee for the past year to the 
amount of $490.30 be paid out of the Contingent Fund of the General 
Assembly.— 1887, p. 122. 



OF THE GENERAL ASSEMBLY. 401 

Resolved, That a sum not to exceed $1000 be appropriated to carry on 
the work of this Committee for the next year. — 1894, p. 147; 1895, p. 
84; 1896, p. 90; 1897, p. 99. 

That instruction and authority be given to the Committee on System- 
atic Beneficence to furnish, free of charge, subscription blanks and 
collection envelopes, to all who apply for them, for the purpose of secur- 
ing larger gifts for the work of our Church, the cost of the same, includ- 
ing the postage, to be met by the several Boards in whose interests this 
service is rendered. — 1897, p. 99. 

X. THE PERMANENT COMMITTEE ON TEMPERANCE. 

1. Organization and work. 

[Note. — A Special Committee of nine was appointed in 1880 {Minutes, p. 75), to 
whom was referred the question of a Permanent Committee of the Assembly on Tem- 
perance ; they report :] 

They would, therefore, recommend that this Assembly appoint a 
Permanent Committee on Temperance, which shall consist of fifteen 
members, eight ministers and seven laymen, a majority of whom shall 
reside in and near New York ; who shall hold their first meeting in that 
city on the second Tuesday of June next ; and then and there divide by 
lot into three separate sections of five each, to hold office for one, two 
and three years ; their successors to be appointed each year for a term of 
three years by the General Assembly ; the said Committee to adopt their 
own by-laws, subject to the approval of the Assembly. 

The duty of this Permanent Committee shall be, to seek to quicken 
and to unite our Synods and churches in suitable measures for promoting 
the Temperance reform ; to mature and report action on the subject to 
the General Assembly ; to gather and report such statistics as may be of 
value and interest to the Church ; to call attention to the deliverances of 
the Assembly on temperance, and recommend to the Board of Publica- 
tion the issue of suitable work on the subject ; to codify the previous 
acts of the Assembly on temperance for publication by the Board ; and 
to initiate measures for promoting similar action by other branches of 
the evangelical Church. The expense of such publications shall be 
borne by the Board. Adopted. — 1881, p. 537. 

2. The committee reorganized and located at Pittsburgh. 

Resolved, That the Permanent Committee on Temperance be continued 
as the natural complement to the similar Committees in Presbyteries and 
Synods, and as completing the organic bond between the Presbyterian 
Church and the great temperance movement. 

Resolved, That, in the judgment of this Assembly, the work thus far 
practicable on the part of this Committee is not sufficiently large or 
extensive to demand a Corresponding Secretary, all of whose time shall 
be given to this work, and that the contributions from the churches do 
not justify at present such an outlay. 

Resolved, That the resignation of the Corresponding Secretary should 
be accepted by the Committee, and that the Committee be requested to 
carry on the work as economically as possible, leaving the future to show 
whether the work shall so expand and the cooperation of the churches so 
increase as to justify larger administrative force and corresponding expen- 
diture. 

Resolved, That the Permanent Committee be reorganized, as follows: 
26 



402 FORM OF GOVERNMENT, CHAP. XII. 

That its headquarters shall be in Pittsburgh, Pa. ; that it be composed of 
the following: Ministers — Elliott E. Swift, D.D. , Chairman; William 
O. Campbell, D.D., William J. Holland, Isaac K Hays, D.D., J. P. 
E. Kumler, D.D., Neville B. C. Comingo; Elders— C. L. Rose, O. L. 
Miller, M.D., J. H. Baldwin, Thomas H. Rabe, Robert S. Totten, 
William B. Negley. And the Committee shall determine by lot the sev- 
eral terms of their service and report the result to the Stated Clerk for 
insertion in the Minutes of the Assembly. 

Resolved, That the deficiency of the late Permanent Committee on 
Temperance, to the amount of $2100, be paid by the Stated Clerk of the 
General Assembly, out of the Contingent Fund of the Assembly of 
1887, provided there be no objection made to such appropriation of said 
fund on the part of a majority of the Presbyteries. — 1886, p. 235. 

3. Cooperation with Committee. Provision for expenses. 

a. The report of the Standing Committee on Temperance was recon- 
sidered, and the fourth recommendation (p. 72) of the Committee appro- 
priating $500 for the expense of the Permanent Committee on Temper- 
ance was disapproved; whereupon the Permanent Committee on 
Temperance was recommended to the churches for contributions to defray 
the necessary expenses of their work during the present year. — 1882, 
p. 106. 

b. That the Permanent Committee be continued and recommended 
to the continued confidence of the Church, and that where Synodical 
and Presbyterial Committees do not already exist, it is recommended 
that they be constituted, and that all the Committees place them- 
selves in communication with the Secretary of the Permanent Com- 
mittee. 

Whereas, The last General Assembly resolved " that the deficiency 
of the late Permanent Committee on Temperance, to the amount of 
$2100, be paid by the Stated Clerk of the General Assembly, out of 
the Contingent Fund of the Assembly of 1887, provided there be no 
objection made to such appropriation on the part of a majority of the 
Presbyteries," and, 

Whereas, In response to this resolution, a majority of the Presbyteries 
not only did not object, but a majority of those which voted upon the 
subject, favored the payment of the said indebtedness ; therefore, 

Resolved, That the Stated Clerk be directed to pay the said deficiency 
out of the Contingent Fund of this Assembly, and that inasmuch as part 
of said deficiency has been paid, that the subject of its true amount be 
referred for ascertainment and settlement to the Permanent Committee 
on Temperance and the Stated Clerk. — 1887, p. 127 ; 1889, p. 98. 

C. We earnestly suggest that" a work so worthy is deserving of and 
ought to receive a more generous support, and that, so far as possible, all 
our churches make an offering to the work of this Committee, either on 
Temperance Day, or at such other time as may be most convenient. — 
1897, p. 125. 

d. This Assembly reaffirms the action of the Assembly of 1896, 
"That the third Sabbath in November of each year," or some other 
convenient day, " shall be known as Temperance Day, and be observed 
by all our churches, if practicable ;' ' that in our preaching and prayers, 
in our Sabbath-school teaching, in the services of our Young People's 
Societies, and in our homes, we may turn the hearts and lives of men 



OF THE GENERAL ASSEMBLY. 403 

away from the awful curse that rests upon those who go the way of the 
drunkard.— 1897, p. 128. 

e. That it is recommended to the Session of each church, and the 
several Presbyteries and Synods, to appoint Standing Committees, if any 
have not already done so, to cooperate with the Permanent Committee 
of the General Assembly, in the endeavor to quicken and inspire, to 
unify and direct the energies of our people effectively and constantly 
against this evil and in the establishment of the opposite virtue. — 1897, 
p. 128. 

XL THE CHURCH AT HOME AND ABROAD. 

[Note. — In 1883, p. 617, a Special Committee of five was appointed to take into con- 
sideration the whole subject of the missionary periodicals published by the Boards; 
to report to the next Assembly. For the report of that Committee see Minutes, 1884, 
pp. 60-62. The Committee was continued and enlarged. — 1885, p. 586 ; in 1886, see 
report, pp. 30, 36.] 

1. The magazine established. 
It was : 

Resolved, 1. That, commencing with January, 1887, there shall be 
but one authorized periodical to present the work, need and claims of 
all our benevolent Boards to the churches under the care of the General 
Assembly.— 1886, p. 37. 

Resolved, 2. That the whole subject of the organization and methods of 
the consolidated magazine, as determined upon by this Assembly, is now 
referred to a Special Committee consisting of Ministers — Marvin R. 
Vincent, D.D., Howard Crosby, D.D., LL.D., Erskine K White, D.D., 
W. P. Breed, D.D., Charles A. Dickey, D.D., Arthur T. Pierson, 
D.D., John S. Macintosh, D.D., and Ruling Elders — Anson D. F. 
Randolph, Warner Van Norden, John H. Dey and Robert N. Willson. 

Resolved, 3. That this Committee is hereby directed to consult with all 
the Boards through their respective Secretaries, so as to be fully informed 
as to their wishes and the reasons thereof, as to the arrangements for this 
new magazine. 

Resolved, 4. That this Committee shall have power to determine 
whether an editor shall be employed; and if one is employed, then to 
choose the editor, to determine his duties, and to fix his salary, to appor- 
tion the expenses of the magazine among the Boards, and to do what- 
ever may be necessary to start this publication, and to conduct it until 
the next General Assembly. 

Resolved, 5. That this Committee is directed to report to the next 
General Assembly any measures which they may deem necessary to 
continue the magazine in the manner best adapted to meet its purposes, 
and that when their report is accepted their duties shall cease. — 1886, 
pp. 101, 102. 

[Note. — The Committee as above appointed presented a full report, which was 
adopted (1887, pp. 60-67). It announced the election of Rev. Henry A. Nelson, D.D., 
as editor and his acceptance of the position, p. 62 ; and gave the title of the magazine 
as The Church at Home and Abroad. It outlined the general plan of the magazine, and 
assigned its publication to the Presbyterian Board of Publication. See for changes of 
details and instructions of the Assembly, the annual Minutes from 1888 onward.] 

2. The special committee continued, with powers. 

Resolved, That the Special Committee on The Church at Home and 
Abroad be continued, with the same powers which have been already 
conferred, and be directed to report to the Assembly of 1889; that the 
expenses of the Committee be paid out of the funds of the magazine, 



404 FORM OF GOVERNMENT, CHAP. XII. 

and that, inasmuch as two vacancies exist — Dr. Erskine N. White and 
Dr. M. R. Vincent having resigned — it is recommended that Rev. 
Stealy B. Rossiter, in the place of Dr. White, and Rev. Henry T. 
McEwen, in the place of Dr. Vincent, be added to the Committee. — 
1888, p. 24; 1889, p. 25; 1890, p. 12; 1891, p. 16. 

3. The committee enlarged. 

Resolved, 1. That the Secretaries nominated by the Boards of Home 
and Foreign Missions be added to the Assembly's Committee —one from 
each of these Boards, increasing the number of the Committee by an 
additional member — there being now a single vacancy. 

2. That the Committee be recommended to confer with the Boards 
with a view of having the matter furnished by them presented to the 
Church in a more attractive, compact and popular form ; that the Com- 
mittee be advised to consider the propriety of a more liberal use of illus- 
trations in the magazine ; and also to have each Board appoint as special 
representative one of its Secretaries or members, who shall be the Board' s 
special correspondent with the editor of the magazine and the Chairman 
of the Assembly's Committee, and that a full list of these representatives 
appear on the cover of the magazine. 

3. That the Committee be reappointed, with the same powers, and be 
directed to report to the Assembly of 1893.' — 1892, pp. 24, 25; 
1893, p. 136; 1894, p. 22; 1895, p. 40; 1896, p. 23. 

XII. THE ASSEMBLY HERALD. 

1. The paper established. 

1. The Committee on Bills and Overtures presented requests from 
ninety Presbyteries, asking the Assembly to adopt some plan, whereby 
information as to the work of our Church through its various Boards 
may be periodically printed in an inexpensive newspaper form, for gen- 
eral distribution among all the families of our Church, and this, in 
addition to the circulation of our regular missionary magazine, The 
Church at Home and Abroad. 

The following action is recommended : 

Resolved, 1. That the General Assembly assume the responsibility of 
publishing an inexpensive missionary paper. 

Resolved, 2. That the various Boards of the Church be directed to 
furnish material and assume pro rata any deficit that may be incurred, 
and receive any surplus. 

Resolved, 3. That the Rev. W. H. Hubbard and the Rev. Rufus S. 
Green, D.D., be appointed managers and editors for the ensuing year, 
without financial compensation, and make full report to the next Assembly. 

Resolved, 4. That the size of the paper shall be sixteen pages. 

Resolved, 5. That the paper shall be published ten months in the year, 
no paper to be issued during July and August. 

Resolved, 6. That the price of the paper shall be ten cents per annum 
to clubs, and twenty-five cents to individuals. 

Resolved, 7. That the name of the paper shall be The Assembly Herald. 
—1894, pp. 155, 156. 

[Note. — For the report of the managers and editors of the Assembly Herald, see 
Minutes, 1895, pp. 24, 25. The report was referred to a Special Committee of five : 
Hon. James A. Beaver, M. D. Kneeland, D.D., W. W. McKinney, D.D., Alexander 
W. Dickson and Frank H. Clement.— p. 25.] 



OF THE GENERAL ASSEMBLY. 405 

2. Report of special committee, 1895. 

2. The Special Committee on The Assembly Herald presented its report, 
which, after an address by the Hon. James A. Beaver, Chairman of 
the Committee, was adopted, and is as follows: 

The Special Committee on The Assembly Herald respectfully report the 
following resolutions : 

Resolved, 1. That the General Assembly continue the publication of 
The Assembly Herald. 

Resolved, 2. That the various Boards of the Church be directed to 
furnish material, and assume pro rata any deficit that may be incurred, 
and that any surplus shall be reserved until such time as General Assem- 
bly orders a division among the various Boards. 

Resolved, 3. That the Rev. W. H. Hubbard and the Rev. Rufus S. 
Green, D.D., be continued as manage rs a ud editors, without financial 
compensation, and make full report to the next Assembly. 

Resolved, 4. Recognizing the dependence of intelligent and generous 
giving upon the dissemination of information, the General Assembly 
recommends that each church, in the way of its own choosing, subscribe 
for a sufficient number of copies, to place the paper in every one of its 
families, not making such circulation conditioned upon individual sub- 
scriptions, any more than in the case of Sabbath-school Lesson Helps and 
papers. 

R&solved, 6. That The Assembly Herald be sent, at the expense of the 
Boards of the Church, to all pastors, superintendents and elders, who 
do not subscribe directly for themselves. 

Resolved, 7. That the managers of The Assembly Herald are authorized 
to send sample copies from time to time to the non-subscribing churches, 
and that the expense of the same shall be borne by the Boards of the 
Church pro rata; Provided, That the copies thus becoming a charge on 
the Boards by Resolutions 6 and 7 shall not exceed one hundred thousand 
copies per month. 

It was also Resolved, That the General Assembly heartily commend 
the faithful and unsalaried labors of Rev. W. H. Hubbard and Rev. 
Rufus S. Green, D.D., in the interests of the Boards of the Church 
and of the Church at large. They have paid out the past year some 
twelve thousand dollars for paper, printing and other expenses, and have 
distributed throughout the Church printed matter equivalent to twenty - 
three million pages or six hundred thousand octavo volumes of one 
hundred and fifty pages each. In this large business venture they 
have shown a rare business sagacity and enterprise, as they have not 
only received, through subscriptions and advertising, sufficient funds to 
meet all obligations, but have some five thousand dollars in the bank and 
hold some two thousand dollars more in bills and furnishings. This 
record of the past year is certainly unexampled in our Church, and 
promises much larger and much broader possibilities for the future under 
the same efficient and enthusiastic management. In view of these 
possibilities, this Assembly pledges its hearty cooperation in securing 
through Presbyterial and church action, a circulation for the ensuing 
year of a quarter of a million copies. — 1895, pp. 110, 111 ; 1896, 
p. 139. 



406 FORM OF GOVERNMENT, CHAP. XII. 

3. Authority for editing. 

Resolved, That to the editor of The Assembly Herald be given the 
right and that he be requested to carefully edit all copy coming into his 
hands from whatever source, with a view to condensing all articles and 
wiping out unnecessary words and sentences. The subject matter not to 
be altered in any other way than heretofore; and that he be held alone 
responsible.— 1896, p. 170. 

XIII. woman's work for missions. 
1. Home Missions. 

[Note.— See pp. 348, 349.] 

2. Foreign Missions. 

a. It is also recommended to the Board (For. Mis.), for the better 
support of this branch of the service, to encourage the formation of 
Female Missionary Associations, to work in connection with that body. 
—1870, p. 38. 

b. Early in the past year, " The Women's Foreign Missionary Soci- 
ety" was organized in the city of Philadelphia, as auxiliary to the 
Board of Foreign Missions, with the pious determination to assume the 
support of every woman, called of God and commissioned by the Board, 
in the foreign field. The organization in Philadelphia was followed by 
the enlargement of the organization of " The Ladies' Board of Mis- 
sions " in New York, and " The Women's Presbyterian Board of the 
Northwest" in Chicago. There are Ladies' Associations in many of 
the churches, some of which have sustained the work of evangelizing 
the heathen for many years. 

The General Assembly recognize the hand of God, and the spirit of 
pious consecration and prayer, in this whole movement, and direct the 
Board of Foreign Missions to encourage and control this effort as far as 
practicable. — 1871, p. 536. 

C. We have received the report of the Women's Societies and Boards 
of the Church for 1896-97. Your Committee is deeply impressed with 
the faithful and devoted labor of these women of our beloved Church. 
They report 7387 Auxiliary Societies aud Young People's organizations, 
and have raised $317,635.59 during the year. — 1897, p. 63. 

3. Freedmen's Missions. 

a. Resolved, 1. That this Assembly recommends the Woman's Execu- 
tive Committee of Home Missions to permit such societies, under its care, 
as may desire to do so, to contribute according to their pleasure to the 
cause of the Freedmen, and send the results to the Woman's Executive 
Committee, to be forwarded to the treasurer of the Board of Missions 
for Freedmen. 

Resolved, 2. That the Board of Missions for Freedmen be directed to 
provide means by which the necessary information as to the needs of 
the Board, methods of operation, etc., can be furnished to these societies 
when desired, keep a separate account of what is thus accomplished, and 
report the same to each General Assembly. — 1884, p. 64. 

b. Acting upon the recommendation of the last General Assembly, 
the Woman's Executive Committee of Home Missions, with the coopera- 



OF THE GENERAL ASSEMBLY. 407 

tion of the Board of Missions for Freedmen, and the approval of the 
Board of Home Missions, organized a Freedmen' s Department, with 
headquarters at Pittsburgh, Pa. — 1885, p. 681. 

C. The Board gratefully acknowledges the generous aid received from 
the various societies connected with the Woman's Executive Committee. 
—1897, p. 30. 

III. THEOLOGICAL INSTRUCTION. 
I. GENERAL MATTERS. 

1. Overtures for the establishment of a theological school. 

The Committee [of Bills and Overtures] laid before the Assembly an 
overture from the Presbytery of Philadelphia for the establishment of a 
theological school. 

The overture was read, and the Rev. Dr. D wight * and the Rev. 
Messrs. Irwin, Hosack, Romeyn, Anderson, Lyle, Burch, Lacy, and 
Messrs. Bayard, Slaymaker and Harrison, elders, were appointed a 
Committee to take the overture into consideration and report upon it. — 
1809, p. 417. 

The Committee to which was referred the overture in relation to the 
establishment of a theological school brought in the following report, 
which, being read, was adopted, viz. : 

The Committee appointed on the subject of a theological school, over- 
tured from the Presbytery of Philadelphia, report: 

That three modes of compassing this important object have presented 
themselves to their consideration. 

The first is to establish one great school in some convenient place near 
the centre of the bounds of our Church. 

The second is to establish two schools in such places as may best accom- 
modate the northern and southern divisions of the Church. 

The third is to establish such a school within the bounds of each of 
the Synods. In this case your Committee suggest the propriety of leaving 
it to each Synod to direct the mode of forming the school and the place 
where it shall be established. 

The advantages attending the first of the proposed modes are that it 
would be furnished with larger funds, and therefore with a more exten- 
sive library and a greater number of professors. The system of educa- 
tion pursued in it would, therefore, be more extensive and more perfect; 
the youths educated in it would also be more united in the same views, 
and contract an early and lasting friendship for each other — circumstances 
which could not fail of promoting harmony and prosperity in the 
Church. The disadvantages attending this mode would be principally 
those derived from the distance of its position from the extremities of 
the Presbyterian bounds. 

The advantages attending the second of the proposed modes and the 
disadvantages will readily suggest themselves from a comparison of this 
with the other two. 

The advantages which attend the third — to wit, the establishment of 
theological schools by the respective Synods — would be the following: 
The local situation of the respective schools would be peculiarly convenient 

* President of Yale College, who sat in the Assembly as a delegate from the General 
Association of Connecticut. 



408 FORM OF GOVERNMENT, CHAP. XII. 

for the several parts of a country so extensive as that for the benefit of 
which they were designed. The inhabitants, having the seminaries 
brought near to them, would feel a peculiar interest in their prosperity, 
and may be rationally expected to contribute to it much more liberally 
and generally than to a single school, or even to two. The Synods also, 
having the immediate care of them, and directing either in person or by 
delegation all their concerns, would feel a similar interest, and would 
probably be better pleased with a system formed by themselves, arid 
therefore peculiarly suited to the wishes and interests of the several 
parts of the Church immediately under their direction. Greater efforts, 
therefore, may be expected from ministers and people to promote the 
prosperity of these schools than of any other. The disadvantages of 
this mode would be the inferiority of the funds, a smaller number of pro- 
fessors, a smaller library and a more limited system of education in each. 
The students also would, as now, be strangers to each other. 

Should the last of these modes be adopted, your Committee are of 
opinion that everything pertaining to the erection and conduct of each 
school should be left to the direction of the respective Synods. If either 
of the first, the whole should be subject to the control of the General 
Assembly. 

Your Committee also suggest that in the former of these cases the 
funds for each school should be raised within the bounds of the Synod 
within which it was stationed. In the latter they should be collected from 
the whole bodv of the Church. 

Your Committee therefore submit the following resolution, to wit: 

Resolved, That the above plan be submitted to all the Presbyteries 
within the bounds of the General Assembly for their consideration, and 
that they be careful to send up to the next Assembly, at their sessions in 
May, 1810, their opinions on the subject. — 1809, p. 430. 

2. Answer to a memorial on entire uniformity in the government 
and course of study in the theological schools of our Church. 

a. The Committee to which was referred a memorial from the West 
Lexington Presbytery, on the subject of Theological Seminaries, in which 
is submitted a plan for the attainment: 

1. Of entire uniformity in the government and course of study in the 
theological schools of our Church; and, 

2. The most unqualified dependence upon the General Assembly as a 
bond of union between all the churches and all her seminaries, in order 
to secure, to the satisfaction of the memorialists, the future peace and 
purity of the Church, by securing unity of sentiment and consequently of 
effort among all the ministers of the Presbyterian Church in these United 
States, make the following report, which w r as adopted, viz. : 

The subject of this memorial is too serious in its character and too 
important in its bearing and its consequences to be discussed at so late a 
period of the Assembly's sessions, and inasmuch as it would materially 
affect the rights of individuals, of Presbyteries, and indeed of the whole 
Presbyterian Church, and would also call for important alterations in the 
Constitution, the Committee deem it inexpedient for this Assembly to 
enter upon the consideration of the proposals submitted in the document, 
and recommend that the memorial be referred to the consideration of the 
next General Assembly. — Minutes, 1828 (reprint), p. 243. 



OF THE GENERAL ASSEiMBLY. 409 

b. The memorial of the West Lexington Presbytery on the subject of 
theological seminaries, which was referred by the last Assembly to the 
consideration of the present Assembly, was taken up, and committed to 
the Rev. Archibald Alexander, D.D., the Rev. Samuel Miller, D.D., 
and the Rev. Charles Hodge, to consider and report on the same to the 
next General Assembly. — Minutes, 1829 (reprint), p. 273. 

C. The Committee to whom was referred, by the last General Assembly, 
the memorial of the West Lexington Presbytery, made the following 
report, which was adopted, viz. : 

That the said memorial sets forth the evils which, in the opinion of the 
memorialists, threaten the Church from the operation of numerous theo- 
logical seminaries existing independently of the General Assembly, and 
adopting the different systems of government, and different courses of 
study. To counteract these evils it proposes that the General Assembly 
should take all the theological seminaries throughout our bounds under 
its immediate and absolute control, and prescribe a course of study which 
shall be uniform in them all. 

These are the prominent points of the memorial under consideration. 
Your Committee are ready to acknowledge that there are evils of a 
very formidable character, which are likely to arise from the indefinite 
multiplication of theological seminaries, under the care of a single Synod 
or Presbytery. They fear that the standard of theological education, 
in the Presbyterian Church, will ultimately fall far below that main- 
tained in some other Christian denominations, and thus the respectability 
and usefulness of our clergy be greatly impaired. They believe, also, 
that much good that might have resulted from having a larger portion of 
our young men brought into personal acquaintance with each other, and 
educated upon the same plan, must now be lost; and that we must con- 
tent ourselves with less of harmony of feeling and unity of sentiment 
than might, under other circumstances, have been secured. Believing, 
however, that it is perfectly competent to every Presbytery or Synod, to 
adopt what plan they may think best, not inconsistent with the Consti- 
tution of the Church, for the education of their own young men; and 
finding that the Assembly has long sanctioned their so doing, your Com- 
mittee are of opinion that this subject is not within the rightful jurisdic- 
tion of the General Assembly; and that even if it were, it would, under 
existing circumstances, be highly inexpedient to adopt the course pro- 
posed by the memorialists. They therefore beg to be discharged from 
the further consideration of the subject. — Minutes, 1830 (reprint), p. 288. 

3. Plans proposed. 

The Committee appointed to examine the reports of the several Presby- 
teries on the subject of theological schools, and to report to the Assembly 
the opinions expressed by them severally on the three different plans 
sent down for their consideration, reported that after carefully examining 
the reports of the several Presbyteries on this subject they find the follow- 
ing results: Ten Presbyteries have expressed an opinion in favor of the 
first plan, viz., the establishment of a single school. One Presbytery 
has given an opinion in favor of the second plan, viz. , the establishment 
of two schools. Ten Presbyteries have expressed a judgment in favor of 
the third plan, viz. , the establishment of a school in each Synod. Six 
Presbyteries have expressed an opinion that it is not expedient at present 



410 FORM OF GOVERNMENT, CHAP. XII. 

to attempt the establishment of any school; and from the remaining 
Presbyteries no report has been received. — 1810, p. 439. 

[Note. — For the Plan of the seminary at Princeton, and the agreement with 
the trustees of the College of New Jersey, see under Princeton Seminary, in this 
Digest.] 

4. Report on theological seminaries, 1870. 

The Committee on Theological Seminaries presented a report, which 
was adopted, as follows: 

The number of theological seminaries connected with the General As- 
sembly, directly or indirectly, is seven. 

These were founded after different methods and at different epochs, thus 
representing more or less important changes of sentiments and events in 
the history of the Church and the country. 

I. The seminary at Princeton was founded by the General Assembly 
itself in the year 1812. Coming into existence in the early part of this 
century, immediately after the organization of the American Board of 
Foreign Missions and the seminary at Andover, when there was a very 
general unity and cooperation of good men throughout the land, it must 
be regarded and honored as the first of those great movements in the 
Presbyterian Church which looked to the spreading of the kingdom of 
Christ at home and abroad. 

II. The seminary at Auburn was founded in the year 1819, for the 
purpose of training up a ministry in what was then known as " the 
Western country." 

III. The seminary at Allegheny was established in 1825. Lane 
Seminary, at Cincinnati, in 1829. 

IV. These three seminaries are associated with two things: 1. The 
beginning of that tide of emigration from the East to the West which 
has been rolling and surging onward ever since; and, 2. That spirit of 
active evangelism which most happily was simultaneous with westward 
emigration, a new power and life of religion distinguishing that memor- 
able period. 

V. Union Theological Seminary, in New York, was founded in the 
year 1836, one year preceding the disruption of the Church. Coming 
into existence at that extraordinary time, the design of its founders, who 
were then largely members of churches known after the division as Old 
School, was, in their own language, ' ' to provide a seminary which might 
commend itself to all men of moderate views and feelings desiring to live 
free from party strife, and to stand aloof from all extremes of doctrine 
and of practice." 

VI. The seminary at Danville, Ky. , was founded in the year 1853. 

VII. That now at Chicago, 111. , was established in that city in the 
year 1859 by removal from New Albany — dates sufficiently distinct to 
represent advanced stages in those conflicts of opinion w 7 hich subsequently 
convulsed the country and the Church, and which have not as yet entirely 
passed away. 

The seminaries now enumerated were founded not only at different 
times, but after different methods. Those at Princeton, Allegheny, Dan- 
ville and Chicago were established by the General Assembly, and are 
under its direct supervision and control. 

The seminary at Auburn is controlled by a Board of Commissioners, 
elected by certain Presbyteries in Central and Western New York, and a 



OF THE GENERAL ASSEMBLY. 411 

Board of Trustees, elected by the Commissioners. Its faculty, appointed 
by the Commissioners, report to the General Assembly. 

Lane Seminary, at Cincinnati, and Union Seminary, at New York, 
were founded by individuals, members of the Presbyterian Church, and 
by their charters, most cautiously prepared, are made Presbyterian insti- 
tutions, recognizing our Standards of doctrine and polity, though not 
under any ecclesiastical control. 

The administration of these seminaries is after different methods, though 
in some cases the difference is more in name and form than in essential 
fact. 

Princeton Seminary is administered by two Boards, known as the Board 
of Directors and the Board of Trustees. The former are elected by the 
General Assembly in annual classes. The latter, having control of the 
property, is a close corporation, filling its own vacancies. In like man- 
ner, the seminaries at Allegheny, Danville and Chicago have each two 
administrative Boards — a Board of Directors and a Board of Trustees. 

Lane and Union Seminaries have each but one Board — a Board of 
Trustees at Lane, a Board of Directors at Union — by which the property 
is held and the general control of the seminary is administered, certainly 
a simpler method, by which all differences of opinion are avoided, such 
as have arisen and are likely to arise in other seminaries between two 
separate Boards, one of trust and the other of direction. 

That the relations of these several theological seminaries, differing in 
origin and administration, to the reunited Church should be regarded as 
a matter of no little delicacy and difficulty was inevitable. On the one 
hand, it is obvious that a matter so important as the education of its 
ministry should in some way be under the supervision and control of the 
Church, so as to secure the entire and cordial confidence of the Church. 
On the other hand, there is a liberty and flexibility in the matter which 
must be respected and allowed. If individuals or associations are dis- 
posed to found and endow seminaries of their own, there is no power in 
the Presbyterian Church to forbid it. 

The difficult task of undertaking to reconcile these ideas and principles 
received the early and careful attention of the joint Committee on Re- 
union, as appears from one of the concurrent declarations adopted by 
both Assemblies, providing for the transfer of those seminaries now under 
the control of the Assembly to the care and control of one or more 
adjacent Synods, if they should so elect. The object was to allay the 
apprehensions of any who might imagine that the sudden accession and 
intermingling of great numbers might overbear those who had hitherto 
administered those seminaries which had been under the control of one 
branch of the Church. It was intended as a measure for the mainte- 
nance of confidence and harmony, and not as indicating the best method 
for all future time. 

As to any project by which the entire control and administration of all 
our theological seminaries — for example, as to the election of trustees — 
can be transferred to the General Assembly, on any principle of complete 
uniformity, your Committee regard it as wholly impracticable, and the 
attempt to accomplish it altogether undesirable. To bring it about, 
should it be undertaken, would require an amount of legislation, in six 
or seven different States, which would be portentous. 

In some cases alterations of existing charters are impossible, by reason, 
as in Ohio, of changes in the Constitution enacted subsequently to the 



412 FORM OF GOVERNMENT, CHAP. XII. 

granting of that charter upon which Lane Seminary was incorporated. 
Surely it would be to the last degree unwise to attempt such alterations 
in so many charters, putting in jeopardy so large an amount of property, 
when the object contemplated may be secured in another and better way. 

Besides, the intentions and wishes of benevolent men, who have 
founded and endowed some of these seminaries, and aided others on 
their present footing, should be honorably and zealously protected. 
Your Committee, therefore, would recommend no change, and no attempt 
at change, in this direction, save such as may safely and wisely be 
effected under existing charters. 

For example, the directors of the seminary at Princeton have memori- 
alized this Assembly, with the request that the Assembly would so far 
change its ' ' plan ' ' of control over that institution as to give the Board 
of Directors enlarged rights in several specified particulars, subject to 
the veto of the General Assembly. 

Your Committee are unanimously of the opinion that the changes asked 
for are eminently wise and proper. If it were within the power of the 
General Assembly to remit the entire administration of this venerable 
institution to its Board of Directors, without any of the restrictions they 
have mentioned as to the supply of their own vacancies, they would cor- 
dially recommend it. But inasmuch as the endowments of this seminary 
are held on the condition that it should be the property and under the 
control of the General Assembly of the Presbyterian Church in the 
United States, that trust cannot be vacated nor transferred to any other 
body. The method desired and proposed by the directors themselves is 
open to no such objection and is believed to be quite within the provisions 
of the law as now defined, being only a convenient and wise mode of 
executing by the General Assembly itself the trust which it now holds. 

A memorial has been presented to this Assembly from the directors of 
Union Theological Seminary, in New York, bearing upon the point of 
uniformity as to a certain kind and amount of ecclesiastical supervision. 

It had appeared to them — many of them having taken an active part 
in founding that seminary thirty -three years ago, in a time, as already 
noticed, of memorable excitement — that there were great disadvantages 
and perils in electing professors and teachers by the Assembly itself, with- 
out sufficient time or opportunity for acquaintance with the qualifications 
of men to be appointed to offices of such responsibility. 

It is self-evident, as your Committee are agreed, that a body so large 
as the General Assembly, and composed of men resident, most of them, 
at so great a distance from the several seminaries, is not so competent to 
arrange for their interests and usefulness as those having local and personal 
intimacy with them. Desirous of bringing about as much uniformity as 
was possible in the relation of the seminaries to the General Assembly 
of the Church, the directors of Union Seminary have memorialized this 
Assembly to the effect that the Assembly would commit, so far as practi- 
cable, the general administration of all seminaries now under the control 
of the Assembly to their several Boards of Directors, proposing, if this 
be done, to give to the General Assembly, what it does not now possess, 
the right of veto in the election of professors at Union. In this gener- 
ous offer, looking solely to the peace and harmony of the Church, the 
memorialists did not include the same veto in regard to the election of 
their own directors, inasmuch as these directors hold the property of the 
seminary in trust. The trustees of Princeton Seminary, being one of 



OF THE GENERAL ASSEMBLY. 413 

two Boards, are a close corporation. The directors of Union Seminary 
in New York, being but one Board, are the trustees. 

Leaving all the diversities of method and administration in the several 
seminaries intact, save in the particulars hereinafter provided for, your 
Committee are happy to report that there is one mode of unifying all the 
seminaries of the Presbyterian Church, as to ecclesiastical supervision, 
so far as unification is in any way desirable. It is the mode suggested 
in the several memorials of the directors of Union and Princeton, and 
approved, or likely to be approved, from information in our possession, 
by the directors of Auburn and Lane. This is to give to the General 
Assembly a veto poAver upon the appointment of professors in all these 
several institutions. This seems to your Committee to secure all the uni- 
formity, as to the relation of these seminaries to the Church, which can 
be necessary to ensure general confidence and satisfaction. Less than 
this might excite jealousy ; more than this is cumbersome and undesirable. 

Your Committee, in accordance with these views, report the following 
plan and resolutions: 

1. Accepting the offer so generously made by the directors of the 
Union Theological Seminary, in New York — a seminary independent 
hitherto of all direct ecclesiastical control — to invest the General Assem- 
bly with the right of a veto in the election of professors in that institu- 
tion, this Assembly would invite all those theological seminaries not now 
under the control of the General Assembly to adopt at their earliest 
convenience the same rule and method, to the end that, throughout the 
whole Presbyterian Church, there may be uniform and complete confi- 
dence in those entrusted with the training of our candidates for the 
ministry. 

2. That the several Boards of Directors of those seminaries which are 
now under the control of the General Assembly shall be authorized to 
elect, suspend and displace the professors of the seminaries under their 
care, subject in all cases to the veto of the General Assembly, to whom 
they shall annually make a full report of their proceedings, and to 
whom their minutes shall be submitted whenever the Assembly shall 
require them to be produced. These Boards shall further be authorized 
to fix the salaries of the professors, and to fill their own vacancies, sub- 
ject in all cases to the veto of the General Assembly. 

3. That a Committee of five be appointed by the Assembly to propose 
such alterations in the ' ' plans ' ' of the seminaries now under the control 
of the Assembly as shall be deemed necessary to carry into effect the 
principles above stated, and that said Committee report to this or to 
the next succeeding Assembly. 

4. In case the Board of Directors of any theological seminary now 
under the control of the General Assembly should prefer to retain their 
present relation to this body, the plan of such seminary shall remain 
unaltered.— 1870, pp. 50-64. 

[Note.— See further, Digest, 1886, pp. 387-397. See, also, Concurrent Declaration, 
No. 9, p. 416.] 

5. Proposal of Union Theological Seminary. 

a. A communication was received by the Rev. William Adams, D. D. , 
from the directors of the Union Theological Seminary in the city of New 
York, proposing on certain terms to place their institution under the care 
of the General Assembly. 



414 FORM OF GOVERNMENT, CHAP. XII. 

A communication was also received from the directors of the Theologi- 
cal Seminary at Princeton, asking that the change contemplated in the 
above communication may be made, and proposing other matters of 
interest to the seminary. These communications were referred to the 
Standing Committee on Theological Seminaries. — 1870, p. 17. 

The Committee subsequently reported inter alia, as follows: 

b. Your Committee, in accordance with these views, report the follow- 
ing plan and resolutions: 

Accepting the offer so generously made by the directors of the Union 
Theological Seminary in New York — a seminary independent hitherto of 
all direct ecclesiastical control — to invest the General Assembly with 
the right of a veto in the election of professors in that institution, this 
Assembly would invite all those theological seminaries not now under the 
control of the General Assembly to adopt at their earliest convenience 
the same rule and method, to the end that throughout the whole Presby- 
terian Church there may be uniform and complete confidence in those 
entrusted with the training of our candidates for the ministry. — 1870, 
p. 63. 

C. Memorial of the Directors of Union Theological Seminary in the City 
of New York to the General Assembly of the Presbyterian Church in 
the United States of America, New York, May 18, 1870. 

Whereas, In the recent negotiations for reuniting the two branches of 
the Presbyterian Church, great importance was attached to some uniform 
system of ecclesiastical supervision over the several theological seminaries 
of the denomination; and, 

Whereas, The directors- of the Union Theological Seminary in New 
York — an institution founded before the disruption of the Presbyterian 
Church, belonging exclusively to neither of its branches, and adminis- 
tered upon its own independent charter — are desirous of doing all in 
their power to establish confidence and harmony throughout the whole 
Church, in respect to the education of its members ; and, 

Whereas, It has appeared to many, and especially to those who took an 
active part in founding the Union Theological Seminary, that there are 
many disadvantages, infelicities, not to say at times pe.ils, in the election 
of professors of those seminaries directly and immediately by the General 
Assembly itself — a body so large, in session for so short a time, and 
composed of members to so great an extent resident at a distance from 
the seminaries themselves, and therefore personally unacquainted with 
many things which pertain to their true interest and usefulness ; there- 
fore, be it 

Resolved, That the Board of Directors of the Union Theological 
Seminary in the city of New York, being all of them ministers or mem- 
bers of the Presbyterian Church, do hereby memorialize the General 
Assembly to the following effect, viz. : That the General Assembly may 
be pleased to adopt it as a rule and plan, in the exercise of the proprie- 
torship and control over the several theological seminaries, that so far as 
the election of professors is concerned the Assembly will commit the 
same to their respective Boards of Directors on the following terms and 
conditions: 

1. That the Board of Directors of each theological seminary shall be 
authorized to appoint all professors for the same. 

2. That all such appointments shall be reported to the General Assem- 



OF THE GENERAL ASSEMBLY. 415 

bly, and no such appointment of professor shall be considered as a com- 
plete election if disapproved by a majority vote of the Assembly. 

And further be it Resolved, That the Board of Directors of the Union 
Theological Seminary in the city of New York, persuaded that the plan 
proposed in the memorial will meet the cordial approval of the patrons, 
donors and friends of all these seminaries, and contribute to the peace 
and prosperity of the Church, do hereby agree, if the said plan shall be 
adopted by the General Assembly, that they will agree to conform to the 
same, the Union Seminary in New York being in this respect on the 
same ground with other theological seminaries of the Presbyterian 
Church.— 1870, pp. 148, 149. 

The Assembly complied with this request. See pp. 60-64. 

6. Limitations of the time within which the Assembly may exer- 
cise its veto in the election of a professor. 

That the Assembly declare that the true meaning of the act subjecting 
the election of a professor to the veto of the Assembly is that such elec- 
tion be reported to the next General Assembly thereafter ; and if not 
vetoed by that Assembly, the election shall be regarded as complete, 
according to the plan ratified by the Assembly of 1870; see Minutes, pp. 
64, 65, 148.— 1871, p. 581. 

7- Committee on the Relations of the Assembly and the Seminaries, 

1892. 

[Note. — For the action of the Assembly of 1891 in the veto of the election of Prof. 
Charles A. Briggs, see under Union Theological Seminary.] 

I. In response to an overture concerniug ministerial education, your 
Committee reports : 

Whereas, The Form of Government, Chap, xiv, Sec. vi, declares, 
" that the most effectual measures may be taken to guard against the 
admission of inefficient men into the sacred office, it is recommended 
that no candidate, except in extraordinary cases, be licensed, unless, 
after his having completed the usual course of academical studies, he 
shall have studied divinity at least two years under some approved divine 
or professor of theology," and, 

Whereas, Disorders are appearing in the Church, doing great injury to 
its doctrinal purity and unity, we recommend that the Assembly call 
special attention to this provision of the Form of Government, and 
enjoin our Presbyteries to see that students under their care be prepared 
for their sacred office in seminaries and under teachers who are under 
the oversight and direction of the Assembly, and that the Board of 
Education be directed to restrict appropriations for the education of stu- 
dents to those who are pursuing their studies under such above-named 
institutions or private instructors. 

II. Having due regard to the overtures and all the other papers in the 
case of Union Theological Seminary, etc., referred to the Committee, the 
Assembly takes the following action: 

1. That the Assembly indorses the interpretation of the compact of 
1870 as expressed by the action of the Assembly of 1891. 

2. That the Assembly declines to be a party to the breaking of the 
compact with Union Theological Seminary. 

3. That the Assembly is persuaded that the Church should have direct 
connection with and control over its theological seminaries. 



416 FORM OF GOVERNMENT, CHAP. XII. 

4. That the Assembly appoints a Committee of fifteen, eight ministers 
and seven ruling elders, to take into consideration the whole subject of 
the relation of the Assembly to its theological seminaries, confer with the 
directors of these seminaries, and report to the next General Assembly 
such action as in their judgment will result in a still closer relation 
between the Assembly and its seminaries than that which at present 
exists. 

5. That the Assembly dismisses the Committee of Conference appointed 
last year, with the heartiest thanks for its faithfulness, and highest 
appreciation of the service rendered the Church. — 1892, pp. 175, 176. 

8. Committee on Theological Seminaries, Report, 1893. 

[Note.— In its report, presented to the General Assembly at Washington, May Ik, 
1893, the Committee considered the subject assigned to it, in so far as it had then 
reached any results, under the following heads :] 

1. The present legal status of the theological seminaries, including the 
ownership and control of the property held in trust for them. 

2. The present control possessed by the Presbyterian Church, through 
its General Assembly, Synods and Presbyteries, over the teaching and 
property of the theological seminaries. 

(1) The charters of the independent civil corporations holding the 
property in trust for the seminaries differ more or less in detail, but have 
this common feature, that these corporations own the property and have 
its control and management, free from any direct interference by the 
General Assembly, save as to the property given to them by the Assem- 
bly, as to which the Assembly may direct the management. 

The greater portion of the property held by these corporations, 
and which amounts to between eight and nine millions of dollars, is not 
held in trust for the General Assembly of the Presbyterian Church, nor 
is it given the direct control, management or disposition of the same by 
the terms of their charters. 

(2) By the terms of the compact of 1870 and the plan of reunion the 
supervision and control exercised by the General Assembly over the vari- 
ous theological seminaries, it is claimed, is limited to the exercise of the 
right of approval, or veto of the appointment of professors. In addi- 
tion to this, each seminary reports annually to the General Assembly its 
receipts, disbursements, the number of students and the number of 
graduates, with such special information as the various Boards in charge 
of these institutions may see fit to communicate. 

The foregoing, however, is not all of the control possessed by the 
General Assembly over the teaching of the theological seminaries. It 
has greater power which it may exercise, if occasion arises, unless by 
the terms of reunion and the compact of 1870 it has surrendered the 
same. According to the plan of government of Princeton, Western, 
McCormick, Danville, and Omaha, the General Assembly has the right 
to control the election of the Boards of Directors, to whom are entrusted 
the appointment of professors and the management of the seminary gen- 
erally, save and except the holding of the title to property, its manage- 
ment, sale, disposition and investment. 

Under the original plan of the seminaries, known as the Old School 
seminaries, the General Assembly had the power to remove the profes- 
sors, as well as to approve or veto their appointment. In order to secure 
uniformity of teaching, in so far as it is practicable, the General Assem- 



OF THE GENERAL ASSEMBLY. 417 

bly could, under the power thus possessed over the seminaries named, 
unless the power has been surrendered by the compact of 1870, issue 
such instructions as might secure such uniformity of teaching. But the 
General Assembly has, by the terms of the charters of the civil corpora- 
tions, no direct control over the property of the seminaries, except over 
such property as it has given them. 

Under the first division of this report, to wit, the present legal status 
of the seminaries, and the Appendix hereto, the different methods of 
control and the extent of the jurisdiction of these Boards have been set 
forth. The General Assembly has the power to change the plan of 
management of some of the aforesaid seminaries to the extent herein 
indicated, but control is not limited, by the compact of 1870, to the 
veto of the election of directors in certain seminaries, and to the veto of 
the appointment of professors in all of the seminaries. 

The power or right of veto without adequate provision for its enforce- 
ment in cases of disobedience to its mandate is practically valueless. 
Where obedience is a matter of choice, and not of legal obligation and 
enforceable as such, it is difficult to see how the veto power in cases of 
disobedience is of any value. To veto the election of directors or profes- 
sors without legal power to enforce the veto by the removal of the person 
vetoed, "and then leave to the body whose elections are thus vetoed the 
exclusive right to nominate, elect or appoint, is, in all cases of difference, 
to place the body possessing the right to veto absolutely in the power of 
the body whose acts are vetoed. 

The power vested in the General Assembly by the Constitution of the 
Presbyterian Church, to try by judicial process those who occupy a ministe- 
rial relation to the Church, and are acting as teachers, and the power of 
discipline, cannot be said to be control over the seminaries, affecting their 
teaching and property. While it is true that under these powers the 
General Assembly may reach individuals, and thus directly affect the 
teaching in the seminaries, we do not regard the exercise of these powers 
as within the term " control." 

How far the compact of 1870 and the terms of reunion affected the 
powers of the General Assembly, which up to that time it possessed and 
exercised, we do not deem it necessary to discuss or to express any opinion. 
It is sufficient for the purpose of this report to say that since the compact 
of 1870 the General Assembly has substantially exercised no other 
control over the seminaries than that provided for by that compact, and 
whatever dormant and unexercised powers it possesses are limited as herein 
stated, and have not affected either the teaching or the property of the 
seminaries.— 1893, pp. 24, 27. 

[Note.— For the full report, see Minutes, 1893, pp. 20-40.] 

9. Committee on Theological Seminaries, Report, 1894. 

After a full consideration of the subject assigned the Committee, and 
after a very extended investigation of the management by other denomi- 
nations of their theological seminaries, and in the light of the experience 
of our own Church, your Committee unanimously agrees on the follow- 
ing fundamental principles as controlling the future management of the 
theological education of the ministry of our Church, and embodies the 
same in two resolutions, as follows: 

Resolved, That it is the judgment of this Committee that the instruc- 
tion given in the theological seminaries of the Presbyterian Church in 
27 



418 FORM OF GOVERNMENT, CHAP. XII. 

the United States of America should be under the control and direction 
of that Church. 

Resolved, That all funds and property held for the purpose of theologi- 
cal instruction shall be used only for theological education in the doc- 
trines set forth in the Standards of the Presbyterian Church in the 
United States of America. 

The Committee recommends the adoption of the following resolutions: 

1. That each and all of the seminaries of the Church be requested to 
secure, at the earliest moment practicable, such changes in their charters, 
or amendments thereto, as will provide: 

(a) That all of their funds and property, subject to the terms and 
conditions of existing or specific trusts, shall be declared to be held by 
them in trust for the Presbyterian Church in the United States of 
America, for the purposes of theological education according to the 
Standards of said Church, and that no part of the funds and property so 
held in trust shall be used for any other purpose than for theological 
education in the doctrines set forth in the Standards of the Presbyterian 
Church in the United States of America. 

(6) That the election of the trustees, directors or commissioners, or 
whatever the bodies governing the teaching or property shall be named, 
shall be subject to the approval of the next succeeding General Assem- 
bly, and that no election shall take effect until approved by the General 
Assembly; failure of the General Assembly to which said elections are 
reported for approval to act thereon shall be regarded as approval of 
said elections. 

(c) That the election, appointment or transfer of all professors and 
teachers in all seminaries shall be submitted to the next succeeding Gen- 
eral Assembly for its approval, and that no such election, appointment or 
transfer shall take effect, nor shall any professor or teacher be inducted 
into office until his election, appointment or transfer shall have been 
approved by the said General Assembly; failure of the General Assem- 
bly to which the said elections, appointments or transfers are reported for 
approval to act thereon shall be regarded as approval thereof, and that 
all of said professors and teachers shall be either ministers or members 
in good standing of the Presbyterian Church in the United States of 
America. 

(d) That in the event of the violation of any of the terms of said 
amendments, or the misuse or the diversion of the funds or property 
held by them, then the General Assembly shall be empowered to provide 
against such violation of the provisions of said charters, and for the 
enforcement of the same, and for the protection of the trusts on which 
said property and funds are held, in such manner, and in the name of 
such person or corporation, as it may direct by resolution certified by its 
Clerk, in any civil court having jurisdiction over the corporations whose 
charters are so amended. 

2. That all seminaries hereafter established or organized shall contain 
in their charters the foregoing provisions as an essential part thereof, 
before they shall be recognized as in connection with the Presbyterian 
Church in the United States of America, 

3. That the General Assembly, having adopted the foregoing resolu- 
tions, shall appoint a Committee of fifteen persons to confer with the 
various seminaries, with a view to securing their approval of said resolu- 
tions, and their consent to said changes in their charters, and for the 



OF THE GENERAL ASSEMBLY. 419 

purpose of aiding them by counsel and otherwise in securing the neces- 
sary changes and amendments to the respective charters herein recom- 
mended; it being understood that the adoption of said resolutions is 
without impairment of any of the rights of the General Assembly, or 
of said seminaries, that may have accrued by the compact of 1870; and 
said Committee to make report to the next General Assembly for final 
action on this whole subject by the Assembly. — 1894, pp. 60, 65-67. 

[Note. — The report of the Committee was adopted by a vote of 444 in the affirma- 
tive to 117 in the negative. For the full report, see Minutes, 1894, pp. 56-67 ; also for 
report of the minority of the Committee, pp. 201-205.] 

10. Committee on Theological Seminaries, Report, 1895. 

In view of the answers of the seminaries, as published in the Appen- 
dix, the Committee reports that Omaha and Dubuque have adopted all 
of the recommendations of the General Assembly. 

The directors and trustees of Princeton declare that they " do not 
antagonize, but, on the contrary, cordially acquiesce in and are in the 
fullest sympathy with the sentiment of the resolutions contained in the 
report of the General Assembly's Committee of Conference with the 
Theological Seminaries made to the General Assembly at its session in 
1894, namely, ' That the Church should control the instruction given in 
its theological seminaries and that the funds held for the purposes of 
theological instruction should be used only for such education in the 
doctrines set forth in the Standards of the Church. ' ' ' 

The directors and trustees further say that they are advised by counsel 
learned in the law, and believe, that the charter of the seminary now 
embodies substantially all that the Assembly seeks to accomplish by its 
recommendations, and therefore deem the amendment of the charter, 
by the insertion of the same, unwise and unnecessary. 

But, they further say, " if the Assembly should still be of the opinion 
that such an amendment should be obtained, the Boards will endeavor 
to secure such action as will insure to the General Assembly the right to 
be represented in the courts and to enforce its proper control over the 
seminary and its property." 

The Committee recommends the Assembly to reply to Princeton's offer, 
that while respecting the judgment of the Boards, and not prepared to 
say that it is incorrect, the Assembly is of the opinion that in order to 
put the matter beyond all possible question, it would be well for the 
Boards to do what they express their willingness to do, viz. , to endeavor 
to secure such action as will insure to the General Assembly the right to 
be represented in the courts, and to enforce its proper control over the 
seminary and its property. 

The Board of Directors of the Western Seminary, at Allegheny, 
" being satisfied that the seminary now stands in such close relation to 
the Presbyterian Church that both its teaching and its use of all its 
property can be controlled by the General Assembly, sees no reason to 
ask any change in existing relations to the Assembly." The Board of 
Trustees has declared its hearty agreement with the principles set forth 
in the action of the Assembly of 1894, and its readiness to secure the 
necessary legislation to enable the General Assembly to carry out said 
principles. The Committee recommends the General Assembly to request 
these Boards to take such action. 

The Board of Directors of Danville has resolved to adopt the recom- 



420 FORM OF GOVERNMENT, CHAP. XII. 

mendations as to By-Laws, and as a part of their Constitution. The 
Board of Trustees states that it has an irrepealable charter, which can- 
not be amended without danger of forfeiture. It declares its approval of 
the substance of the recommendations, and while not deeming the same 
necessary, in view of the control the Assembly now has over the funds of 
said corporation, expresses its willingness to give the General Assembly 
the approval of the election of the members of the Board. 

The Committee recommends the Assembly to request the Board of 
Trustees at Danville to secure such legislation, not imperiling the charter, 
as will insure to the General Assembly the right to be represented in the 
courts, and to enforce its proper supervision over the seminary and its 
property. 

San Francisco, being under Synodical care, has deemed it best to defer 
action on the recommendations until after the next meeting of the Synod. 

In regard to the seminaries which have simply answered that action is 
not expedient, or the proposed amendments would be of doubtful valid- 
ity, or the way is not clear to act, as at present informed, no opinion is 
expressed, inasmuch as these seminaries assigned no specific reasons for 
their action. The Assembly cannot, therefore, make any suggestions to 
these seminaries, beyond the earnest request that they reconsider their 
action, since the adoption, substantially, of the Assembly's plan, by all 
the seminaries, will give assurance to every donor, and to all our mem- 
bers, that these institutions are amply secured to the Presbyterian Church. 

The Committee respectfully recommends the adoption of the following 
resolutions: 

1. That it is the sense of this Assembly that the Assembly of 1894 
did not intend to prepare the way for any change in the tenure or man- 
agement of the property of the seminaries, or to do anything which can 
affect the autonomy of the seminaries, and that the said recommenda- 
tions were intended to have the meaning and effect as recited in this 
Committee's report. This Assembly, in reaffirming the resolution of the 
Assembly of 1894, does so with the avowed purpose of leaving the tenure 
and title to all property of the seminaries exactly where they are now, in 
the hands of the various Boards of Trustees, and with the further pur- 
pose of securing the veto power to the Assembly, as an effective force, by 
charter provision, and of safeguarding by charter declaration, the trusts 
held and to be held by Boards of Trustees against perversion or misuse. 

2. That this General Assembly reaffirms the action of the Assembly 
of 1894, and in view of the progress made, and the importance of the 
interests involved, declares that in its judgment the effort should be 
continued to secure the adoption, in substance, of the Assembly's plan 
by all the seminaries. 

3. That a Committee be appointed to have further charge of this 
matter, and to make report to the next General Assembly. 

Adopted unanimously, and respectfully submitted, in behalf of the 
Committee.— 1895, pp. 31-34. 

[Note. — The report of the Committee was adopted by a vote of 432 in the affirma- 
tive to 99 in the negative. For the full report see Minutes, 1895, pp. 29-34.] 

11. Committee on Theological Seminaries, Report, 1896. 

The Committee presented its report, which was received, and on its 
recommendation the following resolutions were adopted: 

1. This General Assembly reaffirms the action of the General Assem- 



OF THE GENERAL ASSEMBLY. 421 

bly of 1895, and, in view of the importance of the interests involved, 
declares that in its judgment the plan aj>proved by the General Assembly 
of 1895 should be substantially adopted by all of the seminaries. 

2. The General Assembly highly appreciates the readiness of the 
Boards of Control in some of our theological seminaries shown during 
the past year to carry out the plan approved by the General Assembly 
of 1895; and whilst others of the Boards of Control have not seen their 
way clear as yet to adopt the general provisions of that plan and carry 
them into legal effect, the General Assembly cannot but hope that upon 
further consideration they may see their way clear to come to such a 
conclusion that all the funds and property in their hands, and the teach- 
ing in said seminaries, may be so completely safeguarded to the Church 
that benevolent persons contemplating making gifts or bequests to these 
institutions may have the fullest confidence in the future security of 
such gifts or bequests. With entire confidence in the integrity and 
wisdom of the beloved brethren in control of our theological seminaries, 
we urge them to take such measures as will secure this most desirable 
result; and, also, that these several Boards be requested to report to the 
next General Assembly Avhat progress they have made in this direction. 

3. That the Committee be discharged from further service. — 1896, 
pp. 123, 124. 

[ISote. — For the letter of the Committee to the Boards of the theological semina- 
ries, see Minutes, 1896, p. 186. For the answers of the Boards of the theological 
seminaries to the letter of the Committee of Conference, see Minutes, 1896, pp. 187-196.] 

12. Committee on Theological Seminaries, Report, 1897. 

The Committee are fully persuaded that while these seminaries 
have not complied in letter with the requests made by the General 
Assembly in 1894 and reaffirmed in 1895 and 1896, yet the Boards 
of Control of the seminaries have made conscientious and persistent 
investigation of the matter in hand, with the desire to comply with the 
wish of the Assembly. They find, however, many difficulties, and 
believe that such changes would disturb rather than establish confidence, 
thereby diminishing future gifts, and also entailing upon the seminaries 
litigations which would probably deprive them of bequests which are 
now their main support. They are also convinced that the teaching 
and properties of these seminaries are already so fully safeguarded to the 
Presbyterian Church that, in the judgment of able jurists, the changes 
suggested would be wholly without advantage. 

Resolved, That this Assembly accepts as sincere the repeated, posi- 
tive and explicit written declarations of the above-named seminaries, 
that they are loyal to the Church, and that their teachings and proper- 
ties are in their judgment fully safeguarded to the General Assembly, 
but if at any time in the future these seminaries should find that the 
changes could be made in their respective charters as the General As- 
sembly has desired, it will be gratifying to the whole Church to have 
such changes made. — 1897, p. 110. 

[Note. — The seminaries above referred to are Lane, Auburn, McCormick and New- 
ark German.] 

13. Approval or veto of elections of officers and professors. 

[Note. — The elections of professors in the following institutions require the ap- 
proval of the General Assembly : Auburn Theological Seminary, German Theologi- 
cal School of the Northwest, and Omaha Theological Seminary. In addition, the 



422 FORM OF GOVERNMENT, CHAP. XII. 

Assembly has a veto over the appointment and removal of professors in Princeton, 
Western, McCormick and Danville Seminaries, and a veto over the elections of 
directors in the same institutions. The elections of directors in the two German 
Theological Schools are subject to the approval of the Assembly, and the appoint- 
ment of professors in Lane, San Francisco and Newark Seminaries, and Lincoln 
University, is subject to the veto of the Assembly. 

The Assembly is also entitled by the provisions of the charters of Princeton and 
Western Seminaries to change one- third of the trustees at any annual meeting, and 
by the charter of Danville to change one-third of the trustees at any meeting in the 
State of Kentucky.] 

II. THE THEOLOGICAL SEMINARIES. 

I. Princeton Theological Seminary. 

[Note. — See Baird' s Digest, 1858, pp. 434-^44, for the original Constitution of the 
seminary, election of professors, organization, etc. ; also Moore's Diqest, 1886, pp. 375- 
381, for the plan as amended bv the Assembly of 1870 ; see Digest, 1886, pp. 381-383 ; 
Minutes, 1870, pp. 65, 66, and 1871, p. 579. 

The following is "The Plan of the Theological Seminary of the Presbyterian 
Church in the United States of America, located at Princeton, New Jersey. Adopted 
by the General Assembly of 1811 and amended by subsequent Assemblies."] 

1. Plan of Princeton Theological Seminary. 
Article I. Of the General Assembly. 

Section 1. As this institution derives its origin from the General 
Assembly, that body is to be considered its patron and the fountain of 
its power. 

Sec. 2. The Board of Directors appointed by the Assembly shall have 
the immediate control of the seminary. 

Sec. 3. The General Assembly shall, at all times, have the power of 
adding to the constitutional articles of the seminary, and of abrogating, 
altering, or amending them; but in the exercise of this power, the con- 
templated additions, abrogations, alterations or amendments, shall, in 
every case, be proposed at one Assembly, and not adopted till the Assem- 
bly of the subsequent year, except by a unanimous vote. 

Article II. Of the Board of Directors. 

Section 1. The Board of Directors shall consist of twenty-one minis- 
ters and nine ruling elders ; of whom one-third, or seven ministers and 
three ruling elders, shall be chosen by the said Board annually, to con- 
tinue in office three years; and the Board shall also have power to fill 
all vacancies which may occur in its body ; all these elections, however, 
shall be subject to the veto of the General Assembly, to whom they 
shall be reported at its next meeting thereafter. 

Sec. 2. The Board of Directors shall have power to elect the profes- 
sors, and to remove them from office, such election and removal to be 
subject to the veto of the General Assembly. The said Board shall also 
have power to suspend temporarily a professor, preliminary to and 
pending an investigation of charges against his life or doctrine. . 

Sec. 3. The Board of Directors shall meet statedly, at least once in 
each year at the close of the session ; and oftener on their own adjourn- 
ments, if they shall judge it expedient. Nine members of the Board 
shall be a quorum; Provided, always, That of this number five at least 
be ministers of the Gospel. 

Sec. 4. The Board shall choose, out of their own number, a President, 
two Vice-Presidents, and a Secretary. In the absence of the President 
and Vice-Presidents the senior member present shall preside. 

Sec. 5. The President of the Board, or, in the event of his death, 



OF THE UENEKAL ASSEMBLY. 423 

absence or inability to act, the first Vice-President shall, at the request 
of any three members, expressed to him in writing, call a special meet- 
ing of the Board of Directors by a circular letter addressed to each ; in 
which letter notice shall be given, not only of the place and time of 
meeting, but of the business intended to be transacted at the meeting 
notified; and this letter shall be sent at least ten days before the time of 
said meeting. 

Sec. 6. The Secretary of the Board shall keep accurate records of 
all the proceedings of the directors; and it shall be his duty to lay these 
records, or a faithful transcript of the same, before the General Assem- 
bly, annually, for the unrestrained inspection of all the members. 

Sec. 7. Every meeting of the Board of Directors shall be opened and 
closed with prayer. 

Sec. 8. The Board of Directors may make rules and regulations for 
the performance of the duties assigned them, or for the preservation of 
order, not inconsistent with the prescriptions of this plan, or the orders 
of the General Assembly. 

Sec. 9. The Board shall direct the professors of the seminary in 
regard to the subjects and topics on which they are severally to give 
instructions to the pupils, so far as the same shall not be prescribed by 
this plan, or by the orders of the General Assembly. 

Sec. 10. It shall be the duty of the Board of Directors to inaugurate 
the professors of the seminary, and to direct what forms shall be used, 
and what services performed, on such occasions. 

Sec. 11. Every director, previously to his taking his seat as a member 
of the Board, shall solemnly subscribe the following formula, viz. : 
" Approving the plan of the theological seminary of the Presbyterian 
Church in the United States of America, I solemnly declare and promise, 
in the presence of God, and of this Board, that I will faithfully endeavor 
to carry into effect all the articles and provisions of said plan, and to 
promote the great design of the seminary. ' ' 

Sec. 12. It shall be the duty of the Board of Directors to watch over 
the conduct of the students; to redress grievances; to examine into the 
whole course of instruction and study in the seminary; and generally to 
superintend and endeavor to promote all its interests. 

Sec. 13. The Board of Directors shall make, in writing, a detailed 
and faithful report of the state of the seminary to every General Assem- 
bly; and they may, at the same time, recommend such measures for the 
advantage of the seminary as to them may appear proper. 

Sec. 14. At every stated meeting of the Board of Directors, unless 
particular circumstances render it inexpedient, there shall be at least one 
sermon delivered in the presence of the Board, the professors, and 
students, by a director or directors previously appointed for the purpose. 

Article III. Of the Professors. 

Section 1. The number of the professors in the seminary shall be 
increased or diminished as the Board of Directors shall from time to time 
direct. But when the seminary shall be completely organized, there 
shall not be less than three professors. 

Sec. 2. No person shall be inducted into the office of Professor of 
Divinity but an ordained minister of the Gospel. 

Sec. 3. Every person elected to a professorship in this seminary shall, 
on being inaugurated, solemnly subscribe the Confession of Faith Cate- 



424 FORM OF GOVERNMENT, CHAP. XII. 

chisms and Form of Government of the Presbyterian Church, agreeably 
to the following formula, viz. : < ' In the presence of God and of the 
directors of this seminary, I do solemnly and ex animo adopt, receive 
and subscribe the Confession of Faith and Catechisms of the Presby- 
terian Church in the United States of America as the confession of my 
faith, or as a summary and just exhibition of that system of doctriue 
and religious belief, which is contained in Holy Scripture, and therein 
revealed by God to man for his salvation; and I do solemnly, ex animo, 
profess to receive the Form of Government of said Church, as agreeable 
to the inspired oracles. And I do solemnly promise and engage not to 
inculcate, teach, or insinuate anything which shall appear to me to con- 
tradict or contravene, either directly or impliedly, anything taught in the 
said Confession of Faith or Catechisms, nor to oppose any of the funda- 
mental principles of Presbyterian Church government, while I .shall 
continue a professor in this seminary. ' ' 

Sec. 4. The salaries of the professors shall be fixed by the Board of 
Directors. 

Sec. 5. The professors may accompany their lectures and recitations 
with prayer as frequently as they may judge proper, in addition to those 
daily seasous of prayer, in which all the students will unite. 

Sec. 0. Each professor shall lay before the Board of Directors, as soon 
as practicable after his appointment, a detailed exhibition of the system 
and method which he proposes to pursue, and the subjects which he pro- 
poses to discuss, in conducting the studies of the youth that shall come 
under his care ; and in this system he shall make such alterations or 
additions as the Board shall direct, so that eventually the whole course 
through which the pupils shall be carried, shall be no other than that 
which the Board of Directors shall have approved and sanctioned 
conformably to Sec. 9, Art. ii. And as often as any professor shall 
think that variations and additions of importance may be advantageously 
introduced into his course of teaching, he shall submit the same to the 
Board of Directors for their approbation or rejection. 

Sec. 7. Every class shall, if practicable, have at least one lecture or 
recitation every day. 

Sec. 8. Any professor intending to resign his office shall give six 
mouths' notice of such intention to the Board of Directors. 

Sec. 9. The professors of the institution shall be considered as a 
faculty. They shall meet at such seasons as they may judge proper. 
In every meeting the senior professor present shall preside. The faculty 
shall choose a clerk, and keep accurate records of all their proceedings, 
which records shall be laid before the directors at every stated meeting of 
the Board. The president of the faculty shall call a meeting whenever 
he shall judge it expedient, and whenever he shall be requested to do so 
by any other member. By the faculty, regularly convened, shall 
be determined the hours and seasons at which the classes shall attend the 
professors severally, so as to prevent interference and confusion, and to 
afford to the pupils the best opportunities of improvement. The faculty 
shall attend to and decide on all cases of discipline and all questions of 
order, as they shall arise. They shall agree on the rules of order, deco- 
rum, and duty (not inconsistent with any provision in the plan of the 
seminary, nor with any order of the Board of Directors), to which the 
students shall be subjected, and these they shall reduce to writing, and 
cause to be publicly and frequently read. They shall determine the 



OF THE GENERAL ASSEMBLY. 425 

hours at which the whole of the pupils shall, morning and evening, attend 
for social worship, and the manner in which, and the person or persons 
of their own number, by whom the exercises of devotion shall be con- 
ducted. 

Sec. 10. The faculty shall be empowered to dismiss from the seminary 
any student who shall prove unsound in his religious sentiments, immoral 
or disorderly in his conduct, or who may be, in their opinion, on any 
account whatsoever, a dangerous or unprofitable member of the insti- 
tution. 

Sec. 11. Each member of the faculty shall have an equal vote. 

Sec. 12. It shall be the duty of the professors, under the direction of 
the Board of Directors, to supply the pupils of the institution with the 
preaching of the Gospel, and the administration of the sacraments of 
the Christian Church, if this supply shall not, in the judgment of the 
directors, be satisfactorily furnished by a church or churches in the place 
where the institution shall be established. 

Article IV. Of Study and Attainments. 

As the particular course of study pursued in any institution will and 
perhaps ought to be modified in a considerable degree, by the views and 
habits of the teachers, and ought, moreover, to be varied, altered, or 
extended, as experience may suggest improvements, it is judged proper to 
specify, not so precisely the course of study as the attainments which 
must be made. Therefore, 

Section 1. Every student, at the close of his course, must have made 
the following attainments, viz. , he must be well skilled in the original 
languages of the Holy Scriptures. He must be able to explain the 
principal difficulties which arise in the perusal of the Scriptures, either 
from erroneous translations, apparent inconsistencies, real obscurities, or 
objections arising from history, reason or argument. He must be versed 
in Jewish and Christian antiquities, which serve to explain and illustrate 
Scripture. He must have an acquaintance with ancient geography and 
with Oriental customs, which throw light on the sacred records. Thus 
he will have laid the foundation for becoming a sound Biblical critic. 

He must have read and digested the principal arguments and writings 
relative to what has been called the deistical controversy. Thus will he 
be qualified to become a defender of the Christian faith. 

He must be able to support the doctrines of the Confession of Faith 
and Catechisms, by a ready, pertinent and abundant quotation of Scrip- 
ture texts for that purpose. He must have studied, carefully and 
correctly, natural, didactic, polemic and casuistic theology. He must 
have a considerable acquaintance with general history and chronology, 
and a particular acquaintance with the history of the Christian Church. 
Thus he will be preparing to become an able and sound divine and casuist. 

He must have read a considerable number of the best practical writers 
on the subject of religion. He must have learned to compose with 
correctness and readiness in his own language and to deliver what he has 
composed to others in a natural and acceptable manner. He must be well 
acquainted with the several parts, and the proper structure of popular 
lectures and sermons. He must have composed at least two lectures and 
four popular sermons, that shall have been approved by the professors. 
He must have carefully studied the duties of the pastoral care. Thus 
he will be prepared to become a useful preacher and a faithful pastor. 



426 FORM OF GOVERNMENT, CHAP. XII. 

He must have studied attentively the form of Church government 
authorized by the Scriptures, and the administration of it as it has taken 
place in Protestant Churches. Thus he will be qualified to exercise disci- 
pline, and to take part in the government of the Church in all its 
judicatories. 

Sec. 2. The period of continuance in the theological seminary shall, in 
no case, be less than three years, previously to an examination for a cer- 
tificate of approbation. But students may enter the seminary, and enjoy 
the course of instruction for a shorter time than three years, provided 
they in all other respects submit to the laws of the seminary, of which 
facts they may receive a written declaration from the professors. 

Sec. 3. There shall be an examination of all the pupils in the semi- 
nary, under the direction of the Board of Directors, at least once every 
year. Those pupils who shall have regularly and diligently studied for 
three years, shall be admitted to an examination on the subjects specified 
in this article. All examinations shall be conducted by the professors, in 
the presence of the directors, or a Committee of them. Every director 
present shall be at liberty, during the progress of any examination, or 
after the same shall have been closed by the professors, to put to any 
pupils such questions as he shall deem proper. Every pupil that shall 
have passed his final examination to the satisfaction of the directors 
present shall receive a certificate of the same, signed by the professors, 
with which he shall be remitted to the Presbytery, under whose care he 
is placed, to be disposed of as such Presbytery shall direct. Those who 
do not pass a satisfactory examination shall remain a longer space in the 
seminary. 

Sec. 4. It shall be the object of the professors to make such arrange- 
ments in the instruction of their pupils as shall be best adapted to enable 
them, in the space of three years, to be examined with advantage on the 
subjects specified in this article. 

Article V. Of Devotion and Improvement in Practical Piety. 

It ought to be considered as an object of primary importance by every 
student in the seminary, to be careful and vigilant not to lose that 
inward sense of the power of godliness which he may have attained; 
but, on the contrary, to grow continually in a spirit of enlightened 
devotion and fervent piety; deeply impressed with the recollection, that 
without this, all his other acquisitions will be comparatively of little 
worth, either to himself, or to the Church of which he is to be a minister. 

He must remember, too, that this is a species of improvement which 
must of necessity be left, in a great measure, with himself, as a concern 
between God and his own soul. 

It is proper, however, to delineate the path of duty, express the wishes 
and expectations of the founders of the seminary, and to make such 
requirements as the nature of the subject will permit. 

Section 1. It is expected that every student in the theological seminary 
will spend a portion of time every morning and evening in devout 
meditation and self -recollection and examination; in reading the Holy 
Scriptures, solely with a view to a personal and practical application of 
the passage read to his own heart, character and circumstances ; and in 
humble, fervent prayer and praise to God in secret. 

The whole of every Lord's day is to be devoted to devotional exercises, 
either of a social or secret kind. Intellectual pursuits, not immediately 



OF THE GENERAL ASSEMBLY. 427 

connected with devotion or the religion of the heart, are on that day to 
be foreborne. The books to be read are to be of a practical nature. 
The conversations had with each other are to be chiefly on religious 
subjects. Associations for prayer and praise, and for religious confer- 
ence, calculated to promote a growth in grace, are also proper for this 
day ; subject to such regulations as the professors and directors may see 
proper to prescribe. It is wished and recommended, that each student 
should ordinarily set apart one day in a month for special prayer and 
self-examination in secret, and also that he should, on suitable occasions, 
attend to the duty of fasting. 

Sec. 2. If any student shall exhibit, in his general deportment, a levity 
or indifference in regard to practical religion, though it do not amount to 
any overt act of irreligion or immorality, it shall be the duty of the 
professor who may observe it to admonish him tenderly and faithfully in 
private, and endeavor to engage him to a more holy temper, and a more 
exemplary deportment. 

Sec. 3. If a student, after due admonition, persist in a system of 
conduct not exemplary in regard to religion, he shall be dismissed from 
the seminary. 

Sec. 4. The professors are particularly charged, by all the proper 
means in their power, to encourage, cherish, and promote devotion and 
personal piety among their pupils, by warning and guarding them, on 
the one hand, against formality and indifference, and on the other, 
against ostentation and enthusiasm ; by inculcating practical religion in 
their lectures and recitations; by taking suitable occasions to converse 
with their pupils privately on this interesting subject ; and by all other 
means incapable of being minutely specified, by which they may foster 
true experimental religion, and unreserved devotedness to God. 

Article VI. Of the Students. 

Section 1. Every student applying for admission to the theological 
seminary shall produce satisfactory testimonials that he possesses good 
natural talents, and is of a prudent and discreet deportment ; that he is 
in full communion with some regular church ; that he has passed through 
a regular course of academical study ; or, wanting this, he shall submit 
himself to an examination in regard to the branches of literature taught 
in such a course. 

Sec. 2. The first six months of every student in the seminary shall be 
considered as probationary ; and if at the end of this period, any student 
shall appear to the professors not qualified to proceed in his studies, they 
shall so report him to the Board of Directors, who, if they are of the 
same opinion with the professors, shall dismiss him from the seminary. 

Sec. 3. The hours of study and of recreation for the students shall be 
fixed by the professors, with the concurrence of the directors ; and every 
student shall pay a strict regard to the rules established, relative to this 
subject. 

Sec. 4. Every student shall be obliged to write on such theological and 
other subjects, as may be prescribed to him by the professors, once a 
month ; and shall also commit to memory a piece of his own composition, 
and pronounce it in public, before the professors and students. 

Sec. 5. Every student shall not only preserve an exemplary moral 
character, but shall be expected to treat his teachers with the greatest 
deference and respect, and all other persons with civility. 



428 FORM OF GOVERNMENT, CHAP. XII. 

Sec. 6. Every student shall yield a prompt and ready obedience to all 
the lawful requisitions of the professors and directors. 

Sec. 7. Diligence and industry in study shall be considered as indispen- 
sable in every student, unless the want of health shall prevent, of which 
the professors shall take cognizance, and make the suitable allowance. 

Sec. 8. Strict temperance in meat and drink is expected of every 
student, with cleanliness and neatness in his dress and habits ; while all 
excessive expense in clothing is strictly prohibited. 

Sec. 9. Every student, before he takes his standing in the seminary, 
shall subscribe the following declaration, viz. , ' ' Deeply impressed with a 
sense of the importance of improving in knowledge, prudence and 
piety, in my preparation for the Gospel ministry, I solemnly promise, in a 
reliance on divine grace, that I will faithfully and diligently attend on all 
the instructions of this seminary, and that I will conscientiously and 
vigilantly observe all the rules and regulations specified in the plan for its 
instruction and government, so far as the same relate to the students; 
and that I will obey all the lawful requisitions, and readily yield to all 
the wholesome admonitions of the professors and directors of the semi- 
nary, while I shall continue a member of it. ' ' 

Sec. 10. The exercises of the seminary shall be suspended during 
eighteen weeks in every year ; the number of vacations, and the times at 
which they shall begin and end, to be determined by the Board of Directors. 

Article VII Of the Funds. 

Section 1. The Board of Directors are authorized to exercise all 
control of the funds belonging to this institution, hitherto exercised by 
the General Assembly, as far as can be done consistently ^vith the will 
of the testators or donors; such as fixing the salary of the professors, 
regulating the amount required for endowment of scholarships or 
professorships, and keeping sacred and distinct the different funds 
already created, or to be hereafter created, for the specific objects for 
which they are given. 

Sec. 2. All matters relating to finance, fixing the salaries of profes- 
sors, the extent of endowment and aid of students, shall be, by the 
Board of Directors, submitted to the trustees of the seminary for their 
approval . 

Sec. 3. Fair statements shall be annually presented to the Assembly, 
by the Board of Directors and by the trustees, of the amount of funds 
belonging to the seminary, of the items that constitute that amount, and 
of the expenditures, in detail, for the preceding year. 

Sec. 4. The intention and directions of testators or donors, in regard 
to moneys or other property left or given to the seminary, shall, at all 
times, be sacredly regarded. And if any individual, or any number of 
individuals, not greater than three, shall by will, or during his or their 
lives, found or endow a professorship or professorships, a scholarship or 
scholarships, or a fund or funds, destined to special purposes, said profes- 
sorships, scholarships or funds shall forever afterwards be called and 
known by the name or names of those who founded or endowed them; 
and if any congregation, Presbytery, Synod or association shall found a 
professorship or professorships, a scholarship or scholarships, or a fund 
or funds, said professorships, scholarships or funds shall forever after- 
wards be called and known by such names as the body founding them 
shall give. 



OF THE GENERAL ASSEMBLY. 429 

Sec. 5. After supporting the professors, and defraying the other nec- 
essary charges of the seminary, the funds shall be applied as far as 
circumstances will admit, to defray or diminish the expenses of those 
students who may need pecuniary aid, as well as to lessen, generally, 
the expense of a residence at the seminary. 

2. Property to be held by trustees of the Assembly. 

That the trustees of this Assembly be directed to receive and hold, for 
the use of the theological seminary, the transfers which have been made, 
or shall be made, of property bequeathed to the seminary. — 1814, p. 
562. 

3. Directors ordered to secure charter. 

The following resolution was submitted to the Assembly, and adopted, 
viz.: 

Whereas, The real estate of this ' General Assembly in the State of 
New Jersey, appertaining to the theological seminary at Princeton, is at 
present secured to the Assembly by the constituting of certain individ- 
uals trustees of such property; and 

Whereas, There is a manifest inconvenience, if not hazard, in holding 
said property by such an expedient, 

Resolved, That the Board of Directors, if they judge it expedient, 
endeavor to obtain an act of incorporation from the Legislature of said 
State, as a measure of prudence and safety, and that they be instructed 
to endeavor to obtain an act similar to that obtained in the State of 
Pennsylvania, and report the charter to the Assembly for adoption. — 
1821, p. 22. 

4." Charter at first declined by the Assembly. 

That the General Assembly respectfully decline, for the present, to 
accept the act of incorporation of the Legislature of New Jersey, entitled 
' ' An act for incorporating trustees of the Theological Seminary of 
the Presbyterian Church at Princeton, in the State of New Jersey, ' ' and 
that the act be referred to the Board of Directors to procure, if practica- 
ble, a repeal of the last clause of the act. — 1823, p. 81. 

5. Orders given in connection with the charter. 

The Committee on the Charter of the Theological Seminary at 
Princeton reported and recommended the following resolutions, Avhich were 
adopted, viz. : 

1. Resolved, That the charter, with its supplement, be published in 
the Appendix to the Minutes of the present year. 

2. Resolved, That the trustees of the Theological Seminary of the 
Presbyterian Church be directed to hold their first meeting at Princeton, 
on Tuesday preceding the next annual- commencement of New Jersey 
College, and the present Temporary Clerk of this Assembly is hereby 
directed to give notice to each member at least ten days previous to said 
meeting. 

3. Resolved, That the individual trustees, who hold in trust the real 
estate at Princeton, transfer said property to the incorporated trustees of 
the seminary. 

4. Resolved, That in voting for trustees of the Theological Seminary 
of the Presbyterian Church, the Assembly adopt the rules which exist in 
relation to voting for trustees of the General Assembly, found in the 
Digest, pp. 198, 199.— 1824, p. 117. 



430 FORM OF GOVERNMENT, CHAP. XII. 

6. Trustees elected by the Assembly. 

Agreeably to the order of the day, the Assembly proceeded to the 
election of trustees of the Theological Seminary at Princeton, when the 
Hon, Jonas Piatt was elected in the room of John Condict, Esq. ; Dr. 
John T. Woodhull, in the room of Ebenezer Elmer, Esq. ; Horace 
Stockton, Esq., in the room of John Beatty, Esq. ; Rev. James Carna- 
han, D.D., in the room of the Rev. Alexander McClelland; and the 
Rev. Joseph McElroy in the room of the Rev. Samuel B. How. — 1826, 
p. 186. 

Resolved, That the Assembly will make no further change in the 
Board this year. — 1826, p. 186. 

7. Agreement with the trustees of New Jersey College. 

a. An extract from the minutes of the trustees of the College of New 
Jersey, stating the appointment of a Committee of their Board to confer 
with a Committee of this Assembly on the establishment of a theological 
school, being received, was read, and Drs. Alexander and Nott, the 
Rev. John P. Campbell, Messrs. Connelly and Bethune, were appointed 
a Committee to confer with the Committee of the trustees. — 1811, p. 
466. 

b. This Committee reported among other things that they deem it 
expedient on the part of this Assembly to appoint a Committee, with 
ample powers, to meet a Committee on the part of the trustees of the 
College of New Jersey, invested with similar powers, to frame the plan 
of a Constitution for the theological seminary, containing the fundamen- 
tal principles of a union with the trustees of that college and the semi- 
nary already established by them, which shall never be changed or altered, 
without the mutual consent of both parties, provided that it should be 
deemed proper to locate the Assembly's seminary at the same place with 
that of the college. [The Committee was appointed.] — 1811, pp. 470, 
471. 

Terms of Agreement. 

The following plan of agreement between a Committee appointed by 
the last General Assembly and a Committee of the trustees of the College 
of New Jersey for the location and establishment of a theological semi- 
nary, was submitted to this Assembly, and was adopted: 

1. That the theological seminary about to be erected by the General 
Assembly shall have its location in Princeton or its immediate vicinity, 
in the State of New Jersey, and in such connection with the College of 
New Jersey as is implied in the following articles : 

2. That the trustees of the college engage that the General Assembly 
and directors to be by them appointed shall carry into complete and full 
effect, without any interposition, interference, let or hindrance from 
them, the trustees or their successors, the whole plan of a theological 
seminary, as laid down and agreed upon at a meeting of the Assembly in 
the present year of our Lord 1811. That is to say, that the General 
Assembly shall appoint their directors, choose their professors, crrry on 
their instruction, govern their pupils and manage their funds as to them 
shall appear best. 

3. That the trustees of the college engage to the General Assembly 
freely to allow them to erect at their own expense, on the grounds belong- 
ing to the college, such buildings for the accommodation of pupils and 



OF THE GENERAL ASSEMBLY. 431 

professors as they may judge proper, and which may not interfere with 
the buildings and their conveniences already erected by the trustees; and 
to prevent all future dissatisfaction on this subject, that it be agreed that 
when the General Assembly or the directors of the theological seminary 
may wish to erect any building on the college grounds, and there shall 
be any discordance of views, relative to the same, then the General 
Assembly or the directors aforesaid shall appoint three men and the Board 
of Trustees the same number, and these six shall choose one man not 
belonging to either body; and these seven men, by a majority of votes, 
shall determine whether said building can be properly erected on said 
grounds, and if so, what shall be the site and size of the same; and that 
this determination shall be conclusive and final with both parties. Pro- 
vided, nothing contained in this article shall be understood to prohibit the 
General Assembly or the directors of the theological seminary from making 
use of any other ground, within the limits prescribed in article first, for 
the purposes aforesaid. 

4. That the trustees engage to the General Assembly to grant them 
every practicable accommodation in the building now existing, not only 
till others may be erected by the Assembly, but afterward, so long as the 
same may be desirable. 

5. That the trustees engage to endeavor to receive into the college all 
the youth whom the Assembly, or the directors by them appointed, may 
send to it for the purpose of education, subject to such examination at 
entrance and to such discipline during their residence in college as the 
other pupils of the college are subjected to, the trustees to receive for the 
expenses of board, tuition and room-rent the same as for others, and 
giving to the Assembly the assurance that as pupils increase and the 
funds of the college will permit, they will reduce as low as possible all 
the expenses of the pupils under their care. 

6. That the trustees agree to receive and hold for the use of the Assem- 
bly such sums of money as they may voluntarily choose to deposit in the 
hands of the trustees for improvement, so as to incur no inconvenience 
to such trustees from the limitation of their charter, and that such sums 
of money be accordingly invested in such funds as the Assembly shall 
direct; that the trustees pay the interest thereof, when received, to the 
order of the Assembly, keep it wholly separate from the funds of the 
college, and pay over or transfer to the order of the Assembly the prin- 
cipal sum whenever they shall so direct. 

7. That the trustees grant to the professors and pupils of the theologi- 
cal seminary the free use of the college library, subject to such rules as 
may be adopted for the preservation of the books and the good order of 
the same. 

8. That if the General Assembly shall wish to establish at Princeton 
an elementary school for the instruction of youth in such learning as 
usually precedes their entrance into college, the trustees agree to aid 
them in this undertaking, by every accommodation and all the patronage 
in their power, so, however, as not to engage to make drafts on the funds 
of the college for that purpose. 

9. That if at any time the General Assembly shall find that the con- 
nection between their seminary and the college does not conduce suffi- 
ciently to the great purposes contemplated to be answered by the said 
seminary, they shall be at liberty to remove it to some other place; 
and the trustees engage that while the theological seminary shall re- 



432 FORM OF GOVERNMENT, CHAP. XII. 

main at Princeton no professorship of theology shall be established in the 
college. 

10. That whereas the trustees of the college have in their hands a 
fund, the annual income of which is nearly eighteen hundred dollars, 
appropriated by the donors to the education of poor and pious youth for 
the gospel ministry of the Presbyterian denomination, the trustees give 
an assurance to the Assembly that if the first of these articles take effect 
they will pay a high regard to the recommendation of the Assembly or 
of their directors as to the youth who shall receive the benefit of this 
fund. 

Ashbel Green, 

Richard Stockton, 

John Woodhull, 

Committee of the Trustees of New Jersey College. 

Archibald Alexander, 
Jacob J. Janeway, 
Robert Ralston, 
John McDowell, 

Committee of the General Assembly. 

Princeton, June 26, 1811. —1812, p. 499. 

8. The charter. 

An act for incorporating trustees of the Theological Seminary of the Pres- 
byterian Church, at Princeton, in the State of New Jersey. 

1. Be it enacted by the Council and General Assembly of this State, and it 
is hereby enacted by the authority of the same, That Andrew Kirkpatrick, 
Gabriel H. Ford, Samuel L. Southard, Robert M'Neely, John Condict, of 
Bergen, Ebenezer Elmer, John Beatty, Alexander Henry, Benjamin Strong, 
Charles Ewing, Samuel Bayard, John Van Cleve, Ashbel Green, John 
M'Dowell, David Comfort, George S. Woodhu]l, Isaac V. Brown, Alexander 
M'Cleland, Jacob J. Janeway, James Richards and Samuel B. How and their 
successors, duly elected and appointed in manner as is hereinafter directed, be 
and they are hereby made, declared and constituted a corporation and body 
politic and corporate, in law and in fact, to have continuance by the name, 
style and title of "Trustees of the Theological Seminary of the Presbyterian 
Church," and by the name, style and title afores'aid, shall be persons able and 
capable in law as well to take, receive and hold all and all manner of lands, 
tenements, rents, annuities, franchises and other hereditaments which at any 
time or times heretofore have been granted, bargained, sold, enfeoffed, released, 
devised or otherwise conveyed for use of the Theological Seminary of the 
Presbyterian Church in the United States of America, located at Princeton, 
in the State of New Jersey, or any other person or persons, to the use of the 
said seminary, or in trust for the same ; and the same lands, tenements, rents, 
annuities, liberties, franchises, and other hereditaments are hereby vested and 
established in the said corporation and their successors according to the 
original use and intent for which such devises, gifts and grants were respec- 
tively made ; and the said corporation and their successors are hereby declared 
to be seized and possessed of such estate and estates therein as in and by the 
respective grants, bargains, sales, enfeoffments, releases, devises, and other 
conveyances thereof is or are declared, limited and expressed ; also, that the 
said corporation and their successors shall be capable and able to purchase, 
have, receive, take, hold and enjoy, in fee simple, or of lesser estate or estates, 
any lands, tenements, rents, annuities, franchises and other hereditaments by 
the gift, grant, bargain, sale, alienation, enfeoffment, release, confirmation or 
devise of any person or persons, bodies politic and corporate, capable and able 
to make the same ; and further, that the said corporation and their successors 
may take and receive any sum or sums of money, and any portion of goods 
and chattels that have been given to and for the use of the Theological Semi- 
nary at Princeton, or to the directors thereof, or to any other person or per. 



OF THE GENERAL ASSEMBLY. 433 

sons, body politic or corporate, in trust or for the use of the said seminary, 
or that hereafter shall be given, sold, leased or bequeathed to the said corpo- 
ration by any person or persons, bodies politic or corporate, that is able or 
capable to make a gift, sale, bequest or other disposal of the same ; such 
money, goods or chattels to be laid out and disposed of for the use and benefit 
of the aforesaid corporation agreeably to the intention of the donors and 
according to the objects, articles and conditions of this act. 

2. And be it enacted, That no misnomer of the said corporation and their 
successors shall defeat or annul any gift, grant, devise or bequest to or for the 
said corporation; Provided, The intent of the party or parties shall sufficiently 
appear upon the face of the gift, will, grant or other writing whereby any 
estate or interest was intended to pass to or for the said corporation. 

3. And be it enacted, That the said corporation and their successors shall 
have full power and authority to make, have and use a common seal, with 
such device and inscription as they shall think fit and proper, and the same to 
break, alter and renew at their pleasure. 

4. And be it enacted, That the said corporation and their successors, by the 
name, style and title aforesaid, shall be able and capable to sue and be sued, 
plead and be impleaded, in any court of law or equity in this State. 

5. And be it enacted, That the said corporation and their successors shall be 
and hereby are authorized and empowered to make, ordain and establish by- 
laws and ordinances, and do everything incident and needful for the support 
and due government of the said corporation and managing the funds and 
revenues thereof ; Provided, The said by-laws be not repugnant to the Constitu- 
tion and laws of the United States, to the Constitution and laws of this State, 
or to this act. 

6. And be it enacted, That the said corporation shall not, at any time, con- 
sist of more than one-and-twenty persons, twelve of whom shall at all times 
be laymen and citizens of this State, whereof the General Assembly of the 
Presbyterian Church in the United States .may, at their annual meetings, 
change one-third, in such manner as to the said General Assembly shall seem 
proper ; and the corporation aforesaid shall have pow T er and authority to man- 
age and dispose of all moneys, goods, chattels, lands, tenements and heredi- 
taments, and other estate whatsoever, committed to their care and trust by 
the said General Assembly ; but in cases where special instructions for the 
management and disposal thereof shall be given by the said General Assembly 
in writing, under the hand of their clerk, it shall be the duty of the said cor- 
poration to act according to such instructions ; Provided, The said instructions 
shall not be repugnant to the Constitution and laws of the United States, or 
to the Constitution and laws of this State, or to this act. 

7. And be it enacted, That seven members of this corporation, whereof the 
president, or, in his absence, the vice-president, to be one, shall be a sufficient 
number to transact the business thereof and to make by-laws, rules and regu- 
lations ; Provided, That previous to any meeting of the board or corporation 
for such purposes, not appointed by adjournment, ten days' notice shall be 
previously given thereof, by the secretary or clerk of the said corporation, to 
each of the members of the same ; and the said corporation shall and may, as 
often as they shall see proper, and according to the rules by them to be pre- 
scribed, choose out of their number a president and vice-president and secre- 
tary, and shall have authority to appoint a treasurer and such other officers 
and servants as shall by them, the said corporation, be deemed necessary, to 
which officers the said corporation may assign such a compensation for their 
services and such duties to be performed by them, to continue in office for 
such time and to be succeeded by others in such way and manner as the said 
corporation shall direct. 

8. And be it enacted, That all questions before the said corporation shall be 
decided by a plurality of votes, whereof each member present shall have one, 
except the president, or vice-president when acting as president, who shall 
have only the casting vote and voice in case of an equality in the votes of the 
other members. 

9. And be it enacted, That the said corporation shall keep regular and fair 
entries of their proceedings, and a just account of their receipts and disburse- 
ments, in a book or books to be provided for that purpose, and shall, once in a 
year, exhibit to the General Assembly of the Presbyterian Church in the 
United States of America, an exact state of the accounts and funds of said 
corporation, and also to the Legislature of this State, every five years. 

28 



434 FORM OF GOVERNMENT, CHA.P. XII. 

10. And be it enacted, That the said corporation may take, receive, purchase, 
possess and enjoy messuages, lands, tenements, rents, annuities and other 
hereditaments, real and personal estate of any amount ; Provided, That the 
same do not yield an annual income exceeding the sum of fifteen thousand 
dollars. 

11. Provided, nevertheless, and it is hereby enacted, That nothing herein con- 
tained shall prevent the Legislature from altering, amending or repealing this 
act, whenever in their opinion the public good requires it. 

Passed November 15, 1822. 

A supplement to an act entitled "An act for incorporating trustees of the 
Theological Seminary of the Presbyterian Church, at Princeton, in the 
State of New Jersey." 

Whereas, by the eleventh section of the act to which this is a supplement, 
the Legislature of this State has retained the power to alter, amend or repeal 
the said act, whenever in their opinion the public good requires it ; and 
whereas, the exercise of that power may leave the property which may then 
be vested in the said corporation without proper trustees to manage and dis- 
pose ol the same ; therefore, 

1. Be it enacted by the Council and General Assembly of this State, and it is 
hereby enacted by the authority of the same, That in case the Legislature of this 
State shall, at any time hereafter, alter, amend or repeal the act to which this is 
a supplement, the trustees of the said seminary for the time being shall be, and 
they are hereby authorized and empowered at any time within one year after 
any such alteration, amendment or repeal, to convey all the property belonging 
to them, as trustees aforesaid, to any number of citizens of this State, not less 
than three, nor more than five, whom they may select, their heirs and assigns, 
who shall hold the said property thus conveyed to them, their heirs and 
assigns, in trust, for the sole use of said seminary, anything in the said act to 
the contrary notwithstanding. 

Passed December 9, 1823. 

A further supplement to the act entitled "An act for incorporating trustees 
of the Theological Seminary of the Presbyterian Church, at Princeton, in 
the State of New Jersey," approved the fifteenth day of November, 
eighteen hundred and twenty-two. 

1. Be it enacted by the Senate and General Assembly of the State of New 
Jersey, That the said "Trustees of the Theological Seminary of the Presby- 
terian Church" may take, receive, purchase, possess and enjoy messuages, 
lands, tenements, rents, annuities and other hereditaments, real and personal 
estate of any amount ; Provided, That the same do not yield an annual income 
exceeding the sum of fifty thousand dollars. 

2. And be it enacted, That the tenth section of the act to which this is a sup- 
plement be and the same is hereby repealed. 

Approved February 27, 1866. 

An act to authorize the corporations of Theological Seminaries in this State 
to increase the number of their trustees. 

1. Be it enacted by the Senate and General Assembly of the State of New 
Jersey, That whenever by the charter of any Theological Seminary of this 
State the number of trustees thereof is limited, it shall be lawful for the said 
corporation or the trustees thereof, to increase the number of such trustees by 
appointing at least six additional trustees, dividing them into classes in the 
same manner as provided in such charter. 

2. And be it enacted, That this act shall take effect immediately. 
Approved April 20, 1876. 

An act to amend an act entitled "An act to increase the number of trustees 
in Theological Seminaries in New Jersey." 

1. Be it enacted by the Senate and General Assembly of the State of New 
Jersey, That whenever, by the charter of any Theological Seminary in this 
State, the number of trustees thereof is limited, it shall be lawful for the said 
corporation or the trustees thereof to increase the number of such trustees by 



OF THE GENERAL ASSEMBLY. 435 

appointing at least six and not more than twelve additional trustees, dividing 
them into classes in the same manner as provided in such charter. 

2. And be it enacted, That this act shall take effect immediately. 

Approved March 2, 1877. 

An act to authorize corporations organized for religious, educational or benev- 
olent purposes to procure an increase of their capacity to acquire and 
hold real and personal property. 

1. Beit enacted by the Senate and General Assembly of the State of New 
Jersey, That whenever any corporation of this State, incorporated for religious, 
educational or benevolent purposes, shall, by its charter or any supplement 
thereto, or otherwise, be limited in the amount or value of real or personal 
property which it may acquire, have, hold and enjoy for the use and purposes 
of suchcorporation, and the board of trustees, directors or managers of such 
corporation shall desire to obtain for such corporation legal capacity to acquire, 
have, hold, use and enjoy a larger amount than that to which it is or shall 
be so limited, that it shall be lawful for such trustees, directors or managers 
at any stated meeting of said board, and from time to time, to adopt by vote 
of a majority of the whole number of such trustees, directors or managers, a 
resolution declaring their desire to have the amount so enlarged, and stating 
the amount to which it is to be so increased, and to cause a copy of such res- 
olution, authenticated and verified as by this act directed, to be filed in the 
office of the secretary of State. 

2. And be it enacted, That the copy of the resolution authorized by the first 
section of this act to be filed with the secretary of State shall be certified and 
authenticated under the common seal of said corporation, and shall be verified 
by the oath of the clerk or secretary of said corporation that the seal affixed 
to said copy is the common seal of said corporation, that the said copy is a true 
copy of the original resolution as recorded on the minutes of said board, 
and that it was passed as directed in the first section of this act. 

3. And be it enacted, That on filing said copy of such resolution in the office 
of the secretary of State, it shall be thereafter lawful for the said corporation 
to take and receive by gift, grant, devise, bequest or purchase, and to have, 
hold and enjoy for the uses and purposes of the said corporation any real or 
personal estate not exceeding the increased amount nameoMn said resolution, 
any provision of the charter of said corporation, or any supplement thereto, 
to the contrary notwithstanding. 

4. And be it enacted, That this act shall be a public act and shall take effect 
iinmediatelv. 

Approved March 27, 1889. 

9. Answer of the Princeton Boards to the Assembly, 1895. 

[Note. — See for the opening paragraphs of the answer, Minutes, 1895, p. 152.] 

These Boards do not understand that the Assembly expects or desires 
absolute uniformity in the charters and administration of the seminaries, 
but that what is desired is: 

1. That the property of the seminaries should be absolutely and irrev- 
ocably secured to the Presbyterian Church and its faith and government. 

2. That the actual workings and teachings of the seminaries should be 
in true accord with the Standards of our Church ; and, 

3. That the Assembly shall possess some distinct and feasible mode of 
enforcing its control in case of any violation of duty by those to whom 
has been committed the immediate administration of these sacred trusts. 

The directors and trustees of the Theological Seminary of the Presby- 
terian Church at Princeton do not antagonize, but, on the contrary, 
cordially acquiesce in, and are in fullest sympathy with, the sentiment of 
the resolutions contained in the report of the General Assembly's 
Committee of Conference with the Theological Seminaries, made to the 
General Assembly at its session in 1894, namely: That the Church 
should control the instruction given in its theological seminaries, and 
that the funds held for the purpose of theological instruction should be 



436 FORM OF GOVERNMENT, CHAP. XII. 

used only for such education in the doctrines set forth in the Standards 
of the Church. 

I. As to Item a, relating to the funds and property : 

The General Assembly, in May, 1811, adopted the " Plan of the 
Theological Seminary of the Presbyterian Church in the United States 
of America, located at Princeton, N. J.," which had been reported to 
it by a Committee appointed by the previous Assembly in 1810. 

In the Introduction to that Plan, it stated : ' ' Influenced by the views 
and considerations now recited, the General Assembly, after mature 
deliberation, have resolved, in reliance on the patronage and blessing of 
the great Head of the Church, to establish a new institution, consecrated 
solely to the education of men for the Gospel ministry, to be denominated 
' The Theological Seminary of the Presbyterian Church in the United 
States of America.' And to the intent that the true design of the founders 
of this institution may be known to the public, both now and in time to 
come, and especially that this design may at all times be distinctly viewed 
and sacredly regarded, both by the teachers and the pupils of the semi- 
nary, it is judged proper to make a summary and explicit statement of it. 

" It is to form men for the Gospel ministry who shall truly believe and 
cordially love, and therefore endeavor to propagate and defend, in its 
genuineness, simplicity and fullness, that system of religious belief and 
practice which is set forth in the Confession of Faith, Catechisms, and 
Plan of Government and Discipline of the Presbyterian Church, and 
thus to perpetuate and extend the influence of true evangelical piety and 
Gospel order. 

" It is to provide for the Church men who shall be able to defend her 
faith against infidels and her doctrines against heretics. 

" It is to preserve the unity of our Church by educating her ministers 
in an enlightened attachment not only to the same doctrines, but to the 
same plan of government." 

After thus founding the seminary and publishing this Plan to the 
public, the General Assembly proceeded to collect funds to endow and 
build the seminary. 

In 1815, with some of these moneys, it purchased the six acres of 
ground upon which the main seminary building was erected; and subse- 
quently the other buildings, or most of them, were built thereon. The 
title was held by individual trustees, for the seminary, as ordered by the 
General Assembly. 

In 1821 it directed a charter to be obtained for the seminary. This 
was procured in 1822 and submitted to the General Assembly in 1823 
and was disapproved by it. An amendment was procured, and in 1824 
the charter and amendment were submitted to and accepted by the 
General Assembly, which at the same session adopted rules as to the 
election by it of the trustees of this corporation. It also directed the 
individual trustees to convey the real estate in Princeton to the corpora- 
tion* which was done. 

This corporation was called " Trustees of the Theological Seminary 
of the Presbyterian Church." It was authorized to receive all real and 
personal estate given to or acquired by it * ' for use of the Theological 
Seminary of the Presbyterian Church in the United States of America, 
located at Princeton, in the State of New Jersey, or any other person 
or persons, to the use of the said seminary, or in trust for the same. ' ' 

The concluding paragraphs of Section i of the charter are: " And 



OF THE GENERAL ASSEMBLY. 437 

further, that the said corporation and their successors may take and 
receive any sum or sums of money, and any portion of goods and chat- 
tels that have been given to and for the use of the Theological Seminary 
at Princeton, or to the directors thereof, or to any other person or per- 
sons, body politic or corporate, in trust or for the use of the said semi- 
nary, or that hereafter shall be given, sold, leased or bequeathed to the 
said corporation by any person or persons, bodies politic or corporate ; 
that is able or capable to make a gift, sale, bequest or other disposal of 
the same ; such money, goods or chattels to be laid out and disposed of 
for the use and benefit of the aforesaid corporation agreeably to the 
intention of the donors, and according to the objects, articles and condi- 
tions of this act." 

Such objects clearly are, and forever must be held to be, the objects 
set forth in the Introduction to the plan of this seminary. They and 
they only are the objects for which the act of incorporation was procured, 
at the instance and desire of the General Assembly ; and with the view 
and for the purpose of effectually and forever securing the funds of the 
seminary for theological instruction according to the Standards of our 
Church. It is for such purpose, under the terms of the charter itself, 
all funds given to this institution, without any specific trust named by 
the donor, must be held. And to such use and application the courts 
would certainly and strictly hold the trustees. 

By the sixth section, the General Assembly was authorized to change, 
at its annual meeting, one-third of the twenty-one trustees of which the 
corporation was to consist, " in such manner as to the said General Assem- 
bly shall seem proper. ' ' And the corporation was empowered to manage 
and dispose of the property " committed to their care and trust by the 
said General Assembly; but in cases where special instructions for the 
management and disposal thereof shall be given by the said General 
Assembly in writing under the hand of their Clerk, it shall be the duty 
of said corporation to act according to such instructions. ' ' 

The ninth section directed that the corporation should ' ' once in a year 
exhibit to the General Assembly of the Presbyterian Church in the 
United States of America, an exact state of the accounts and funds of 
said corporation." 

This history has been given in order to show how singularly careful the 
General Assembly and the men who founded the seminary were, so to 
lay its foundations that then and in all time to come — or, to quote the 
exact words, a now and in time to come" — the "public" and "the 
teachers and the pupils of the seminary" might know that it was 
established solely for the education of men for the Gospel ministry, 
4i who shall truly believe and cordially love, and therefore endeavor to 
propagate and defend, in its genuineness, simplicity and fullness, that 
system of religious belief and practice which is set forth in the Confession 
of Faith, Catechisms, and Plan of Government and Discipline of the 
Presbyterian Church. ' ' 

As these Boards understand this history and the charter of the semi- 
nary, all the property of every kind given to the General Assembly, 
cither directly or to its corporation since 1811, and now held in any 
way for this seminary, is sacredly and absolutely devoted to the educa- 
tion of men for the Gospel ministry, according to the Standards of our Pres- 
byterian Church; and that no property thus held, or that may hereafter 
he given to the seminary, or for it, can be used for any other purpose. 



438 FORM OF GOVERNMENT, CHAP. XII. 

This, also, we are instructed by those learned in the law, is their 
opinion upon the subject. 

These facts now recited are so inseparably interwoven into the history 
of our Church and of this seminary, and are so susceptible of easy 
proof, that it is not necessary, in the opinion of these Boards, to make 
any amendment to the charter of the corporation. Even if the proposed 
amendment was inserted in the charter, it would not make it more effec- 
tive than it now is. 

It is respectfully submitted that the words used in the Plan of this 
seminary and already quoted are fuller, stronger and more explicit for 
the purposes sought to be attained by the Assembly than those used in 
Item a. And, as they are so ineffaceably engraved upon the foundation 
stones of the semiuary, it is believed by these Boards that it is unneces- 
sary and unwise to endeavor to add to them. 

II. As to Item b, relating to the election of trustees, directors or com- 
missioners : 

In so far as this proposed amendment relates to this seminary practi- 
cally the mode suggested is in substantial accordance with the mode of 
election now in force. These Boards are distinctly of opinion, and have 
been for many years, that local Boards of Directors and Trustees are best 
suited to the proper government and control of the educational and fiscal 
affairs of the seminaries. As at present constituted, the General Assem- 
bly can change both Boards in the course of a little over one year. 

III. As to Item c, relating to the election of professors in the semi- 
nary: 

Virtually the amendment proposed is in accordance with the mode of 
procedure now existing, with the exception that in the Plan of the 
seminary the only limit to the qualifications of professors is in Article 
iii, Sec. 2, viz. : " No person shall be inducted into the office of Profes- 
sor of Diviuity but an ordained minister of the Gospel." 

If any amendment is to be made like that contemplated, it would seem 
that c should contain at least a proviso that the directors should have 
the power to provide such instruction as they may deem necessary, till 
the next succeeding meeting of the General Assembly. 

IV. As to Item d, relating to the mode of enforcing the views of the 
Assembly in case of a supposed violation of their duties by the Board 
of Directors or Trustees: 

This seminary is the creation of the General Assembly, and it is right 
that it should have a complete mode of enforcing its control of the 
Boards to whom has been committed the actual management of the 
educational and financial affairs of the seminary. 

Should the case arise, that the General Assembly was of opinion that 
the directors or trustees were not performing their duties aright, it could, 
in a short time, redress the supposed wrong by turning out of office all 
the directors and trustees. This amendment would strip the Assembly 
of this power and limit it to an appeal to an impartial court of justice, 
which would decide as to the alleged violation of duty. 

If the Assembly should still be of opinion that such an amendment 
should be obtained, the Boards will endeavor to secure such action as will 
insure to the General Assembly the right to be represented in the courts, 
and to enforce its proper control over the seminary and its property. 

The foregoing expresses the views of these Boards in regard to the 
proposed amendments. 



OF THE GENERAL ASSEMBLY. 439 

The General Assembly, however, has appointed the Committee of 
Conference, in order to secure the " approval " and " consent " of these 
Boards to these amendments. This necessarily implies their hearty 
" approval" and " consent." The Boards, therefore, feel justified in 
expressing most respectfully their judgment, that, so far as the proposed 
amendments apply to this seminary, they are not necessary, and it is 
better that they should not be made, and for the following reasons: 

First. — As has already been fully shown, all of the property now held 
by the seminary corporation, or that may be hereafter acquired by it in 
any way, is distinctly and ineffaceably dedicated to the education of men 
for the Gospel ministry who shall truly believe and cordially love ' ' in its 
genuineness, simplicity and fullness, that system of religious belief and 
practice which is set forth in the Confession of Faith, Catechisms and 
Plan of Government and Discipline of the Presbyterian Church;" and 
can be used for no other purpose. 

This has already been so fully stated that no more need be added. 

Second. — The proposed amendments as to the election of directors and 
trustees and professors are substantially what now exist, and have been 
successfully in operation during the last twenty-five years. 

Third. — As to the control of the General Assembly over both Boards, 
the proposed amendments lessen rather than increase the power of the 
Assembly. 

Under the Plan of the seminary as now existing, the Assembly can r 
by a unanimous vote at any of its sessions, change the plan, and abolish 
the whole Board of Directors, and commit the educational control of 
the seminary to others; and if no unanimous vote can then be procured, 
at its next session it can accomplish this result. This is a more speedy 
and efficient remedy than any court of justice can supply. 

Fourth. — As to the control over the trustees, the Assembly now has 
the power, in the opinion of learned counsel, to give them special 
instructions for the management and disposal of the property of the 
seminary, which they are bound to obey, if not repugnant to law or to 
the provisions of any specific trust. 

In addition, it can, at any of its sessions, turn out one-third of the 
number, and put in an equal number of its own selection, which might 
give the Assembly at once a majority of the trustees. And if it did 
not, then at the next annual meeting of the Assembly it could turn out 
another third and appoint others in their places, and thus secure an 
undoubted majority in but little over a year. This is a more speedy 
and effective remedy than any which any court of justice could supply. 

Fifth. — Should the directors and trustees still refuse to obey the Assem- 
bly, and to give place to the directors or trustees thus elected by the 
Assembly, we believe that a court of justice would furnish the General 
Assembly a proper remedy. 

Lastly. — During nearly eighty-four years the General Assembly has 
been in complete harmony with the Board of Directors. During nearly 
seventy-one years precisely the same relations have existed between the 
General Assembly and the Board of Trustees. There has been no jar 
with either Board. During these eighty and more years, the Board of 
Directors and the Board of Trustees, under the wise supervision of the 
General Assembly, have so managed the educational and financial affairs 
of the seminary that it has wonderfully prospered; and a great army of 
ministers of the Gospel have been educated and sent forth, all of whom, 



440 FORM OF GOVERNMENT, CHAP. XII. 

with but few exceptions, have cordially loved and sincerely believed 
" the system of religious belief and practice which is set forth in the 
Confession of Faith, Catechisms, and Plan of Government and Disci- 
pline of the Presbyterian Church." 

In all of these years the professors and teachers in this seminary have 
taught and maintained, faithfully and unswervingly, the same beloved 
Standards of the Presbyterian Church. 

And at no time in all its history has the fidelity of the seminary, its 
professors, teachers, directors and trustees, to the entire Standards of 
the Church been more clear, absolute and pronounced than at this very 
time. And never before has its list of pupils been so great as at the 
present session. 

Is it not the wisest thing to do to let the Plan and the charter— both 
venerable in years— stand untouched ? They have been tried and have 
not been found wanting. 

For the reasons herein above fully set forth, the trustees and directors 
of Princeton Theological Seminary very earnestly express the hope and 
desire that the Committee of Conference, in making their report to the 
General Assembly, will concur with them in the belief that as to the 
charter of this seminary no further legislation is needed or desirable to 
secure the purposes declared in the Committee's report, adopted by the 
General Assembly, or to secure the application of the funds and prop- 
erty now held in furtherance of the theological education contemplated 
by the original founders of the seminary. — 1895, pp. 153-157. 

10. Action of the Assembly, 1895. 

The Committee recommends the Assembly to reply to Princeton's offer, 
that while respecting the judgment of the Boards, and not prepared to 
say that it is incorrect, the Assembly is of the opinion that in order to 
put the matter beyond all possible question, it would be well for the 
Boards to do what they express their willingness to do, viz. , to endeavor 
to secure such action as will insure to the General Assembly the right to 
be represented in the courts, and to enforce its proper control over the 
seminary and its property. — 1895, p. 32. 

11. Answer of the Princeton Boards, 1896. 

Resolved, That the two legislative bills prepared by the Joint Com- 
mittees of the Directors and Trustees, touching the power of the General 
Assembly to appear and sue in the courts of New Jersey, and to enforce 
the civil rights of the Church, be approved and be transmitted to the 
General Assembly's Committee of Conference for consideration. — 1896, 
p. 187. 

12. Action of the Assembly, 1896. 

The Committee have considered the two bills sent to the Assembly by 
Princeton Seminary in order that the Assembly might decide which of 
the two bills submitted it prefers. Of these two bills the Committee 
recommend the Assembly to prefer the one of three sections. — 1896, p. 
122. 

13. Request of the Princeton Boards, 1897. 

Resolved, That the Boards of the seminary very respectfully express 
the hope that the General Assembly will concur in the view entertained 
by the Boards that all that is necessary to secure the control desired by 
the Assembly over the seminary will be fully attained by the shorter of 



OF THE GENERAL ASSEMBLY. 441 

the two bills already submitted to the Assembly by the Boards. — 1897, 
p. 169. 

14. Action of the Assembly, 1897. 

Princeton Seminary again asks the Assembly to designate which of the 
two legislative bills submitted to the last General Assembly should be 
adopted. This Assembly refers the directors to the decision of the 
Assembly of 1896, recorded ou p. 122 of the Minutes, declaring prefer- 
ence for the short bill of three sections as printed in the Appendix of 
the Minutes of the last Assembly on p. 187, which decision we recom- 
mend this Assembly to reaffirm. — 1897, p. 105. 

II. THE THEOLOGICAL SEMINARY AT AUBURN. 

[Note, — The Seminary at Auburn was founded in the year 1819, for the purpose of 
training up a ministry in what was then known as " The Western Country." — 1871, 
p. 579. Its charter is given here. There is no other printed Plan. The Seminary is 
under the control of a Board of Trustees and a Board of Commissioners. The latter 
is composed of three members from each Presbytery of the Synods of Albany, Utica, 
Geneva and Western New York.— 1873, p. 528. The Presbyteries are eighteen in 
number, and now included in the Synod of New York.] 

1. The Charter. 

An act to incorporate the Presbyterian Theological Seminary, established by 
the Synod of Geneva, at Auburn, in the County of Cayuga. Passed 
April 14, 1820. 

Whereas, It has been represented to this Legislature, by the Committee ap- 
pointed by and on behalf of the said Synod, that they have established a Theo- 
logical Seminary at Auburn, in the County of Cayuga, for the purpose of com- 
pleting the education of pious } r oung men for the Gospel ministry, and have 
obtained funds to a considerable amount ; and that an act of incorporation 
would better enable them to obtain and manage the necessary funds for the 
accomplishment of their benevolent object. Therefore : 

Be it enacted by the people of the State of New York, represented in Senate 
and Assembly, That John Lincklaen, Glen Cuyler, Henry Davis, David Hyde, 
Thaddeus Edwards, Henry M'Neil, Levi Parsons, Benjamin B. Stockton, Dirck 
C. Lansing, William Wisner, Henry Axtel, Ebenezer Fitch, David Higgins, 
Seth Smith and William Brown and their successors, to be appointed as herein- 
afteris provided, shall be and hereby are constituted a body corporate and politic 
in fact and in name, by the name of "The Trustees of the Theological Semi- 
nary of Auburn, in the State of New York," and by that shall have succes- 
sion and be in law capable of suing and being sued, defending and being de- 
fended, in all courts and places, and in all manner of action, suits and causes 
whatsoever, and may have a common seal, and change the same at pleasure ; 
and by that name and style be capable in law of taking, purchasing, holding 
and conveying, both in law and equity, any estate, real or personal ; Pro- 
vided nevertheless, That the clear annual value or income of their real estate 
shall not exceed three thousand dollars, and that of their personal estate seven 
thousand dollars. 

And be it further enacted, That there shall forever hereafter be fifteen 
Trustees of the said corporation, who shall be divided into three classes, to be 
numbered one, tw T o and three. The places of the first class shall become 
vacant on the first Wednesday of September, in the year eighteen hundred 
and twenty-one ; the places of the second class in one year thereafter, and the 
places of the third class in one year from that time ; and the vacancies in the 
said several classes occasioned by the expiration of the time of service as 
aforesaid, or by resignation, death or otherwise, shall be from time to time filled 
up in the manner hereinafter mentioned and provided. 

And be it further enacted, That the said trustees and their successors shall 
have the immediate care of the said seminary and the management of the 
estate, both real and personal, of the said institution, and shall have power to 
sell and otherwise dispose of the same, for the purpose of benefiting the funds 
of the said institution, and of applying the avails of those funds from time to 
time to the purposes of the said institution, in such way and manner only, and 
in such sums as shall be appointed and directed hj the Board of Commission- 
ers hereinafter mentioned, and shall have power to make necessary by-laws 



442 FORM OF GOVERNMENT, CHAP. XII. 

and ordinances for the management of the said seminary ; Provided, That the 
same be not inconsistent with the laws or Constitution of this State or of the 
United States. And further, it shall be the duty of the said trustees to keep a 
record and make an annual report to the said Board of Commissioners, of their 
doings, of the state of their funds and of the names of those whose term of ser- 
vice is about to expire, and of such other matters as they shall think proper, 
and also to report the state of their funds to the Legislature as often as they shall 
be thereunto required. Provided, however, That no student of any Christian 
denomination shall be excluded from a participation in the privileges of this 
institution on the ground of his religious persuasion. 

And be it further enacted, That the aforesaid John Lincklaen, Glen Cuyler, 
Henry Davis, David Hyde, Thadcleus Edwards, Henry M'Neil, Levi Parsons, 
Benjamin B. Stockton, Dirck C. Lansing, William Wisner, Henry Axtel, 
Ebenezer Fitch, David Higgins, Seth Smith and William Brown be the first 
trustees of the said corporation, and that they shall hold their first meeting at 
Lynch's Inn, in the village of Auburn, on the second Wednesday of July 
next, when they shall proceed to divide themselves by lot into three classes, 
as aforesaid ; and 

Whereas, The said Committee, on behalf of the said Synod, have further 
represented that there are other Presbyteries within the State of New York, 
not connected with the said Synod, who are disposed to associate with them 
for the purpose of aiding in the accomplishment of the aforesaid benevolent 
object; therefore, 

Be it further enacted, That a representation, annually to be chosen, of two 
clergymen and one layman from each of the following Presbyteries (and 
such other Presbyteries as shall hereafter associate with the said Synod for the 
purpose aforesaid), to wit : The Presbyteries of Niagara, Genesee, Rochester, 
Bath, Ontario, Geneva, Cayuga, Onondaga, Oneida and St. Lawrence, shall 
compose a Board of Commissioners, who shall have the general superintend- 
ence, management and control of the aforesaid institution ; and who shall 
have authority to fill the places of the aforesaid trustees as they shall become 
vacant ; to appoint the tutors, professors and other officers of the said institu- 
tion ; to fix and determine the salary and other compensation of the said offi- 
cers ; to authorize and direct all such appropriations of their funds as they 
shall think proper ; to make by-laws and regulations for themselves ; to choose 
their own president and other officers and to determine what number of their 
Board shall form a quorum for doing business. 

And be it further enacted, That the first meeting of the said Board of Com- 
missioners shall be holden at Lynch's Inn, in the village of Auburn, on the 
second Wednesday of July next, at two o'clock in the afternoon, and that the 
said Board of Commissioners shall meet afterwards on their own adjourn- 
ment. 

And be it further enacted, That in case the funds of the aforesaid institution 
shall at any time hereafter be applied to any purpose other than what is 
hereby expressed or intended, then and in that case all the privileges and 
powers hereby granted shall cease and be utterly void. 

And be it further enacted, That this act shall be and hereby is declared to 
be a public act, and that the same shall be construed benignly and favorably 
for every beneficial purpose hereby intended ; nor shall any non-user of the 
privileges hereby granted to the said corporation create or produce any for- 
feiture of the same ; and no misnomer of the said corporation in any deed, 
will, testament, gift, grant, demise or other instrument, contract or convey^ 
ance, shall defeat or vitiate the same. Provided, The said corporation shall 
be sufficiently described to ascertain the intention of the parties. 

And be it further enacted, That the Legislature may at any time hereafter 
amend, modify, or repeal this act. 

Amendment. 

An act to amend the act entitled, "An act to incorporate the Presbyterian 
Theological Seminary, established by the Synod of Geneva, at Auburn, in 
the County of Cayuga," passed April fourteenth, eighteen hundred and 
twenty. Passed March thirteenth, eighteen hundred and fifty-seven. 

The people of the State of New York, represented in Senate and Assembly, 
do enact as follows : 
Section 1. Section five of said act is amended so as to read as follows : 



OF THE GENERAL ASSEMBLY. 443 

Sec. 5. A representation of two clergymen and one layman from each of the 
Presbyteries comprised in the bounds of the Synods of Geneva, Genesee, Utica 
and Susquehanna, and such other Presbyteries as shall hereafter associate with 
said Synods, for the purposes aforesaid, shall compose a Board of Commission- 
ers, who shall have the general superintendence, management and control of 
the aforesaid institution, and who shall have authority to fill the places of the 
aforesaid trustees as they shall become vacant ; to appoint tutors, professors 
and other officers of the said institution ; to fix and determine, with the con- 
currence of the Board of Trustees, the salaries and other compensation of said 
officers, and with the like concurrence, make all other necessary appropria- 
tions of their funds ; to make by-laws and regulations for themselves ; to 
choose their own president and other officers of their Board, and to determine 
what number of their Board shall form a quorum for doing business ; the said 
commissioners first chosen by each Presbytery, after this act shall take effect, 
shall be divided into three classes at the next annual meeting, and shall be 
numbered one, two and three ; the first class shall hold their offices for one 
year, the second class for two years, and the third class for three years from 
the time of their respective elections ; and those to be thereafter chosen to fill 
the vacancies shall hold their offices for three years. Should vacancies occur 
by removal, resignation or death, the same may be filled by the Presbyteries in 
which they occur. 

Sec. 2. Real and personal property may be granted and conveyed, devised 
and bequeathed to the said institution, to beheld in trust for the uses and pur- 
poses contemplated by the Act hereby amended, provided that the clear an- 
nual income of their real estate shall not exceed twenty thousand dollars, and 
that of their personal estate forty thousand dollars. 

Sec. 3. This act shall take effect immediately, and the Legislature may at 
any time alter, amend or repeal the same. 

State of New York, 1 
Secretary's Office, f 

I have compared the preceding with the original law on file in this office, 
and do hereby certify the same to be a correct transcript therefrom and of the 
whole of said original law. 

Given under my hand and seal of office, at the city of 
Albany, the twenty-ninth day of May, in the year one 
thousand eight hundred and fifty-seven. 

A. N. Wakefield, 
Deputy Secretary of State, pro tern. 

2. Action of the trustees- and commissioners of Auburn Theological 

Seminary, 1871. 

At the annual meeting of the trustees and commissioners of the theo- 
logical seminary at Auburn, May 11, 1871, it was 

Resolved, That the Boards of commissioners and trustees of the Auburn 
Theological Seminary are anxious to comply with the proposal of the last 
General Assembly to submit the election of professors in this institution 
to the concurrence of that body, and that a joint Committee be appointed 
to consider whether the proposal of the General Assembly can be com- 
plied with without a change of the charter of this seminary ; and if in 
the judgment of this Committee such a change in the charter is neces- 
sary, the Prudential Committee is hereby authorized to apply to the 
coming Legislature in the name of these two Boards to make it. 

They further intimate that one of the embarrassments in their action 
was that no time was fixed for the action of the General Assembly in the 
exercise of their proposed veto power. — 1871, p. 579. 

3. The Assembly to approve professors. 
The commissioners and trustees, at their annual meeting in May, 1873, 
took final action, declaring, ''That, hereafter, the appointments of pro- 
fessors in this seminary be primarily made conditional upon the approval 



444 FORM OF GOVERNMENT, CHAP. XII. 

of the General Assembly of the Presbyterian Church in* the United 
States, and that such appointments be complete and authoritative only upon 
securing such approval;" and the Assembly of 1873 recognized this 
action. — See Minutes, p. 529 ; 1874, p. 104. 

4. Answer of the Auburn Boards, 1895. 

The Board of Commissioners of the Theological Seminary of Auburn, 
in the State of New York, being met in their annual session on this 9th 
day of May, 1895, express their gratification that several members of 
the General Assembly's Committee of Conference with the Theological 
Seminaries have accepted the invitation to meet and confer with them 
at this time. The commissioners have listened with interest and pleasure 
to the explanations given by these gentlemen of the various changes in 
the charters and methods of control of the theological seminaries 
recommended by the Assembly of 1894 ; and express the sincere trust 
that this cordial conference, with its frank interchange of opinion, has 
resulted in a better mutual understanding of both the views and purposes 
of the Assembly, and of the peculiar and advantageous position occupied 
by this seminary. 

The Board desires to remind the Committee of Conference, and 
through them the General Assembly, that the Theological Seminary of 
Auburn is, by its charter, under the direct and efficient control of eigh- 
teen adjacent Presbyteries within the State of New York. With these 
Presbyteries rests the absolute and exclusive right to elect from their 
own number the members of this Board of Commissioners, by whom in 
turn the trustees and professors of the seminary are selected. 

This constitutes a method of direct ecclesiastical control by which this 
seminary was already, within the meaning of Article ix, of the concur- 
rent declarations of 1868 of the Reunion compact, under Synodical 
supervision; and which, we believe, must afford a more effective safe- 
guard against any possible perversion of funds or franchises than restraint 
by the General Assembly could possibly secure. This method has also 
approved and commended itself by its successful and harmonious opera- 
tion for three-quarters of a century. 

In view of these facts, whereby the charter and government of 
Auburn Theological Seminary seem already to secure all these substantial 
ends desired by the General Assembly, and in view also of the difficul- 
ties and dangers unavoidably attendant upon any attempt to modify a 
venerable charter, this Board is constrained to reaffirm its judgment, as 
expressed in November last, that it is inexpedient to take any action 
which may have in view any changes in the charter, relations or methods 
of control of this seminary. 

I am directed by the trustees of Auburn Theological Seminary to 
transmit the following resolution, which was unanimously adopted at 
our annual meeting, May 9 : 

Resolved, That it is the sense of this Board that it is not expedient to 
consent to any change in the custody and care of the funds of this insti- 
tution, or in the mode of the election of members of this Board. — 1895, 
pp. 158, 159. 

5. Action of the Assembly, 1895. 

[Note.— See No. 11, p. 419, this Digest.] 



OF THE GENERAL ASSEMBLY. 445 

6. Answer of the Auburn Boards, 1896. 

In view of your instructions that ' ' effort should be continued to secure 
the adoption, in substance, of the Assembly's plan by all the seminaries," 
and that you " shall fully consider No. 9 of the Concurrent Declara- 
tions of the Reunion Compact, ' ' we make the following historical state- 
ment: 

After the opening of Princeton Theological Seminary in 1812 the 
Presbyteries of Central aud Western New York gave to that seminary 
their loyal support, sending both students and money. A great need 
was felt, however, of a theological school in this portion of the Church. 
This need became manifest after the founding of the Western Education 
Society in 1817 to aid students for the ministry. Accordingly, in 1818, 
a resolution was adopted by the Presbytery of Cayuga, favoring the 
establishment of a theological seminary within the bounds of the Synod 
of Geneva. An overture to the Synod brought the matter before that 
body in February, 1818. After long deliberation the Synod voted to 
take steps preparatory to the establishment of a seminary. A Committee 
was appointed to secure the approval of the General Assembly. The 
General Assembly, sitting in Philadelphia in May, 1818, replied that 
' ' they were not prepared to give any opinion or advice on the overture, 
believing that the said Synod are the best judges of what may be their 
duty in this important business. ' ' 

At its next meeting the Synod voted to establish a theological semi- 
nary. Auburn was chosen as the site. A charter was prepared, and, 
after approval by the Synod, was passed by the Legislature of New York 
State on the 14th of April, 1820. Under the provisions of that charter 
the governing Boards of the seminary were organized, endowments 
secured, buildings erected, professors appointed, and at length, in 
October, 1821, students were received and the work of teaching was 
begun. In 1857 the charter was amended in a few particulars, but in 
no wise changed as to its fundamental principles. 

The charter of Auburn creates no self-perpetuating Board of Control. 
Auburn Seminary has no autonomy. Its founders were intent on 
making it organically a part of the Presbyterian Church. Their plan, 
set in order by the Synod and with full permission of the General Assem- 
bly, was yet wholly Presbyterial. The charter provides that the govern- 
ment of the seminary shall be vested in a board of fifty-four commis- 
sioners (chosen three each from eighteen Presbyteries), " who shall 
have the general superintendence, management and control of the 
aforesaid institution, and who shall have authority to fill the places of 
the aforesaid trustees, as they shall become vacant ; to appoint tutors, 
professors and other officers of the said institution; to fix and determine, 
with the concurrence of the Board of Trustees, the salaries and other 
compensation of said officers, and, with the like concurrence, make all 
other necessary appropriations of their funds; to make by-laws and 
regulations for themselves; to choose their OAvn president and other 
officers of their Board, and to determine what number of their Board 
shall form a quorum for doing business. ' ' A Board of fifteen Trustees is 
elected (five each year) by the Board of Commissioners, to act as the 
body corporate and to manage the estate of the seminary. 

The supreme control of the seminary is thus entirely in the hands of 
the Board of Commissioners. This Board is composed of two ministers 



446 FORM OF GOVERNMENT, CHAP. XII. 

and one layman from each of the eighteen Presbyteries. As elders are 
the only laymen having seats in the Presbyteries, it has followed that the 
Board of Commissioners is composed of thirty-six ministers and eighteen 
elders, who have all, in their ordination as ministers and elders, solemnly 
declared their adherence to the doctrines and constitution of the Presby- 
terian Church in the United States of America. Moreover, the power 
of their election rests back on the eighteen Presbyteries, which are com- 
posed of 636 ministers and their associated elders, representing 96,546 
members of the Presbyterian Church. May not that number of Pres- 
byterians in good standing, being more than one-tenth of the total 
communicants of the Church, be trusted to manage aright the affairs of 
a theological seminary ? 

It is readily seen from the above account that the charter of 
Auburn Seminary is a simple device whereby the Presbyterian Church 
itself holds the funds and controls the teaching of the seminary. 
It provides, not simply for a correction of abuses if such should 
arise (which is the principal virtue of the Assembly's plan you 
were appointed to further), but for a direct and constant exercise of 
supreme authority through regularly constituted Presbyteries over all the 
affairs of the seminary. It makes Auburn Seminary as much a part of 
the Presbyterian Church as a branch is a part of the vine whose life it 
shares. 

Under this charter the government of Auburn Seminary has been 
administered for seventy-six years, during which the history of our 
Church has been eventful and varied. The seminary has, of course, 
shared the fate of its governing Presbyteries. When they were 
exscinded, it was exscinded; when they joined in the Reunion, the 
seminary came in along with them, and was acknowledged as a trustwor- 
thy Presbyterian institution. Concurrent Declaration No. 9 of the 
Reunion Compact covers Auburn's case. It is as follows: 

" In order to a uniform system of ecclesiastical supervision, those 
theological seminaries that are now under Assembly control may, if their 
Boards of Direction so elect, be transferred to the watch and care of 
one or more of the adjacent Synods; and the other seminaries are 
advised to introduce as far as may be, into their Constitutions, the 
principle of Synodical or Assembly supervision; in which case they shall 
be entitled to an official recognition and approbation on the part of the 
General Assembly." 

We regard this as the seal of the Church's approval upon the govern- 
ment of our seminary. 

To press upon Auburn the Assembly's plan is plainly contrary to the 
provisions of this Declaration, for according to the Assembly's plan the 
final control of the funds and teaching of every seminary which adopts 
it will be vested in the General Assembly, which, as far as any such 
seminary is concerned, is made a legal entity with power to sue and 
enforce its rights. This we regard as subversive of the Auburn princi- 
ple of government by Presbyteries. 

The efficiency of Auburn's government has been proven by three- 
quarters of a century of successful operation. It has besides served to 
bind the seminary very closely to the churches of Northern and Western 
New York, arousing their interest in the seminary's work, calling out 
their prayers in its behalf and encouraging a generous financial support. 
In times of theological differences, Auburn Seminary has been in some 



OF THE GENERAL ASSEMBLY. 447 

measure relieved of annoyance. No one is authorized to define its posi- 
tion. It has no position of its own, save as it is identified with the Pres- 
byteries which absolutely control its policy. 

Never has the government of Auburn ever proved itself more flexible 
and efficient than in this present time when the work of the seminary is 
greatly expanding. In view of all these considerations we most warmly 
and enthusiastically hold to our present charter, as attaining, more fully 
than does the Assembly's plan, the worthy object for which your Com- 
mittee was originally appointed, and which was reaffirmed in your 
instructions by the Assembly of 1895, viz. : " That the Assembly is 
persuaded that the Church should have direct connection with and control 
over its theological seminaries." 

In conclusion, we, the Board of Commissioners, express our firm 
conviction that Auburn Seminary ought to be continued under its present 
form of government, which was devised and instituted with the full 
knowledge and permission of the General Assembly, which, being Pres- 
byterial, has accorded well with the spirit and methods of the Presby- 
terian Church through seventy-six years of successful administration, 
and which is distinctly recognized and commended in Concurrent Decla- 
ration No. 9 of the Reunion Compact referred to in your instructions. — 
1896, pp. 189, 190. 

7. Action of the Assembly, 1896. 

The Committee of Conference with the Theological Seminaries also 
reported in reference to the scope and effect of Concurrent Resolution No. 
9, of the Assemblies of 1869, including an answer to a communication 
from Auburn Seminary. The report was adopted and is as follows : 

The General Assembly of 1895 instructed its Committee on Theological 
Seminaries by the following resolution: 

" That this Committee be instructed that in the prosecution of its 
work, and in its report to the next General Assembly, it shall fully con- 
sider No. 9 of the Concurrent Declarations of the Reunion Compact in 
relation to those seminaries now under Synodical and Presbyterial 
control. ' ' 

No. 9 of the Concurrent Declarations here referred to was adopted by 
the General Assembly of 1869, and is in the following words: 

" In order to a uniform system of ecclesiastical supervision, those theo- 
logical seminaries that are now under Assembly control may, if their 
Boards of Directors so elect, be transferred to the watch and care of one 
or more of the adjacent Synods ; and the other seminaries are advised to 
introduce, as far as may be, into their constitutions, the principle of 
Synodical or Assembly supervision ; in which case they shall be entitled 
to an official recognition and approbation on the part of the General 
Assembly." 

Declaration No. 9 sets forth (1) a principle, viz., a uniform system 
of ecclesiastical supervision of the seminaries, (2) methods of securing 
such supervision by Synod or Assembly, and (3) the offer of official 
recognition and approbation on the part of the General Assembly. 

It was found that while all of the seminaries approved of the principle 
of uniform supervision, most of them disapproved of the method of 
direct Assembly control by which the Assembly elected the professors, 
and no seminary approved of Synodical supervision. The next year 
Union Seminary suggested a method which has since been known as the 



448 FORM OF GOVERNMENT, CHAP. XII. 

Compact of 1870. This is the method of giving the Assembly the veto 
power, and was acceptable to all of the seminaries. All went well until 
it was found that the Assembly could not make its veto power ' effective. 

Then the Assembly was compelled in righteousness and self-defense to 
say to all of the seminaries that it was necessary to put the Compact of 
1870 into legal form, so that, in the event of any seminary refusing to 
be bound by the veto of the Assembly, such veto could be enforced. 

The answer of Auburn Seminary made to this Assembly seems to your 
Committee to be in error in two points: (1) In supposing that the intent 
or effect of the Assembly's recommendations is to vest in the Assembly 
the final control of the funds of our seminaries. This is replied to in the 
main report of this Committee. (2) In affirming that the " Presbyterial 
relation of Auburn Seminary is distinctly recognized and commended in 
Concurrent Declaration No. 9. ' ' That declaration sets forth Synodical 
or Assembly supervision and not Presbyterial. Auburn Seminary never 
amended its charter so as to come under the supervision of any Synod. 
The Presbyteries which elected the Commissioners of Auburn Seminary 
constituted the Synod of Geneva, but the Synod, as such, never had any 
relation to, much less supervision of, Auburn Seminary. The Assembly 
heartily recognizes the fact that the history of Auburn Seminary puts it 
into a different situation from that of some of the other seminaries. It is 
in the control of eighteen Presbyteries, but the only relation existing 
between the Assembly and the seminary is a resolution of its Board 
giving the right of approval to the election of its professors. The Assem- 
bly has found that a simple resolution of a seminary Board may become 
invalid by subsequent action of that Board and thus be of no effect. 
While there is not now and never has been any difference of judgment 
between the Assembly and the Auburn Board, yet the Assembly desires 
to know if there should arise a difference of judgment which judgment 
should prevail ? We believe that those who at present have charge of 
Auburn Seminary would reply that the judgment of the Assembly should 
prevail. As the General Assembly has no assurance that a subsequent 
Board would not feel at liberty to disregard the Assembly's judgment, 
the Assembly asks Auburn Seminary that the agreement which now 
exists under the form of a simple resolution be made legally effective and 
binding.— 1896, pp. 124, 125. 

8. Answer of the Auburn Boards, 1897. 

Resolved, That the following reply be sent to the General Assembly of 
1897, in view of the instructions voted by the General Assembly of 
1896, to the Boards of Control of Theological Seminaries: 

Having duly considered the recommendations of the last General 
Assembly, regarding the safeguarding of the funds and teaching in 
the several theological seminaries, we, the Board of Commissioners of 
Auburn Theological Seminary, are happy to announce that another suc- 
cessful year of seminary administration has confirmed us in the truth of 
our statement made to the Assembly of 1896: 

' ' The control of Auburn Seminary, at first exercised by the Synod of 
Geneva, through its ten Presbyteries, and later by the Synods of Geneva, 
Genesee, Utica and Susquehanna, through their eighteen Presbyteries, 
and now through those same eighteen Presbyteries, forming a part of the 
great Synod of New York, and which we believe is referred to in 
resolution No. 9 of the Reunion Compact, is so sure, so flexible, so 



OF THE GENERAL ASSEMBLY. 449 

thoroughly Presbyterian, and has been administered with so remarkable 
success during seventy-six years, that we can devise no changes, which, 
in our judgment, will enable the Church to have a more effective control 
of our seminary." 

We, therefore, with great pleasure, assure you of our fulfillment of 
the instruction of the General Assembly of 1896 to the Boards of con- 
trol of the various seminaries, viz.: " That they may see their way clear 
to come to such a conclusion, that all the funds and property in their 
hands, and the teaching in said seminaries, may be so completely safe- 
guarded to the Church, that benevolent persons contemplating making 
gifts or bequests to these institutions may have the fullest confidence in 
the future security of said gifts or bequests. ' ' 

Adopted May 6, 1897. 

A true copy of the original on file. 

[1897, p. 107.] Frederick W. Palmer, Stated Clerk 

9. Action of the Assembly, 1897. 

[Note.— See No. 13, p. 421, this Digest.] 

III. WESTERN THEOLOGICAL SEMINARY AT ALLEGHENY, PA. 

[Note.— For the history of its founding, etc., see Baird's Digest, 1858, pp. 444-447, 
and Moore's Digest, 1886, pp. 387-389 ; also pp. 393-395.] 

1. The Plan of the Western Seminary. 
Article I. Of the General Assembly. 

1. As this institution derives its origin from the General Assembly, 
that body is to be considered its patron and the fountain of its powers. 

2. The Board of Directors shall have the immediate control of the 
seminary. 

3. The General Assembly shall, at all times, have the power of adding 
to the Constitutional articles of the seminary, and of abrogating, alter- 
ing or amending them ; but, in the exercise of this power, the contem- 
plated additions, abrogations, alterations or amendments, shall, in every 
case, be proposed at one Assembly, and not adopted till the Assembly 
of the subsequent year, except by unanimous vote. 

Article II. Of the Board of Directors. 

1 . The Board of Directors shall consist of forty members, twenty-eight 
ministers and twelve ruling elders ; one -fourth to be chosen annually, and 
shall have power to fill any vacancies which may hereafter occur in 
the body, subject always, however, to the veto of the General Assembly, 
the election to be (by ballot) at the regular spring meeting. 

2. The Board of Directors shall have power to elect the professors, 
and to remove them from office, such election and removal to be subject 
to the veto of the General Assembly. The said Board shall also have 
power to suspend temporarily a professor preliminary to and pending an 
investigation of charges against his life or doctrine. 

3. The Board of Directors shall meet statedly twice in each year, once 
in the spring and once in the fall, and oftener on their own adjourn- 
ments, if they shall judge it expedient. Eleven members of the Board 
shall be a quorum; Provided, always, That of this number, five, at 
least, be ministers of the Gospel. 

4. The Board shall choose out of their own number, a president, vice- 



450 FORM OF GOVERNMENT, CHAP. XII. 

president and secretary. In the absence of the president and vice-presi- 
dent, the senior member present shall preside. 

5. The president of the Board, or in the event of his death, absence, 
or inability to act, the vice-president shall, at the request of any three 
members, expressed to him in writing, call a special meeting of the 
Board of Directors by a circular letter addressed to each ; in which letter 
notice shall be given, not only of the place and time of meeting, but of 
the business intended to be transacted at the meeting notified ; and this 
letter shall be sent at least ten days before the time of said meeting. 

6. The secretary of the Board shall keep accurate records of all the 
proceedings of the directors; and it shall be his duty to lay these 
records, or a faithful transcript of the same, before the General Assem- 
bly, when required, for the unrestrained inspection of all the members. 

7. The Board shall direct the professors of the seminary, in regard to 
the subjects and topics on which they are severally to give instructions 
to the pupils, so far as the same shall not be prescribed by this plan. 

8. It shall be the duty of the Board of Directors to inaugurate the 
professors of the seminary, and to direct what forms shall be used, and 
what services performed, on such occasions. 

9. Every director, previously to his taking his seat as a member of 
the Board, shall solemnly subscribe the following formula, viz.: "Ap- 
proving the plan of the Western Theological Seminary of the Presby- 
terian Church in the United States of America, I solemnly declare and 
promise, in the presence of God and of this Board, that I will faithfully 
endeavor to carry into effect all the articles and provisions of said plan, 
and to promote the great design of the seminary." 

10. The Board of Directors shall inspect the fidelity of the professors, 
especially in regard to the doctrines actually taught; and if, after due 
inquiry and examination, they shall judge that any professor is either 
unsound in the faith, opposed to the fundamental principles of Presby- 
terian Church government, immoral in his conduct, unfaithful to his trust, 
or incompetent to the discharge of his duties, they shall forthwith 
remove him, and appoint another in his place. 

11. It shall be the duty of the Board of Directors to watch over the 
conduct of the students; to redress grievances; to examine into the whole 
course of instruction and study in the seminary, and generally to super- 
intend and endeavor to promote all its interests. 

Article III. Of the Professors. 

1. The number of the professors in the seminary shall be increased or 
diminished as the Board of Directors shall, from time to time, direct. 

2. No person shall be inducted into the office of professor of divinity 
but an ordained minister of the Gospel. 

3. Every person elected to a professorship in the seminary shall, upon 
being inaugurated, solemnly subscribe the Confession of Faith, Cate- 
chisms and Form of Government of the Presbyterian Church, agreeably 
to the following formula, viz.: " In the presence of God and of the 
directors of this seminary, I do solemnly and ex animo adopt, receive 
and subscribe the Confession of Faith and Catechisms of the Presby- 
terian Church in the United States of America, as the confession of 
my faith, or as a summary and just exhibition of that system of doctrine 
and religious belief which is contained in Holy Scripture, and therein 
revealed by God to man for his salvation ; and I do solemnly ex animo 



OF THE GENERAL ASSEMBLY. 451 

profess to receive the Form of Government of said Church, as agreeable 
to the inspired oracles. And I do solemnly promise and engage, not to 
inculcate, teach or insinuate anything which shall appear to me to con- 
tradict or contravene, either directly or impliedly, anything taught in the 
said Confession of Faith or Catechisms: nor to oppose any of the 
fundamental principles of Presbyterian Church government while I shall 
continue a professor in this seminary. 

4. The salaries of the professors shall be fixed by the Board of Directors. 

5. Each professor shall lay before the Board of Directors, as soon as 
practicable after his appointment, a detailed exhibition of the system 
and method which he proposes to pursue, and the subjects which he 
proposes to discuss in conducting the studies of the youth that shall 
come under his care; and in this system he shall make such alterations 
or additions as the Board shall direct, so that eventually the whole course 
through which the pupils shall be carried, shall be no other than that 
which the Board of Directors shall have approved and sanctioned con- 
formably to Art. II, Sec. 7. And as often as any professor shall think 
that variations and additions of importance may be advantageously 
introduced into his course of teaching, he shall submit the same to the 
Board of Directors for approbation or rejection. 

6. Any professor intending to resign his office, shall give six months' 
notice of such intention to the Board of Directors. 

7. The professors of the institution shall be considered as a faculty. 
They shall meet at such seasons as they may judge proper. In every 
meeting the senior professor present shall preside. The faculty shall 
choose a clerk, and keep accurate records of all their proceedings, which 
records shall be laid before the directors at every meeting of the Board. 
The president of the faculty. ?'. e., the senior professor, shall call a meet- 
ing whenever he shall judge it expedient, and whenever requested by any 
other member. By the faculty, regularly convened, shall be determined 
the hours and seasons at which the classes shall attend the professors 
severally, so as to prevent interference and confusion, and to afford to 
the pupils the best opportunities of improvement. The faculty shall 
attend to and decide on all cases of discipline, and all questions of order, 
as they shall arise. They shall agree on the rules of order, decorum and 
duty (not inconsistent with any provision in the plan of the seminary, 
nor with any order of the Board of Directors), to which the students 
shall be subjected, and these they shall reduce to writing, and cause to 
be publicly and frequently read. They shall determine the hours at 
which the whole of the pupils shall, morning and evening, attend for 
social worship ; and the manner in which, and the person or persons of 
their own number by whom, the exercises of devotion shall be con- 
ducted. 

B . The faculty is empowered to dismiss from the seminary any student 
who shall prove unsound in his religious sentiments, immoral or disor- 
derly in his conduct, or who may be, in their opinion, on any account 
whatsoever, a dangerous, or unprofitable member of the institution. 

9. It shall be the duty of the professors, under the direction of the 
Board of Directors, to supply the pupils of the institution with the 
preaching of the Gospel, and the administration of the sacraments of 
the Christian Church ; if this supply shall not, in the judgment of the 
directors, be satisfactorily furnished by a church or churches in the place 
where the institution is established. 



452 FORM OF GOVERNMENT, CHAP. XII. 

Article IV. Of Study and Attainments. 

As the particular course of study pursued in any institution will, and 
perhaps ought to, be modified in a considerable degree, by the views 
and habits of the teachers, and ought, moreover, to be varied, altered 
or extended, as experience may suggest improvements, it is judged proper 
to specify, not so precisely the course of study as the attainments which 
must be made. Therefore, 

1. Every student, at the close of his course, must have made the 
following attainments, viz. : He must be well skilled in the original 
languages of the Holy Scriptures. He must be able to explain the prin- 
cipal difficulties which arise in the perusal of the Scriptures, either from 
erroneous translations, apparent inconsistencies, real obscurities or 
objections arising from history, reason or argument. He must be versed 
in Jewish and Christian antiquities, which serve to explain and illustrate 
Scripture. He must have an acquaintance with ancient geography, and 
with Oriental customs, which throw light on the sacred records. Thus 
he will have laid the foundation for becoming a sound Biblical critic. 

He must have read and digested the principal arguments and writings 
relative to what has been called the deistical controversy. Thus will he 
be qualified to become a defender of the Christian faith. 

He must be able to support the doctrines of the Confession of Faith 
and Catechisms, by a ready, pertinent and abundant quotation of Scrip- 
ture texts for that purpose. He must have studied carefully and correct- 
ly, natural, didactic, polemic and casuistic theology. He must have a 
considerable acquaintance with general history and chronology, and a 
particular acquaintance with the history of the Christian Church. Thus 
he will be preparing to become an able and sound divine and casuist. 

He must have read a considerable number of the best practical writers 
on the subject of religion. He must have learned to compose with 
correctness and readiness in his own language, and to deliver what he 
has composed to others in a natural and acceptable manner. He must 
be well acquainted with the several parts, and the proper structure of 
popular lectures and sermons. He must have composed at least two 
lectures and four popular sermons, that shall have been approved by the 
professors. He must have carefully studied the duties of the pastoral 
care. Thus he will be prepared to become a useful preacher and a 
faithful pastor. 

He must have studied attentively the form of Church government 
authorized by the Scriptures, and the administration of it as it has taken 
place in Protestant Churches. Thus he will be qualified to exercise 
discipline, and to take part in the government of the Church in all its 
judicatories. 

2. The period of continuance in the theological seminary shall, in no 
case, be less than three years, previously to an examination for a certifi- 
cate of approbation. But students may enter the seminary, and enjoy 
the course of instruction for a shorter time than three years; Provided, 
They in all other respects submit to the laws of the seminary, of which 
facts they may receive a written declaration from the professors. 

3. There shall be an examination of all the pupils in the seminary at 
every stated spring meeting of the Board of Directors. These pupils, 
who shall have regularly and diligently studied for three years, shall be 
admitted to an examination on the subjects specified in this article. All 



OF THE GENERAL ASSEMBLY. 453 

examinations shall be conducted by the professors, in the presence of the 
directors, or a committee of them. Every director present shall be at 
liberty, during the progress of any examination, or after the same shall 
have been closed by the professors, to put to any pupil such questions as 
he shall deem proper. Every pupil who shall have passed his final 
examination, and at least one previous annual examination, to the satis- 
faction of the directors present, shall receive a certificate of the same, 
signed by the professors, with which he shall be remitted to the Pres- 
bytery under whose care he is placed, to be disposed of as such Presby- 
tery shall direct. Those who do not pass a satisfactory examination 
shall remain a longer space in the seminary. 

4. It shall be the object of the professors to make such arrangements 
in the instruction of their pupils as shall be best adapted to enable them 
in the space of three years to be examined with advantage on the 
subjects specified in this article. 

Article V. Of Devotion and Improvement in Practical Piety. 

It ought to be considered as an object of primary importance by every 
student in the seminary, to be careful and vigilant not to lose that 
inward sense of the power of godliness which he may have attained ; but, 
on the contrary, to grow continually in a spirit of enlightened devotion 
and fervent piety; deeply impressed with the recollection that without 
this, all his other acquisitions will be comparatively of little worth, either 
to himself or to the Church of which he is to be a minister. 

He must remember, too, that this is a species of improvement which 
must of necessity be left, in a great measure, with himself, as a concern 
between God and his own soul. 

It is proper, however, to delineate the path of duty, to express the 
wishes and expectations of the founders of the seminary, and to make 
such requirements as the nature of the subject will permit. Hence: 

1. It is expected that every student in the theological seminary will 
spend a portion of time every morning and evening in devout medita- 
tion and self- recollection and examination ; in reading the Holy Scrip- 
tures, solely with a view to a personal and practical application of the 
passage read, to his own heart, character and circumstances; and in 
humble fervent prayer and praise to God in secret. 

The whole of every Lord' s day is to be devoted to devotional exercises, 
either of a social or secret kind. Intellectual pursuits, not immediately 
connected with devotion or the religion of the heart, are on that day to 
be foreborne. The books to be read are to be of a practical nature. 
The conversations had with each other are to be chiefly on religious 
subjects. Associations for prayer and praise, and for religious conference, 
calculated to promote a growth in grace, are also proper for this day; 
subject to such regulations as the professors and directors may see proper 
to prescribe. It is wished and recommended, that each student should 
ordinarily set apart one day in each month for special prayer and self- 
examination in secret and also that he should, on suitable occasions, 
attend to the duty of fasting. 

2. If any student shall exhibit in his general deportment, a levity or 
indifference in regard to practical religion, though it do not amount to 
any overt act of irreligion or immorality, it shall be the duty of the 
professor who may observe it, to admonish him tenderly and faithfully in 



454 FORM OF GOVERNMENT, CHAP. XII. 

private, and endeavor to engage him to a more holy temper, and a more 
exemplary deportment. 

3. If a student, after due admonition, persist in a system of conduct 
not exemplary in regard to religion, he shall be dismissed from the 
seminary. 

4. The professors are particularly charged, by all the proper means in 
their power, to encourage, cherish and promote devotion and personal 
piety among their pupils, by warning and guarding them, on the one 
hand, against formality and indifference, and on the other, against osten- 
tation and enthusiasm ; by inculcating practical religion in their lectures 
and recitations; by taking suitable occasions to converse with their pupils 
privately on this interesting subject; and by all other means, incapable 
of being minutely specified, by which they may foster true experimental 
religion, and unreserved devotedness to God. 

Article VI. Of the Students. 

1. Every student applying for admission to the theological seminary 
shall produce satisfactory testimonials that he possesses good natural 
talents, and is of a prudent and discreet deportment; that he is in full 
communion with some regular church; that he has passed through a 
regular course of academical study, or, wanting this, he shall submit 
himself to an examination in regard to the branches of literature taught 
in such a course. 

2. The first six months of every student in the seminary shall be 
considered as probationary ; and if, at the end of this period, any student 
shall appear to the professors not qualified to proceed in his studies, they 
shall so report him to the Board of Directors, who, if they are of the 
same opinion with the professors, shall dismiss him from the seminary. 

3. The hours of study and of recreation for the students shall be fixed 
by the professors, with the concurrence of the directors, and every 
student shall pay a strict regard to the rules established relative to this 
subject. 

4. Every student shaH be obliged to write on such theological and other 
subjects as may be prescribed to him by the professors. In the first 
year, every student shall be obliged to produce a written composition on 
such subjects at least once in every month ; in the second year, once in 
three weeks ; in the third year, once in two weeks. Once a month each 
student shall also commit to memory a piece of his own composition, and 
pronounce it in public, before the professors and students. 

5. Every student shall not only preserve an exemplary moral charac- 
ter, but shall be expected to treat his teachers with the greatest deference 
and respect, and all other persons with civility. 

6. Every student shall yield a prompt and ready obedience to all the 
lawful requisitions of the professors and directors. 

7. Diligence and industry in study shall be considered as indispensable 
in every student, unless the want of health shall prevent, of which the 
professors shall take cognizance, and make the suitable allowance. 

8. Strict temperance in meat and drink is expected of every student, 
with cleanliness and neatness in his dress and habits; while all excessive 
expense in clothing is strictly prohibited. 

9. Every student, before he takes his standing in the seminary, shall 
subscribe the following declaration, viz.: "Deeply impressed with a 
sense of the importance of improving in knowledge, prudence and piety, 



OF THE GENERAL ASSEMBLY. 455 

in my preparation for the Gospel ministry, I solemnly promise, in a 
reliance on divine grace, that I will faithfully and diligently attend to 
all the instructions of this seminary, and that I will conscientiously and 
vigilantly observe all the rules and regulations specified in the plan for 
its instruction and government, so far as the same relate to the students ; 
and that I will obey all the lawful requisitions, and readily yield to all 
the wholesome admonitions of the professors and directors of the 
seminary, while I shall continue a member of it." 

10. The term of study in the seminary shall commence on the second 
Monday in September, annually, and continue till Wednesday before 
the fourth Tuesday in April of the following year. 

Article VII Of the Funds. 

1. The Board of Directors are authorized to exercise all the control of 
the funds belonging to this institution, hitherto exercised by the General 
Assembly, as far as this can be done consistently with the will of the 
testators and donors; such as fixing the salary of the professors, 
regulating the amount required for endowment of scholarships or profes- 
sorships, and keeping sacred and distinct the different funds already 
created, or to be hereafter created, for the specific objects for which they 
are given. 

2. All matters relating to the finances except fixing the salaries of 
professors, the extent of endowment, and the aid of students, shall be, 
by the Board of Directors, submitted to the trustees of the seminary for 
their approval. 

3. Fair and full statements shall be annually presented to the Assem- 
bly, by the Board of Directors or by the trustees, of the amount of 
funds belonging to the seminary, of the items which constitute that 
amount, and of the receipts and expenditures in detail for the preceding 
year. 

4. The intention and directions of testators or donors, in regard to 
moneys or other property left, or given to the seminary, shall, at all 
times, be sacredly regarded. And if any individual or any number of 
individuals, not greater than three, shall by will, or during his or their 
lives, found or endow a professorship or professorships, a scholarship or 
scholarships, or a fund or funds, destined to special purposes, said pro- 
fessorships, scholarships or funds shall forever afterwards be called and 
known by the name or names of those who founded or endowed them, 
unless otherwise directed. And if any congregation, Presbytery, Synod 
or association, shall found a professorship or professorships, scholarship 
or scholarships, or a fund or funds, said professorship or professorships, 
or scholarship or scholarships, fund or funds, shall forever afterwards 
be called or known by such name as the body founding them shall 
give.* 

5. After supporting the professors, and defraying the other necessary 
charges of the seminary, the funds shall be applied, as far as circum- 
stances will admit, to defray or dimmish the expenses of those students 
who may need pecuniary aid, as well as to lessen, generally, the expense 
of a residence at the seminary. 

* The sum necessary to endow a professorship is not less than $25,000 ; and to endow 
a scholarship not less than $3000. These sums, however, taking things at their 
present value, are quite too small. New action is hence called for on this subject. — 
Publishing Committee. 



456 FORM OF GOVERNMENT, CHAP. XII. 

Article VIII. Of the Board of Trustees. 

1. The Board of Trustees of the Western Theological Seminary, as 
incorporated by the Legislature of the State of Pennsylvania, consists of 
thirty members, to be elected by the General Assembly when meeting 
in the State of Pennsylvania, and no more than one-third to be changed 
in any one year. 

2. To the trustees is committed the custody and disbursement of the 
funds of the institution for the purposes for which they were appro- 
priated by the donors, or according to the plan of the seminary. 

3. The Board of Trustees shall meet twice in each year (in April and 
in November), at such time and place as may be designated, and oftener 
on their own adjournment, or on the call of the president. 

4. The officers of the Board shall consist of a president, vice-presi- 
dent, secretary and treasurer, to be chosen annually, at the spring meeting 
of the Board, and to continue in office until their successors are elected. 

2. The Charter of the Western Seminary. 

No. 116. 

An act incorporating the Trustees of the Western Theological Seminary of 
the Presbyterian Church in the United States of America, at the City of 
Allegheny, in the State of Pennsylvania. 

Section 1. Be it enacted by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by the authority of the same, That David McConaughy, A. O. Patter- 
son, Robert Dunlap, A. D. Campbell, N. Gillett, James Culbertson, Absalom 
McCready, Robert Johnson, William Jeffrey, C. C. Beatty, Samuel McFar- 
ren, Loyal Young, Geo. Marshall, Algernon McMaster, Alexander Laughlin, 
Francis' G. Bailey, Thos. Kiddoo, Harmar Denny, Alexander Semple, Malcom 
Leech, Francis Herron, E. P. Swift, Matthew Brown, W. B. Mcllvaine, John 
Stockton, Ebenezer Graham, Jas. Alexander, Robert Wray, Benjamin Wil- 
liams and Frederick Lorenz, and their successors duly elected and appointed 
in the manner as is hereinafter directed, be and they are hereby made, de- 
clared, and constituted a corporation and body politic and corporate in law 
and in fact, to have continuance forever, by the name, style and title of " The 
Trustees of the Western Theological Seminary of the Presbyterian Church in the 
United States of America" and by the name, style and title aforesaid shall 
forever hereafter be persons able and capable in law, as well to take, receive 
and hold all and all manner of lands, tenements, rents, annuities, reversions, 
franchises, and other hereditaments whatsoever, which at any time or times 
heretofore have been granted, bargained, sold, enfeoffed, released, devised or 
otherwise conveyed or vested for the use of the Western Theological Semi- 
nary of the Presbyterian Church in the United States of America, located at 
the City of Allegheny, State of Pennsylvania, in or to any other person or 
persons, to the use of said seminary, or in trust for the same, by this Common- 
wealth, or by any person or persons whomsoever ; and the same lands, tene- 
ments, rents, annuities, reversions, liberties, franchises, and other heredita- 
ments, are hereby vested and established in said corporation forever, accord- 
ing to the original use and intent for which such devises, gifts, grants, 
releases, or other conveyances were respectively made ; and the said corpora- 
tion and their successors are hereby declared to be seized and possessed of 
such estate and estates therein, as in and by their respective grants, bargains, 
sales, enfeoffments, gifts, devises, releases/ and other conveyances thereof, is 
or are declared, limited or expressed ; also, that the said corporation and their 
successors at all times hereafter shall be capable and able to purchase, have 
and receive, take, hold and enjoy in fee simple, or of lesser estate or estates, 
all and all manner of lands, tenements, rents, annuities, franchises and hered- 
itaments, by the gift, grant, bargain, sale, alienation, enfeoffment, release, 
confirmation or devise, to any person or persons, bodies politic and corporate, 
capable and able to make the same ; and further, that the said corporation and 
their successors may take and receive any sum or sums of money and any por- 



OF THE GENERAL ASSEMBLY. 457 

tion of goods and chattels that have been given or bequeathed to, and for the 
use of, the Western Theological Seminary of the Presbyterian Church in the 
United States of America, at the City of Allegheny, or to the Directors 
thereof, or to any other person or persons, body politic or corporate, in trust 
or for the use of said seminary ; or that shall hereafter be given, sold, leased, 
or bequeathed to the said corporation, by any person or persons, body politic 
or corporate, that is able or capable to make sale, lease, bequeath or other dis- 
posal of the same, such money, goods or chattels, to be laid out and disposed 
of for the use and benefit of the aforesaid corporation, agreeably to the will 
and intention of the donors, and according to the objects and articles, and 
conditions of this act, or according to the articles and by-laws of said 
corporation ; 

Provided, That this act shall not be so construed as to impair or affect the 
right of other persons or corporations, or to vest in said corporation any other 
estate, right or title in the lands and tenements heretofore held by any person 
or persons for the use of said Western Theological Seminary, by grant from 
the Commonwealth or conveyance from any person or persons, than were held 
and enjoyed by such person or persons at, or before the passage of this act ; 
and that in all suits now pending, or hereafter brought, concerning the real 
estate held or claimed by any person or persons, for the use of said Seminary, 
prior to the passage of this act, the right and title to the same shall be tried 
and determined as if this act had not been passed. 

Sec. 2. And be it further enacted by the authority aforesaid, That no mis- 
nomer of the said corporation and their successors shall defeat or annul any 
gift, grant, devise or bequest, to or for the said corporation ; Provided, The 
intent of the party or parties shall sufficiently appear upon the face of the 
gift, grant, will or other writing whereby any estate or interest was intended 
to pass to or for the said corporation. 

Sec. 3. And be it further enacted by the authority aforesaid, That the said 
corporation and their successors shall have full power to make, have and use 
one common seal, with such device and inscription as they shall deem proper, 
and the same to break, alter and renew at their pleasure. 

Sec. 4. And be it further enacted by the authority aforesaid, That the said 
corporation and their successors by the name, style and title aforesaid, shall 
be able and capable in law to sue and be sued, plead and be impleaded in any 
court or courts, before any judge or judges, justice or justices, in all and in all 
manner of suits, complaints, pleas, causes, matters and demands, of whatso- 
ever nature, kind or form they may be ; and all and every matter and thing to 
do, in as full and effectual a manner as any other person or persons, body 
politic and corporate, within this Commonwealth may or can do. 

Sec 5. And be it further enacted by the authority aforesaid, That the said 
corporation and their successors shall be, and hereby are, authorized and em- 
powered to make, ordain and establish rules, by-laws and ordinances, and do 
everything needful and incident for the due and good government and support 
of the affairs of the said corporation, and managing the funds and revenues 
thereof; Provided, That the said rules and by-laws and ordinances be not repug- 
nant to the Constitution and laws of the United States, to the Constitution 
and laws of this Commonwealth or to this act. 

Sec. 6. And be it further enacted by the authority aforesaid, That the said 
corporation shall not consist at any time of more than thirty persons, nine of 
whom shall at all times be laymen, and citizens of the State of Pennsylvania, 
whereof the General Assembly of the Presbyterian Church in the United 
States of America may at their annual meeting change one-third in such man- 
ner as to the said General Assembly shall seem proper ; and the corporation 
aforesaid shall have power and authority to manage and dispose of all moneys, 
goods, chattels, lands, tenements and hereditaments, and all other estates 
whatsoever, committed to their care and trust, by the said General Assembly ; 
but in cases where special instructions for the management and disposal 
thereof shall be given by the said General Assembly in writing under the 
hand of their clerk, it shall be the duty of the said corporation to act accord- 
ing to such instructions ; Provided, That the instructions shall not be repug- 
nant to the Constitution and laws of the United States, or to the Constitution 
and laws of this State, or to this act. 

Sec 7. And be it further enacted by the authority aforesaid, That seven 
members of this corporation, whereof the president, or in his absence, the 



458 FORM OF GOVERNMENT, CHAP. XII. 

vice-president, to be one, shall be a sufficient number to transact the business 
thereof, and to make by-laws, rules and regulations ; Provided, That previous 
to any meeting of the Board or corporation for such purposes, not appointed 
by adjournment, ten days' notice shall be previously given thereof by the 
secretary or clerk of the said corporation to each of the members of the same ; 
and the said corporation shall, as often as they shall see proper, and according 
to the rules by them to be prescribed, choose 'out of their number a president, 
a vice-president and secretary ; and shall have authority to appoint a treas- 
urer and such other officers and servants, as shall by them, the said corpora- 
tion, be deemed necessary ; to which officers the said corporation may assign 
such a compensation for their services, and such duties to be performed by 
them, to continue in office for such a time, and to be succeeded by others, in 
such a way and manner, as the said corporation may direct. 

Sec. 8. And be it further enacted by the authority aforesaid, That all ques- 
tions before the said corporation shall be decided by a plurality of rotes, 
whereof each member present shall have one, except the president, or vice- 
president when acting as president, who shall have only the casting voice or 
vote in case of an equality in the votes of the other members. 

Sec. 9. And be it further enacted by the authority aforesaid. That the said 
corporation shall keep fair and regular entries of their proceedings, and a just 
account of their receipts and disbursements, in a book provided for that pur- 
pose ; and shall, once in a year, exhibit to the General Assembly of the Pres- 
byterian Church in the United States of America an exaet state of the ac- 
counts and funds of the said corporation. 

Sec 10. And be it further enacted by the authority aforesaid. That the said 
corporation may take, receive, purchase, possess and enjoy messuages, houses, 
lands, tenements, rents, annuities and other hereditaments, real and personal 
estate of any amount ; Provided, That the clear yearly value and income shall 
not exceed the sum of fifteen thousand dollars. 

Sec. 11. That the Legislature expressly reserves the right at any time here- 
after to construe, alter, amend or repeal all or any of the provisions of this 
act. Signed, James Ross Sxowden, 

Speaker of the House of Representatives. 
William Bigler, 

Speaker of tin Senate. 

Approved the twenty-ninth day of March, one thousand eight hundred and 
forty-four. David R. Porter. 

A Supplement to "An act incorporating the Trustees of the Western Theo- 
logical Seminary of the Presbyterian Church in the United States of 
America, at the City of Allegheny, in the State of Pennsylvania." 

Whereas, By the eleventh section of the act to which this is a supple- 
ment, the Legislature of this State has reserved the right at any time there- 
after to construe, alter, amend or repeal all or any of the provisions of the act 
to which this is a supplement ; and 

Whereas, The exercise of that right may leave the property which 
may be vested in the said corporation without proper trustees to manage and 
dispose of the same ; therefore, 

Section 1. Be it enacted by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania, in General Assembly met, and it is hereby en- 
acted by the authority of the same. That in case the Legislature of this State 
shall at any time hereafter construe, alter, amend or repeal all or any of the 
provisions of said act to which this is a supplement, the trustees of said sem- 
inary for the time being shall be and they are hereby authorized and empow- 
ered at any time within one year after an}* such construction, alteration or 
amendment, or repeal, to convey all the property belonging to them as trustees 
as aforesaid to any number of citizens of this State, not tess than three nor 
more than five, whom they may select, their heirs and assigns, who shall hold 
the said property thus conveyed to them, their heirs and assigns, for the sole 
use of the said seminary, anything in the said act to the contrary not- 
withstanding. 

CERTIFICATE. 

I do hereby certify that the above is a copy of a bill which passed both 
branches of the Legislature and was signed bythe Governor. 

E. S. GOODWELL. 

Harrisburg, April 12, 1845. Clerk of the Si 



OF THE GEM] 

3. Acceptance by directors of the plan of 1870. 
At a meeting of the Board of Directors of the Western Theological 
Seminary, October 14, 1870, it was 

jlr.ed, That we accept the powers and authority offered by the action 
of the General Assembly to the theological seminaries now under the 
control of the General Assembly, as contained in the second regulation of 
the report of the Committee on Theological !3eminaries, recorded on 
p. 63 of the Minute* of 1870.— 1871, { KT9. 

4. Assembly to approve the election of trustees. 

Your Committee recommend, that the General Assembly \ con- 

sent to a proposed modification of its plan for theological seminaries, so as 
to meet the unanimous request of the Boards of Trustees and Dire. 
according to the following paper: 

Whereat, By the plan of the theological seminary trustees can be 
elected by the General Assembly only when it meets in Pennsylvania; 
and 

Whereat, In the charter of the Board of Trustees, no such limitation 
is emb raced ; t he r e I 

>foed, That the General Assembly be requested to so modify the 
" Plan," that the trustees may be chosen at any meeting of the Assem- 
bly; also to consent to a reduction of the number of trustees from thirty 
to twenty-one, to be divided into three classes, one class to be removed 
each year; and to such modification of the " Plan " as that the trustees 
shall nominate to the directors persons to fill vacancies, and, on the 
approval of the directors, to the General Assembly for its approval. — 

5. Answer of the Boards, 1895. 

The Board of Directors of the Western Theological Seminary, being 
satisfied that the seminary now stands in such close relation to the Pres- 
byterian Church that both its teachings and its use of all its property 
can be controlled by t. il Assembly, subject only to a reasonable 

of time and such legal restrictions set forth in the charter as hav : 
hitherto called out obje es no reasons to ask in behalf of this 

seminary any change in existing relations to the General Assembly. The 
Board is not averse to an effort hav:: - chief end the bringing of 

all our theological seminaries into closer relations of sympathy and confi- 
dence with the Church at large, but it is the opinion of this Board that 
this cannot be accomplished successfully except through some plan which 
is acceptable to all the seminaries now approved by the General Assem- 
bly, and it deprecates a division of these seminaries into different classes 
I nds their relations to the General Assembly. 
The Board of Trustees of the Western Theological kSeminary, af 
annual meeting in Pittsburgh, May 10, took the following action: 

The Trustees of the Western Theological Seminary, after a careful 
ieration of na of the Committee of the General 

.bly on Theological Seminaries, would affirm their hearty agree- 
ment with the principles when tJ nittee was appointed, and the 
end sought, as both the Committee of the General Assembly and the 
: this seminary are agreed that the charter of the seminary is 
one of the strongest thai be framed to secure the property to the 



460 FORM OF GOVERNMENT, CHAP. XII. 

Presbyterian Church in the United States of America, and that sub- 
stantially the only way in which the purposes of the Committee can be 
secured is in the way of general legislation, by the Legislature of Penn- 
sylvania, authorizing various denominations and associations of men in 
case of threatened or actual malfeasance in trust, to appear in court 
through their proper officers or representatives in order to enforce the 
execution of trusts created for their benefit, in pledging ourselves to 
cordially unite in efforts to secure such general legislation. — 1895, pp. 
159, 160. 

6. Action of the Assembly, 1895. 

The Board of Directors of the Western Seminary at Allegheny, 
" being satisfied that the seminary now stands in such close relation to 
the Presbyterian Church that both its teaching and the use of all its 
property can be controlled by the General Assembly, sees no reason to 
ask any change in existing relations to the Assembly." The Board of 
Trustees has declared its hearty agreement with the principles set forth 
in the action of the Assembly of 1894, and its readiness to secure the 
necessary legislation to enable the General Assembly to carry out said 
principles. The Committee recommends the General Assembly to request 
these Boards to take such action. — 1895, p. 32. 

7. Answer of the Boards, 1896. 

Whereas, The General Assembly's Committee expressed, through their 
representative, Thomas McDougall, the opinion that the property of the 
Western Theological Seminary can be held for the Presbyterian Church 
under the existing charter without change, and it has, as a matter of 
fact, always been so held and administered, and 

Whereas, The Committee declared that it would be sufficient to secure 
general legislation by which the General Assembly, representing the 
Presbyterian Church, can be recognized in the courts, .without appeal to 
the attorney- general of the State, and this Board cordially agreed to 
make due effort to secure such legislation at the earliest possible day (the 
Legislature meeting only bi-annually), and, in case of unfaithfulness of 
the Board, the Assembly has power to remove one-third of their num- 
ber and appoint others in their places, guaranteeing a two-thirds majority 
in thirteen months, and any gift to the seminary can be made specific, as 
some have been, so that the donor can be satisfied as to the use to be 
made of his money, and, 

Whereas, A question exists in the minds of able jurists and of intelli- 
gent and liberal friends and supporters of the seminary, as to whether 
the change of charter proposed might not subject us to vexatious litiga- 
tion and possibly imperil important interests of the institution now 
entrusted to their care; therefore, 

Resolved, That this Board respectfully begs leave to adhere to their 
former action in the premises, which, if carried out, the Assembly has 
declared to be sufficient and acceptable. 

Resolved, That the Board appoint a Committee, consisting of Messrs. 
William Bake well, J. McF. Carpenter and W. J. Holland, to secure 
legislation in accordance with the action of the trustees at their anuual 
meeting in May, 1895.— 1896, pp. 188 and 120. 



OF THE GENERAL ASSEMBLY. 461 

IV. LANE THEOLOGICAL SEMINARY. 

1. Charter and amendments. 

[Note. — Ohio Local Laws, Vol. xxvii, p. 118.] 
An act to incorporate the Lane Seminary, in the county of Hamilton : 

Section 1. Be it enacted by the General Assembly of the State of Ohio, That 
there shall be, and hereby is established, in the county of Hamilton, a theo- 
logical institution for the education of pious young men for the Gospel minis- 
try, by the name of "The Lane Seminary ;" and that Joshua L. Wilson, 
David Root, James Challen, William Skillenger, Robert Boal, junior, Jabez 
C. Tunis, John F. Keys, Isaac G. Burnet, Ephraim Robbins, James Warren, 
John H. Groesbeck, Robert Wallace, William W. Greene, John Thomson, 
Daniel Hayden, Benjamin Graves, Ludwell G. Gaines, Jacob Lindley, Caleb 
Kemper, James Thomson, Daniel Wertz, Samuel January and Abraham A. 
Halsey, be, and they are hereby appointed Trustees of said institution ; and 
who, together with their associates and successors, are hereby created a body 
politic and corporate, with perpetual succession, by the name and style of 
"The Trustees of the Lane Seminary ;" and by that name shall be competent 
to contract and be contracted with, to sue and be sued, plead and be im- 
pleaded, answer and be answered unto, in all courts and places, and in all 
matters whatsoever ; with full power and authority to acquire, hold, possess, 
use, occupy and enjoy, by purchase, gift, grant or devise, and the same to 
sell, convey and dispose of, all such real estate as shall be necessary and con- 
venient for said institution, the transaction of its business, and the endow- 
ment of the same ; and may have and use a common seal, and the same alter, 
change, break and renew at pleasure ; and may, also, make, ordain and 
establish, and put in execution, such by-laws, ordinances, rules and regulations 
as shall be necessary and proper for the good government of said institution, 
and the prudent and efficient management of its affairs ; Provided, That no by- 
law, ordinance, rule or regulation of the same, shall in anywise be contrary 
to the constitution and laws of this State or of the United States ; And pro- 
vided also, That any future General Assembly may alter or amend this act. 

Sec. 2. That the Board of Trustees aforesaid, and their successors, shall 
have power to perpetuate their own body, by rilling all vacancies which may 
occur therein, either by death, resignation or otherwise ; but said Board shall 
at no time consist of a less number than twenty-three, nor more than twenty- 
five : they shall have the direction, management and control of the estate, 
business, property, funds and prudential concerns of said institution, and the 
administration of its affairs : they shall appoint all professors, tutors, teachers, 
officers, agents and clerks of the same, who shall hold their respective offices 
and places therein during the pleasure of said Board, and perform such duties, 
and exercise such powers as the said trustees, from time to time, may order 
and direct : they shall, annually, on the last Wednesday in October, at such 
time and place as the trustees shall appoint, elect, by ballot, from their own 
body, a president, three vice-presidents, treasurer, recording secretary and 
corresponding secretary, who, together with six other members, to be elected 
at the same time and place, shall constitute the executive committee of said 
institution, who shall, under the direction of the trustees, conduct the affairs 
of the same ; and the said Board of Trustees and the executive committee shall 
respectively do and perform all such matters and things as may be necessary 
and proper to promote the objects of the institution ; Provided, That the 
funds, property and revenues of the same shall not be appropriated, employed 
or expended for any purpose other than that contemplated by this act. 

Sec 3. That the officers and members of the Executive Committee shall 
reside in the city of Cincinnati, or its vicinity, a majority of whom, together 
with all the professors, tutors, teachers and instructors in said institution, 
shall be members of the Presbyterian Church, in good standing, under the care 
of the General Assembly of that Church in the United States. 

Sec. 4. That at the annual meeting of the Board of Trustees, on the last 
Wednesday of October, there shall be reported and presented an account 
of the state and condition of said institution, in all its various concerns and 
affairs ; and said Board may hold meetings at such other times as the 
Trustees may appoint, or the president thereof shall order and direct, to be 
notified and held in such manner as shall be provided by the by-laws of the 
institution. 



4&2 FORM OF GOVERNMENT, CHAP. XII. 

S :c. 5. That a fundamental rule or principle of said institution shall be. that 
every student therein, when in good health, shall be required to spend not less 
than three, nor more than four hours, each day. in agricultural or mechanical 
. the avails of which shall be applied towards defraying the expenses of 
the institution, and the board and tuition of the students ; and the said Board of 
Trustees shall have power to grant and confer on any candidate, in such form 
as they may prescribe, all or any of the degrees in Divinity usually granted 
and conferred in the Colleges and Universities in the United States. 

Sec. 0. That the first officers of the institution shall be the Rev. Joshua L. 
Wilson, president : Rev. David Root. Rev. Jacob Liudley and Isaac G. Burnet, 
Esq., vice-presidents: John H Groesbeek. treasurer: Abraham A. Halsey, 
recording secretary, and James Warren, corresponding secretary, who. to- 
gether with John F. Keys. Jahez C. Tunis. William W, Greene. Robert Boal, 
junior. William Skillenger and Caleb Kemper shall compose and constitute 
the first Executive Committee, to serve in their respective othces until the next 
annual meeting and until their successors shall be chosen. 

Sec. 7. That this act shall be taken and received in all courts, and by 
all judges, magistrates and other public officers, as a public act ; and ail 
printed copies of the same, printed by or under the authority of the General 
Assembly, shall be admitted as good evidence thereof, without any other proof 
whatever. 

Epwarp King. 
Speaker of the House of Bepretmtati 
Samuel Wheeler. 

Speaker of the Sen 

February 11. 1889. 



[N ve. — Ohio Loeal Laws. Vol. xxxvi, p. 22.] 

An act to amend the act entitled "An act to incorporate the Lane Seminary, 
m the county of Hamilton." 
Sec, 1. Be it enacted by the General Assembly of the State of Ohio. That the 
Board of Trustees of the Lane Seminary shall consist of any number not less 
than thirteen nor more than twenty-rive ; and. if from any cause, the number 
shall be reduced below thirteen, the remaining number shall be a competent 
Board for the purpose of tilling vacancies to make up the number of thirteen ; 
and from and after the next election of officers, the Executive Committee of 
said seminary shall consist only of the president, the three vice-presidents, 
the treasurer, the recording secretary and the corresponding secretary, who 
shall hold their offices until their successors are elected : and the annual meet- 
ing of the Board of Trustees, for the election of officers, shall be held on 
the second Wednesday of June, annually, instead of the last Wednesday of 
October. 

C. Anthony. 
aker of the House of Ixepreseritati I 
George J. Smith. 

iker of the Senate. 
January 16. 1838. 



[Note. -Ohio Laws. Vol. lv, p. 16.] 

An act to amend the act entitled an act to amend the act entitled "An act 
to incorporate the Lane Seminary, in the county of Hamilton." 
Sec 1. Be it enacted by the General Assembly of the State of Ohio. That the 
act entitled "An act to amend the act entitled an act to incorporate the 
Lane Seminary, in the county of Hamilton."' passed January 10. 1S3S. be and 
the same is hereby amended and enacted to read as follows, to wit : The Board 
of Trustees of the Lane Seminary shall consist of any number, not less than 
thirteen, nor more than twenty-five : and if. from any cause, the number shall 
be reduced below thirteen, the remaining number shall be a competent Board 
for the purpose of rilling vacancies to make up the number of thirteen ; and 
the Executive Committee of said seminary shall consist only of the president, 
the three vice-presidents, the treasurer, the recording secretary and the cor- 
responding secretary, who shall hold their offices until their successors are 
elected ; and the annual meeting of the Board of Trustees, for the election of 



OF THE GENERAL ASSEMBLY. 

officers, shall be held at snch time and place as the Board of Trustees shall, 
from time to time, and at anytime, appoint; and the above mention i 
1 January 16, 1838, is hereby repealed. 

Well r am B. Woods, 
Speaker of the House of Reprmemfatine*. 

>r\RTTV WEI.EER, 

President of the Seno&s. 

2. The plan of the Assembly adopted by the trustees. 

The Board of Trustees of the Lane Theological Seminary report that 
they have most wwfaliy adopted tins plan by the folio win g 

ry election of a professor in this institution shall be report 
next General Assembly; and if said Assembly shall 
diapprob;:" the professorship in question shall be 

.nt from and after such vote of the General Assembly, it 
being understood that in such case it is not the pleasure of this Board 
that such professor shall continue in office. — 1871, p. " - 

3. Report of the Standing Committee on Theological Seminaries, 
1893. Approval withheld. 

The trustees of Lane Theological Seminary find that the inco: 
the seminary has been seriously reduced, and as a result they have 
compelled to abolish the Chair of Practical Theol - - requiring the 

a of Dr. Roberts, who was the incumber: 1" . - t _~sea»- 

bly puts on record its high appreciation of the value of Dr 

md exp: • regret that, as your Committee has 

-ied, the Board did not advise Dr. Roberts of its purpose 
g such derisive action. 
In the list of l rinbly finds the name of the I 

Henry P. Smith, D.D. , who was in December last suspended by the 

: Cincinnati for unsoundness in the faith. On ih- 
January, 1893, Prof. Smith t .-nation to the Board 

because of that suspension. The Board declined t 

aued him, by formal action, in the duties of his prof- 
ship in the seminary. When a mir:- 

from all the functions of his office. Among the most important of such 
functions is that of training young men foe the ministry. He 
serious the embarrassment to the seminary, the B i aid have 

immediately accepted the resignation of Prof. Smith, or at least rei 
him from the discharge of his dries L " - khe Church sh 

compelled them to take such action. But they were further 
bound so to do by faithfuL :e trust which they have assumed 

with regard to that seminar;.- Efi aarter require- all the p. 

-aall be members of the Presbyterian Church in g L at ' _ 
The Assembly, therefore, is constrained to with. \s approval and 

commendation of Lane Seminary until the Board has recomsadeart 
action in this respect, and remedied the error. — 1893, p. '.' 

4. Reorganization recommended Committee of Visitation appointed. 
The seminary restored to fall standing. 

The last General Assembly expressed its disapproval of the semia 
because it retained in his Chair a professor who had been suspended from 
the ministry by his Presbytery for heresy, and the Board 

! :>rbidden to aid students attending the institution. After 



464 FORM OF GOVERNMENT, CHAP. XII. 

the professor resigned his place, and then the Board of Education 
resumed its helpful relations to the students of Lane. We trust happier 
days for this seminary are now near at hand, and we commend it and all 
its interests to the approval, the sympathy and the confidence of the 
Assembly and the Church. 

In view of all the facts that have come before us and as the result of 
thoughtful and even anxious deliberation, we respectfully recommend the 
following, viz. : 

1. The General Assembly would advise the Board of Trustees, as 
promptly and completely as possible, to reorganize the seminary by 
introducing new and different men into the Board of Trustees and the 
corps of instructors, and this, not because of any question touching the 
integrity of purpose and purity of motive in the honored brethren now 
in charge, but simply because the differences of opinion and policy now 
prevailing among them seem to be irreconcilable, and to forbid the hope 
of settlement until other men are put in charge. 

2. That a Committee of five, three ministers and two elders, shall be 
appointed by this Assembly to visit the seminary and confer with the 
Board of Trustees, and to advise with them concerning all the interests 
of the institution, especially concerning its reorganization, as already 
indicated; this Committee to report to the next General Assembly. 

3. We recommend that in the meantime the seminary be restored to 
full standing with the General Assembly, and that the Board of Educa- 
tion be directed to treat its students precisely as it treats the students of 
other seminaries. 

4. Pending the visit of the Committtee suggested and the reorganiza- 
tion proposed, it is recommended that the election of Rev. Henry W. 
Hulbert to the Chair of Church History be disapproved, and this for 
this reason and no other, that his confirmation would further embarrass 
the reorganization which is now proposed. This disapproval is not to be 
understood as raising any question of his character or orthodoxy, nor as 
a bar to his employment as a teacher in the seminary.* — 1894, pp. 110, 
111. 

5. Report of the Special Committee to visit Lane Seminary, 1895. 

The Committee appointed by the General Assembly to confer with 
the Board of Trustees of Lane Seminary held a conference in Cincin- 
nati, November 22, 1894. The Board of Trustees made their statement, 
each member setting forth his personal convictions regarding the condition 
and purposes of the Board. The meeting was continued through the 
day, was harmonious and satisfactory, and the interchange of views and 
opinions was most fraternal and cordial. Whatever " differences of 
opinion and polity" may have been and to some may have seemed 
" irreconcilable," they were not to be found when the Committee looked 
the brethren in the face and heard their words of conciliation and earnest 
expression of desire, harmoniously and unitedly, to promote the best 
interests of the seminary and our Presbyterian Zion. 

After hearing at length the detailed and explanatory statement of the 
Board of Trustees concerning the financial condition of the seminary in 
the past and in the present, showing the receipts and disbursements, also 
the annual attendance of students from 1887 to 1895, and also the 

* Prof. Hulbert was reelected Professor of Church History and his name reported 
to the Assembly.— 1896, p. 141. 



OF THE GENERAL ASSEMBLY. 465 

teaching force of the past and the present, and concerning the prospect 
of the future, the Assembly's Committee retired for a conference. 

In the evening the conference of the Board of Trustees and the 
Committee was resumed, when the Assembly's Committee submitted to 
the Board of Trustees the conclusion upon which they appeared to agree, 
and which in their present light they were disposed to submit to the 
General Assembly. The Board of Trustees by a unanimous vote ex- 
pressed their satisfaction with these suggestions of the Committee, which 
were substantially as follows: 

1. Having heard the full statement of the Board and the satisfactory 
explanation in regard to the financial condition of the seminary, with the 
hopeful outlook for the future, we advise the increase and completion of 
the faculty in accordance with the recommendation of the General 
Assembly, as speedily as the income of the institution will allow. 

2. We will report to the General Assembly that the full, clear finan- 
cial statement submitted to the Committee seemed to us in a large 
measure to explain the present administration of the Board, and like- 
wise promise an increase of the teaching force in the near future. 

3. Having been informed that five vacancies exist in the Board of 
Trustees, we would take pleasure in reporting to the Assembly that it is 
the intention of the Board to fill these places, as soon as possible, with 
men known to be in sympathy with the Presbyterian Church and the 
seminary in its relation to the General Assembly. 

4. We will report to the Assembly that we found the Board of Trus- 
tees, clergymen and laymen, to be an intelligent body of earnest Chris- 
tian men ; united in the desire and purpose to do everything in their 
power to bring the seminary into closer relations to the Church, and to 
ensure the hearty sympathy and support of the community and region 
in which the seminary is located. 

The Board took the following action: 

Resolved, That the thanks of this Board of Trustees are hereby ex- 
tended to the Assembly's Committee of Conference on Lane Seminary, 
for the patient and open-minded manner in which they have sought 
information, and also for the outline of opinion and conclusion submitted, 
in which the purpose and spirit of this Board are correctly interpreted. 

Therefore your Committee recommend the Assembly to encourage the 
Board to continue making such efforts and devising such means, as will 
speedily and thoroughly reorganize and increase the teaching force, and 
thus secure for Lane Seminary the constant fostering care and approval 
of the Assembly, as well as the confidence, sympathy, and support of 
our beloved Presbyterian Zion. 

The report was accepted; its recommendations adopted, and the Com- 
mittee continued. — 1895, pp. 19-21. 

[Note — For the answer of Lane Seminary to the proposals of the General Assem- 
bly of 1894, see Minutes, 1895, p. 160 ; and for the Assembly's reply, see Minutes, 1895, 
p. 33, and 1896, p. 122.] 

6. Final report of the Special Committee to visit Lane, 1896. 

" The report of the Special Advisory Committee to visit Lane Semi- 
nary was unanimously adopted at the meeting of the General Assembly 
in Pittsburgh, May, 1895, together with the recommendation that ' the 
Assembly encourage the Board to continue making such efforts and devis- 
ing such means as will speedily and thoroughly reorganize and increase 
30 



466 FORM OF GOVERNMENT, CHAP. XII. 

the teaching force, and thus secure for Lane Seminary the constant 
fostering care and approval of the Assembly as well as the confidence, 
sympathy and support of our beloved Presbyterian Zion.' 

" The Committee was ordered to be continued. As Chairman I now 
report to the Assembly that there has been no regular meeting of the 
Committee during the year, for the reason that everything has gone on 
so satisfactorily, pleasantly and prosperously in the work of the seminary, 
that there seemed nothing for the Committee to do. In the meantime I 
was invited to deliver the annual address before the Society of Inquiry, 
the alumni, and friends of the seminary, which I did on Commencement 
Day, May 7, 1896. Having thus the opportunity of meeting the 
professors and students, the president of the Board of Trustees, and 
many of the members, as well as the examiners from various Presby- 
teries, and other friends of the seminary, I received a most favorable 
impression of the work done, and of the prospects for the future." 

The report of the Advisory Committee thence continues with informa- 
tion already given in this report, and is signed by its chairman, David 
A. Cunningham, and dated May 16, 1896. We recommend to the 
Assembly the approval of the report of this Special Committee. The 
report was approved. — 1896, p. 142. 

7. Answer of the trustees to the Assembly, 1895. 
At the meeting of the Board of Trustees, May 1, 1895, it was 
Resolved, That while this Board desires in all proper ways to show its 
loyalty to the Presbyterian Church, and has an earnest wish to maintain 
the most cordial and harmonious relations with the General Assembly, in 
view of the legal and other complications which might result from the 
proposed amendments, and the doubtful validity of such if enacted, we feel 
constrained to decline to take any steps to effect such changes as are 
contemplated in the resolutions of the last General Assembly regarding 
theological seminaries. — 1895, p. 160. 

8. Answer of the trustees, 1896. 

The following is a true copy of the action of the Board of Trustees of 
Lane Theological Seminary taken Wednesday, May 6, 1896 : 

That this Board learns with regret of the illness of Dr. Young, and 
that this fact has probably prevented the Committee of the General 
Assembly meeting with the Board at this time as per appointment made 
by the president. 

That while this Board desires to maintain the most cordial and inti- 
mate relations with the General Assembly of the Presbyterian Church in 
the United States of America, and will do all that can be done to that 
end, it as yet does not see the way clear to changing the action taken in 
Mav, 1895, concerning proposed amendments to the charter. — 1896, 
p. 194. 

9. Answer of the trustees, 1897. 

The trustees of Lane Seminary, having carefully considered the 
action and request of the General Assembly of 1896 in regard to the 
plan of seminary control, approved by the Assembly of 1895, make, 
after due deliberation, the following statement in reply: 

The trustees are thoroughly confirmed in the judgment, frankly stated 
to the Assemblies of 1895 and 1896, that the changes proposed in the 
charter of this seminary are impracticable. This charter clearly defines 



OF THE GENERAL ASSEMBLY. 467 

the object of the institution, provides for the organization of its Board 
of Trust as a civil corporation and definitely prescribes the manner in 
which this trust shall be administered. 

It is plainly the imperative duty of this Board to execute with fidelity 
these explicit provisions. It seems to the trustees increasingly clear that 
they have neither the legal nor the moral right to become a party to any 
attempt to modify or alter any of the expressed terms or conditions of 
the trust which they are appointed to administer, even were such legisla- 
tion permissible under the present Constitution of Ohio. 

Moreover, all the funds that have been donated to the seminary since 
the enactment of this charter have been received under its specific 
provisions. Most of these donations have been made with the assurance 
and in the belief that these conditions are to be perpetual. The chang- 
ing of these provisions and conditions in the manner proposed would be, 
as it seems to the trustees, a violation of good faith on their part, as well 
as a breach of trust, and would seriously imperil these endowments and 
expose the institution to ruinous litigation. 

For these conclusive reasons, it is their settled belief that this Board 
ought not to initiate any proceedings which would modify or alter the 
existing charter in any of its essential provisions. 

But it seems proper to add, that, if the proposed changes were prac- 
ticable, they are not, in the judgment of the trustees, necessary to the 
full protection of Lane Seminary as an institution of the Presbyterian 
Church, or for the safeguarding of its teaching and funds. This 
appears from the following facts, namely : 

1. The charter itself expressly provides that " all the professors, 
tutors, teachers and instructors in the seminary shall be members of the 
Presbyterian Church, in good standing, under the care of the General 
Assembly of that Church in the United States." This provision the 
founders deemed sufficient to safeguard the teachings of the seminary, 
and it has been attested to be such by the entire history of the institution. 

2. In connection with the union of the two branches of the Presby- 
terian Church in 1869, the Board of Trustees of Lane Seminary took in 
August, 1870, the following action, which was " accepted as satisfac- 
tory " by the Assembly of 1871 (Minutes, p. 580), namely: 

" Every election of a professor in this institution shall be reported to 
the next General Assembly, and if the said Assembly shall by vote 
express its disapprobation of the election, the professorship in question 
shall be ipso facto vacant from and after such vote; it being understood 
in such case, that it is not the pleasure of this Board, that such professor 
shall continue in office.-" 

From this explicit "compact" there has not been a single deviation 
by this Board, and the trustees, for the third time, reaffirm their purpose 
and obligation to observe its provisions. 

3. The deed for the land on part of which the seminary buildings 
stand and the rest of which still constitutes one of its chief sources of 
support, contains the express provision that in case the seminary shall 
ever fail of its appointed purpose as defined by its charter, this gift shall 
be forfeited in law, and shall revert to certain organizations which are 
specifically named. Moreover, many of the subsequent donations and 
bequests to the seminary contain similar conditions and might be legally 
forfeited should the Board divert such funds from their original purpose. 

It is thus seen that the obligation to guard the endowments as well as 



468 FORM OF GOVERNMENT, CHAP. XII. 

the teachings of the seminary is as fundamental and imperative as it can 
possibly be made. It may safely be assumed that no Board, present or 
future, would ever seek to pervert a pecuniary trust so carefully pro- 
tected, and should such attempt ever be made, the courts of Ohio are 
open for its correction. 

The trustees are constrained by the foregoing considerations to declare 
as their final judgment that the proposed changes in the charter of the 
seminary are impracticable and unnecessary. 

At the same time, they most cordially affirm their loyalty to the doc- 
trines and polity of the Presbyterian Church, and solemnly avow their 
purpose to administer with fidelity the sacred trust committed to their 
care.— 1897, pp. 105-107. 

10. Action of the Assembly, 1897. 

[Note.— See this Digest, No. 13, p. 421.] 

V. UNION THEOLOGICAL SEMINARY. 

[Note. — See report on Theological Seminaries, Minutes, 1870, pp. 383-386, also pp. 63 
148, 149; Moore's Digest, 1886, pp. 383-390; and this Digest, p. 410.] 

1. The agreement of 1870. 

[Note. — See for this compact or agreement, p. 414.] 

2. The veto of Prof. Charles A. Briggs, D.D. 

It appears, then, according to the terms of the contract quoted above, 
the directors of the Union Theological Seminary have conceded to the 
Assembly the right to veto the appointment of professors; and that an 
election is complete unless vetoed by the next Assembly following the 
election. 

Your Committee would have been disposed to recommend that the 
report of the directors of the Union Theological Seminary, so far as it 
has reference to the transfer of Dr. Briggs to the Chair of Biblical 
Theology, be referred to the next Assembly, if such a disposition of the 
matter had been possible. But the Assembly has clearly no power to 
postpone action. The control of the Church over the election of Dr. 
Briggs ceases with the dissolution of the present Assembly. Your 
Committee are constrained, therefore, to say that, in their judgment, it 
is the duty of the Assembly to disapprove of the appointment of Dr. 
Briggs to the Edward Robinson Chair of Biblical Theology in the Union 
Theological Seminary. 

Your Committee desire to say, moreover, that while they are clear in 
their judgment that the Assembly has the right to. veto the appointment 
of Dr. Briggs to the Chair of Biblical Theology, it is possible to impose 
a meaning upon the apparently unambiguous phraseology of the compact 
between the General Assembly and the directors of the Union Theologi- 
cal Seminary that would lead to a different conclusion. Fairness also 
requires us to remember that the Assembly is one of the parties to the 
contract that it is called upon to construe. While your Committee are of 
the opinion that the compact in question did not contemplate the distinc- 
tion between the election of a person to be a professor, and the appoint- 
ment of one already a professor, to the work of a certain department of 
instruction, it cannot be denied that such a distinction exists, the one act 
conferring status, the other only assigning duties. 

The seemingly irregular course of the directors of the Union Theologi- 



OF THE GENERAL ASSEMBLY. 469 

cal Seminary, whereby Dr. Briggs was inducted into office, before the 
Assembly had been advised of his appointment, is doubtless to be attributed 
to their mode of construing their compact with the General Assembly. 
While your Committee are sure that the Assembly will not and should 
not admit that its right of disapproval is restricted to the original elec- 
tion of a person to a place in the faculty of the Union Theological Sem- 
inary, and while they are of the opinion that, acting according to the 
light it now has, the Assembly cannot but disapprove of the appoint- 
ment of Dr. Briggs to the professorship of Biblical Theology in that 
seminary, they are nevertheless of the opinion that in the interest of the 
mutual relations of confidence and cordial respect subsisting between the 
Union Theological Seminary and the General Assembly, it would be 
eminently proper for the Assembly to appoint a Committee to confer with 
the directors of the Union Theological Seminary in regard to the rela- 
tions of the said seminary to the General Assembly, and to report to the 
next General Assembly. 

Your Committee recommend the adoption of the following resolutions: 

1. Resolved, That in the exercise of its right to veto the appointment 
of professors in the Union Theological Seminary, the General Assembly 
hereby disapproves of the appointment of the Rev. Charles A. Briggs, 
D. D. , to the Edward Robinson Professorship of Biblical Theology in 
that seminary, by transfer from another chair in the same seminary. 

2. Resolved, That a Committee, consisting of eight ministers and seven 
ruling elders, be appointed by this Assembly to confer with the directors 
of the Union Theological Seminary in regard to the relations of the said 
seminary to the General Assembly, and to report to the next General 
Assembly.— 1891, p. 97. 

3. Report, Committee of Conference, 1892. 

[Note. — See for this report in full, and accompanying papers from the directors of 
Union Seminary, Minutes, 1892, pp. 53-67. Parts of the report are given below.] 

4. Agreement recognized as binding. 

Resolved, That this Board without surrendering its interpretation of 
said agreement, fully recognizes its binding force, until it shall be proved 
to be illegal, or shall be properly abrogated. — 1892, p. 58. 

5. Paper adopted by the joint conference, 1892. 

It is believed that the joint conferences prepared the way in a large 
degree for a better understanding between the Assembly and the semi- 
nary, and in the hope that an adjustment of the question at issue might 
be reached in the near future, the following paper was adopted by both 
bodies on January 22, 1892, and signed jointly by the chairman of your 
Committee and by President Hastings of the Union Theological Seminary: 

The paper is as follows: 

Recognizing the fact that the General Assembly and the Union 
Theological Seminary are parties to the agreement or compact of 1870, 
as contained in the memorial of the directors to the Assembly of 1870, 
and also the fact that there is a wide difference of opinion in the matter 
of the interpretation of said agreement or compact, something like the 
following might be done : 

1. Each party may fully respect the opinion of the other and con- 
clude for the present that the difference is irreconcilable. 

2. The seminary might report to the next General Assembly substan- 



470 FORM OF GOVERNMENT, CHAP. XII. 

tially that their understanding of the compact differed from that of the 
General Assembly as applied to transfers, and that, although the General 
Assembly had disapproved the appointment of Dr. Briggs, the directors 
had not seen their way clear, in view of their obligations, to do other 
than continue him in the active duties of his office. 

3. The Committee, on the other hand, might report the facts to the 
General Assembly, and, in view of the relations of the parties and in 
due recognition of their honest difference, recommend that the status quo 
be recognized, in the hope that some action may be taken which may 
lead to a harmonious adjustment of all the matters at issue. 

In accordance with the foregoing paper adopted by the Committee of 
Conference and the directors of the Union Theological Seminary, and in 
view of the facts embodied in it, your Committee recommend that the 
status quo be recognized by the Assembly, in the hope that some action 
may be taken which may lead to a harmonious adjustment of all the 
matters at issue. — 1892, pp. 59, 60. 

6. Report of Union Seminary on the status of Prof. Briggs, 1892. 

The Board, therefore, respectfully reports to the Assembly that we can 
but regard ourselves as solemnly bound by our interpretation of the 
agreement, and must discharge our duties as directors accordingly. For 
having heard, and carefully considered, all that was said by the Com- 
mittee of the General Assembly, we have seen no reason to change or 
modify our understanding of the agreement. There is an honest differ- 
ence of opinion in this matter. In 1870 this Board conceded one thing, 
and only one, to the General Assembly, viz., the right to disapprove 
the election or appointment of a professor. If Dr. Briggs had been 
elected or appointed to the Chair of Biblical Theology, the disapproval 
of the Assembly would have been decisive with us. But a professor can 
be elected in this institution only in accordance with our laws; and 
according to those laws Dr. Briggs was not elected. His inauguration 
was a ceremonial technically unnecessary, but designed only to honor 
publicly the generosity of the founder of the Chair of Biblical Theology, 
in which department Dr. Briggs had been teaching for ten years. 

Thanking the General Assembly for sending to us so able and so cour- 
teous a Committee, we join with them in their recommendation, " that 
the status quo be recognized, in the hope that some action may be taken, 
which may lead to a harmonious adjustment of all the matters at issue. ' ' 
—1892, pp. 63, 64. 

7. Request of Union Seminary for annulment of the 
agreement of 1870. 

While there exists the undoubted right of either party to the agreement 
of 1870 to act alone in its abrogation, yet this memorial is submitted 
with the earnest hope that your reverend body may cordially concur 
with us in annulling the arrangement of 1870, thus restoring Union 
Seminary to its former relations to the General Assembly. — 1892, p. 67. 

8. The Assembly declines to break the agreement of 1870. 
Having due regard to the overtures and all the other papers in the case 
of Union Theological Seminary, etc., referred to the Committee, the 
Assembly takes the following action: 



OF THE GENERAL ASSEMBLY. 471 

1. That the Assembly indorses the interpretation of the compact of 
1870 as expressed by the action of the Assembly of 1891. 

2. That the Assembly declines to be a party to the breaking of the 
compact with Union Theological Seminary. 

3. That the Assembly is persuaded that the Church should have direct 
connection with and control over its theological seminaries. — 1892, p. 176. 

9. The Assembly proffers arbitration. 

An additional paper on the arbitration of the theological seminary 
compact of 1870, in the matter of the transfer of a professor from one 
chair to another in the same seminary, was presented, adopted, and is as 
follows : 

Resolved, 1. That this General Assembly recognizes the status quo as 
to the difference of interpretation given by the directors of Union Sem- 
inary to the Theological Seminary Compact of 1870, from that given by 
the Assembly's Committee of Conference, and in accordance with the 
proposition suggested by the six members of the Committee of Conference 
in their supplementary report, this General Assembly agrees to refer the 
difference of interpretation of the said compact of 1870, as to transfers, 
to a Committee of Arbitration. 

Resolved, 2. That a Committee of five members representing this 
Assembly shall be appointed by the Moderator, which shall select five 
persons as arbitrators, to meet a like number selected by the directors of 
Union Seminary ; and these ten shall select five others ; and by the 
fifteen thus chosen shall the interpretation of this compact, viz., as to 
the transfer of a professor, be decided. — 1892, pp. 176, 177. 

10. Report on arbitration, 1893. 

On the 16th of July, 1892, the Stated Clerk of the General Assembly 
notified the Board of Directors of Union Seminary of the appointment 
of arbitrators who were to confer with said Board ; and on the 4th of 
August, 1892, the chairman of this Committee communicated the 
action of the General Assembly in regard to the appointment of arbitra- 
tors, and the duties assigned them, to Mr. E. M. Kingsley, the secretary 
or recorder of the Board of Directors of Union Seminary, and received 
from him a reply, dated August 6, 1892, in which he stated, in substance, 
that it would be impracticable for the Board of Directors to meet and 
take any action on the subject before the middle of October. 

On the 8th of November, 1892, your Committee received a communi- 
cation from the Board of Directors of Union Seminary in which they 
say: 

" Since the meeting of the General Assembly at Portland, by an 
almost unanimous vote — a vote of nineteen to one — this Board has 
rescinded the resolution of 1870, adopting the memorial to the General 
Assembly, in which a veto on the election of professors was offered to 
that body, thus terminating the special relation then constituted between 
the General Assembly and Union Seminary. By this action, the ques- 
tion whether a transfer is an election, and subject, therefore, to the 
Assembly's veto, is no longer to us an open question. Therefore, no 
further action in this matter is called for." 

As your Committee was appointed to arbitrate a single question at issue 
between the General Assembly and the Board of Directors of Union 
Seminary, and as the foregoing action of the Board of Directors, taken, 



472 FORM OF GOVERNMENT, CHAP. XII. 

as we understand, on the 13th of October, 1892, without waiting for a 
conference with the Assembly's Committee, shows that the Board has 
declined to have the question at issue arbitrated. — 1893, p. 159. 

11. The resolution of the directors, May 16, 1870, rescinded; and 
the arrangement between the Union Theological Seminary and 
the General Assembly alleged to be terminated. 

The following communication was received: 

"New York, October 15, 1892. 
" At a special meeting of the Board of Directors of this institution, 
held on the 13th inst., ' to consider the relations of the seminary to the 
General Assembly, ' the paper herewith enclosed, after the most careful 
and deliberate consideration, was adopted with singular unanimity. 

E. M. Kingsley, Recorder." 

The Board of Directors of the Union Theological Seminary in the city 
of New York addressed a memorial to the General Assembly of the 
Presbyterian Church in the United States of America, which met at 
Portland, May 19, 1892. In that paper we stated, with the utmost 
courtesy, some of the practical reasons which render it necessary, in our 
judgment, that the veto power conceded to the General Assembly in 
1870 should no longer reside in that body. The memorial concluded 
with this language: " There are other and weighty considerations which 
we have preferred not to urge. While there exists the undoubted right 
of either party to the agreement of 1870 to act alone in its abrogation, 
yet this memorial is submitted with the earnest hope that your reverend 
body may cordially concur with us in annulling the arrangement of 1870, 
thus restoring Union Seminary to its former relations to the General 
Assembly." The hope thus expressed was disappointed. With no 
official notice whatever of the reasons assigned by us, the answer to our 
memorial was: " That the Assembly declines to be a party to the break- 
ing of the compact with Union Theological Seminary." In view of 
this action of the late General Assembly, we are constrained now to urge 
those considerations which we had preferred to reserve. They are 
constitutional and legal. 

1. The Constitutional Considerations. — There is no provision whatever 
in our charter or Constitution for " the principle of Synodical or Assem- 
bly supervision." The Committees on Reunion and both Assemblies in 
1869 recognized this important fact, and advised the introduction of 
that principle into our Constitution. Upon this advice no action was 
taken. The Constitution was not changed. Therefore the seminary 
could not rightfully give, and the Assembly could not rightfully receive 
or exercise, the veto power under our existing charter and Constitution. 

2. The Legal Considerations. — Since the action of the General Assem- 
bly at Portland, our Board has obtained the best legal advice as to the 
points at issue between the seminary and the Assembly. This advice 
leaves us no room to doubt that, under the laws of the State of New 
York, the attempted agreement of 1870 was beyond the powers of the 
Board of Directors of the seminary. We " cannot abdicate any of our 
official duties in whole or in part. ' ' 

Therefore, as the sole directors of Union Seminary, we are compelled 
by the practical considerations presented in our memorial, and by consti- 
tutional and legal considerations, to maintain our rights and to fulfill our 



OF THE GENERAL ASSEMBLY. 473 

chartered obligations, which can be neither surrendered nor shared. In 
this action we regret deeply that we have been refused that concurrence 
of the Assembly which we respectfully asked, and which would have done 
much towards softening the past and relieving the present. Obliged to 
act alone for the protection of the institution committed to our care, and 
actuated by sincere regard for the highest interests both of Union Sem- 
inary and of the Church we love, we do now 

1. Resolve, That the resolution passed May 16, 1870, adopting the 
memorial to the General Assembly of the Presbyterian Church in the 
United States of America, which provided that all appointments of 
professors " shall be reported to the General Assembly, and no such 
appointment of professor shall be considered as a complete election if 
disapproved by a majority vote of the Assembly," be, and the same is, 
hereby rescinded. 

2. Resolve, That the said arrangement between the Union Theological 
Seminary in the city of New York and the General Assembly of the 
Presbyterian Church in the United States of America be, and the 
same is, hereby terminated; thus reinstating the relations between the 
seminary and the General Assembly as they existed prior to May, 1870. 

3. Resolve, That official notice of the action be duly given to the Gen- 
eral Assembly, and also to the public, with the assurance of the undim- 
inished loyalty of Union Seminary to the doctrine and government of 
the Presbyterian Church in the United States of America, to which the 
directors and faculty are personally bound by their official vow, and of 
our earnest desire for the restoration of our former relations to the 
General Assembly.— 1893, pp. 157, 158. 

12. Action of the Assembly, 1893. All responsibility for teaching 
disavowed. Reports declined. 

The report of the Standing Committee on Theological Seminaries, to 
which the above communication was referred, was adopted: 

To the special communication from the directors of Union Seminary, 
your Committee have given careful and prolonged consideration. While 
they would recommend the Assembly to recognize the fact that the 
directors of Union Seminary have declared, upon their own motion and 
authority, that the compact of 1870 is void and of no binding effect, 
and while insisting that such action is wholly without warrant, yet they 
advise the Assembly, for the present, simply to place on record, by way 
of protest, its view of the situation. 

For twenty-one years the most cordial relations existed between Union 
Theological Seminary and the General Assembly. In the discharge of 
what seemed its plain but most painful duty, the General Assembly at 
Detroit declared its disapproval of the appointment of Prof. Briggs to 
the Chair of Biblical Theology. The Board of Directors, instead of 
removing Dr. Briggs, or at least requiring him to desist from teaching 
in the seminary until the question at issue between the Assembly and 
the seminary as to the full and proper meaning of the compact had 
been decided, resolved to continue Dr. Briggs in the chair which the 
Assembly had declared he ought not to occupy. This action was the 
more questionable, because the Assembly appointed a Committee of 
fifteen " to confer with the directors of the Union Theological Seminary 
in regard to the relation of the said seminary to the General Assembly. " 

This conference resulted in practical failure to remove the misunder- 



474 FORM OF GOVERNMENT, CHAP. XII. 

standing, and it was so reported to the Assembly of 1892, meeting in 
Portland. That Assembly appointed five arbitrators to meet a like 
number selected by the directors of Union Seminary, with power to 
select five others, to determine the interpretation of the compact, viz., 
as to the transfer of a professor. The Stated Clerk of the Assembly 
notified the directors of the seminary on July 16, 1892, that the Assem- 
bly had appointed such a Committee of Arbitration. On the 4th of 
August, Dr. T. Ralston Smith, chairman of the Committee, addressed a 
similar communication to the directors. To this letter the recorder of 
the Board responded that the Board could not take any action before 
the middle of October. On the 15th of October, the Board of Direc- 
tors met and resolved to terminate the compact. This action was taken 
nearly three months after the Board had been officially informed of the 
appointment of a Committee of Arbitration, and before any opportunity 
was given to the Committee of the General Assembly to present their 
case. This extraordinary action of the Board of Directors is inexplica- 
ble to the Assembly. The high character of the gentlemen composing 
the Board fully warranted the expectation that so fair a proposition as 
that of arbitration would not be treated in such a way. While there 
remained to the Assembly the hope that by conference or arbitration 
the difficulty that had arisen would be removed, the Assembly did not 
think it best to discuss the points raised by the directors of Union 
Seminary in attempted justification of their action. But now the 
Assembly takes issue with the statement made in the memorial presented 
to the Portland Assembly that " there exists the undoubted right of 
either party to the agreement of 1870 to act alone in its abrogation." 
No such right is expressed in the agreement, and, in the nature of things> 
no agreement where valuable interests are involved., not to say valuable 
considerations are given and received, can in good morals be abrogated 
by one party to the agreement without the consent and against the 
expressed desire of the other party. The claim that the words of Dr. 
Musgrave, spoken in the Old School Assembly of 1869, and quoted by 
the directors in their memorial to the Portland Assembly, give warrant 
to either party to abrogate the agreement, is not in accordance with a 
proper understanding of those words. The "declaration" referred to 
by Dr. Musgrave was not a compact or covenant as one of the terms of 
reunion. The relation of the seminaries to the Assembly was a difficult 
problem. The arrangement in the "declaration ' ' he was discussing proved 
to be unacceptable to Union Seminary, and was not adopted. The 
following year Union Seminary came to the Assembly with a memorial 
setting forth an arrangement which was accepted by the Assembly and 
agreed to by all the seminaries. This is the compact or arrangement, 
not discussed by Dr. Musgrave in 1869, which Union Seminary has 
declared on its own motion that it has abrogated. Whatever force the 
constitutional and legal objections may have to the making and continu- 
ance of such a compact by the directors, there was an easy and simple 
way to remove them if the directors so desired. The Legislature of the 
State of New York would doubtless have amended the charter if the 
directors had requested it. 

Because, then, of the strange and unwarranted action of the directors 
in retaining Dr. Briggs after his appointment had been disapproved by 
the Assembly; and because of the refusal by the directors to arbitrate 
the single point in dispute between the Assembly and the Board; and 



OF THE GENERAL ASSEMBLY. 475 

because of the attempt by the Board and on its own motion and against 
the expressed desire of the Assembly to abrogate the compact of 1870, 
the Assembly disavows all responsibility for the teaching of Union Sem- 
inary, and declines to receive any report from its Board until satisfactory 
relations are established. The Assembly, however, cherishes the hope, 
and will cordially welcome any effort to bring Union Seminary into such 
a relationship with itself, as will enable the Assembly to commend the 
institution again to students for the ministry. — 1893, p. 161. 

13. The Board of Education enjoined to aid such students only as 
are in attendance upon seminaries approved by the Assembly. 

Your Committee would further recommend that the Board of Educa- 
tion be enjoined to give aid to such students only as may be in attendance 
upon seminaries approved by the Assembly. Adopted. — 1893, p. 161. 

14. Action of the directors on the Assembly's plan of 1894. 

Whereas, The General Assembly's Committee of Conference with the 
Theological Seminaries, through its chairman, the Rev. William C. 
Young, D.D., has, under date of September 1, 1894, requested the 
Board of Directors of Union Theological Seminary to adopt the recom- 
mendations of the General Assembly with reference to the amendment of 
our charter, and in case of our unwillingness to do so, has asked us to 
arrange for a conference, therefore, 

Resolved, That the Board of Directors of Union Theological Seminary 
respectfully declines to accede to the recommendation of the General 
Assembly to seek the amendment of our charter, and hence considers a 
conference unnecessary. — 1895, p. 160. 

15. Action of the Assembly, 1896. 

The Committee of Conference with the Theological Seminaries also 
reported on certain inquiries concerning Union Seminary, which it was 
directed to make. The report was adopted, and is as follows: 

In reply to the request made by the General Assembly of this Commit- 
tee, to inquire into and report to the next General Assembly as to the rights 
of the Presbyterian Church in the United States of America, in the 
property now held by the Union Theological Seminary in the city of 
New York, and to recommend what measures shall be taken to enforce 
said rights, we respectfully submit that the property and funds held by 
the Union Seminary, contributed during the existence of the compact 
between the seminary and the General Assembly, viz., between 1870-92, 
were contributed to it as a seminary which had entered into such rela- 
tions with the General Assembly as gave the Assembly control over the 
election of its professors and secured to it the Assembly's expressed 
approval, and thus enabled it to secure a large sum from the Memorial 
Fund of 1870, under the definite understanding that it had positive 
connection with* the Presbyterian Church as a seminary; and that it had, 
during this period, definitely recognized this relation in its appeals for an 
increased endowment; and we furthermore report that in view of the 
repudiation by the seminary of the compact of 1870, and the disregard 
of the Assembly's authority and discipline in the case of one of its 
professors, who, notwithstanding his suspension by the General Assem- 
bly, is retained in his position in the seminary, we are compelled to 
believe and to report that the present administration of the funds is not 
in accord with the intention of the donors during the period above 



476 FORM OF GOVERNMENT, CHAP. XII. 

named. Nevertheless, while we are compelled to make this declaration, 
we deem it inexpedient to recommend the General Assembly at the 
present time to enter into any contest in the matter of the endowments 
and property of the seminary, choosing rather to leave the whole matter 
to the honor and stewardship of those now in charge of the seminary. 
—1896, p. 123. 

VI. DANVILLE THEOLOGICAL SEMINARY. * 

[Note. — Located at Danville, Ky. 

For preliminary proceedings see Baird's Digest, 1858, pp. 447-453 ; see also for action 
of the Assembly, Moore's Digest, 1886, p. 390-393.] 

1. Plan as amended by the Assembly of 1873. 
I. Location — Name. 

1. The General Assembly of 1853, upon the careful consideration of 
the whole subject, located this theological seminary at Danville in the 
State of Kentucky. 

§ The minutes of that Assembly show upon what numerous and 
urgent appeals the question of founding this seminary was taken up. 
They also show that it was by a unanimous vote of the Assembly that 
it was resolved to found the seminary ; and by another unanimous vote 
resolved to determine its location by the vote of the Assembly then met. 

2. The commissioners in that Assembly from the Presbyteries within 
the bounds of the Synod of Kentucky, proposed in writing that if the 
Assembly would erect and sustain a theological seminary under its 
own care, of the first class, to be located in the West, the Synod and 
people of Kentucky would contribute the sum of $20,000 towards the 
endowment of one chair in said seminary, irrespective of its particular 
location. But if the seminary should be located at Danville, in the 
State of Kentucky, then the Synod and people of that State would give 
the sum of $60,000 towards the endowment of three chairs in said 
seminary; and would also furnish not less than ten acres of land as a site 
for the perpetual location of it; and would secure to the Assembly, by 
proper covenants, the use of such charters and franchises then held, or 
that might afterwards be obtained from the civil authorities of the State 
of Kentucky, as would enable the General Assembly to erect, endow, 
manage, and carry on perpetually, under its own care and control, a 
theological seminary of the first class. 

§ Full proof is in possession of this Assembly of 1854, and is pub- 
lished by its authority, that all these undertakings have been complied 
with by the Synod and people of Kentucky, and some of the more 
important of them exceeded. The location of the seminary at Danville 
in Kentucky by the Assembly of 1853, and the pledge of that Assem- 
bly to strive with Divine aid to erect, endow, and sustain the said 
seminary, under its own care and as one of the first* class, are both 
hereby, and in consideration of the premises, ratified and made perma- 
nent and absolute. 

§ The agreement by way of covenant between the General Assembly 
by its Committee appointed in 1853 on the one side, and the Board of 
Trustees of the Centre College of Kentucky on the other side, which 
has been laid before the Assembly of 1854, is hereby ratified in its terms. 
And the further agreement between the said Committee of the Assem- 
bly on the one side and the Synod of Kentucky on the other side, by 



OF THE GENERAL ASSEMBLY. 477 

way of covenant, is hereby ratified in its terms. And the additional 
charter obtained by the said Committee from the Legislature of Ken- 
tucky, and the amendment thereto, are accepted and ratified in the terms 
thereof by this Assembly. And both of said agreements, and also the 
said additional charter with its amendment, are made parts of the 
permanent plan on which the theological seminary to which they all 
relate, is to be erected, endowed, sustained, and controlled by the General 
Assembly of the Presbyterian Church in the United States of America. 

3. The name and. style of the said theological seminary shall be and 
continue as enacted by the General Assembly of 1853, in the acts erect- 
ing and organizing it, and as confirmed in the charter and its amendment 
granted by the Legislature of Kentucky on the application of the Com- 
mittee of the Assembly, " The Danville Theological Seminary under the 
care of the General Assembly of the Presbyterian Church in the United 
States of America." 

II. Design of the institution — Mode of conducting it. 

1. The design of this seminary is to provide the means for the proper 
professional training of candidates for the ministry of the Gospel. 

§ Candidates for the ministry who are members of the Presbyterian 
Church in the United States, are those who are chiefly designed to be 
benefited, and who are in the first instance to be considered and provided 
for. 

§ Other suitable persons, of which the proper officers of the institution 
must judge, may enjoy the privileges of the seminary, though they be 
candidates for the ministry in other denominations or already ministers 
of the Gospel, upon their complying with all the rules and orders obliga- 
tory upon the other students. 

§ No charge shall be made for any instruction given to the students in 
this seminary by any professor or teacher thereof. So far as the students 
are concerned, all instruction is gratuitous to all. 

2. By professional training it is designed to exclude from the course of 
instruction pursued in this seminary whatever falls appropriately, or 
according to the custom of the country, under the departments of 
primary, academical, collegiate and university education; and to include 
all that falls specially under the department of professional education for 
a minister of the Gospel, so as to fit him for whatever work the Church 
may properly expect of him as such. The acquisitions excluded, the 
student is presumed to have made as far as is necessary to his success in 
the ministry before he comes to this seminary. The portion included, it 
is the design of this institution to afford the means of obtaining. 

§ The Standards of the Presbyterian Church; the acts of its General 
Assemblies passed from time to time ; this plan ; the orders of the Board 
of Directors of this seminary; and the decisions of its faculty and the 
several professors who at any time compose it, must determine the proper 
course of that professional training, so far as this seminary is concerned, 
and the proper mode of pursuing it. 

§ That professional training in its appropriate sphere, must be under- 
stood as extending to everything, seeing that it contemplates a profession 
the most peculiar, the most difficult, and the most exalted. Not only 
that which is social and public, but also that which is private and per- 
sonal; not only study and instruction, but discipline and practice; not 
only growth in knowledge, but growth in grace also; everything is to be 



478 FORM OF GOVERNMENT, CHAP. XII. 

embraced, according to its importance in the future career of a minister 
of the blessed Gospel. 

3. As this institution derives its origin from the General Assembly, 
that body is to be considered its patron and the fountain of its powers; 
and it shall be conducted under the authority, oversight and care of the 
General Assembly. 

§ Its immediate interests, in their various aspects and departments, 
are committed in part to the control and discretion of the Board of 
Directors; in part to that of the faculty, made up of the professors for 
the time being; and in part to that of the Board of Trustees under the 
charter of the seminary. 

§ A chapter in this plan is devoted to each of these subordinate 
authorities, and an additional one to the students of the institution. 
Under these four heads, all the general principles and all the detailed 
application of them further necessary in a plan like this, will be stated. 

III. The Board of Directors. 

1. The Board of Directors as constituted at the expiration of the 
sessions of the General Assembly of 1873, and their successors appointed 
in the manner hereafter provided for, shall have the immediate control 
of the seminary, and are authorized to exercise all the control of the 
funds belonging to the iustitution hitherto exercised by the Assembly, as 
far as can be done consistently with the will of the testators or donors, 
and consistently with the objects and purposes of the covenants 
and agreements referred to in the plan of the seminary — the 
exercise, however, of such control of the funds by the Board of Direc- 
tors hereby authorized being always subject to the veto of the General 
Assembly. But all matters relating to finance, such as fixing the salary 
of professors and the extent of aid to be given to indigent students, shall 
be submitted by the Board of Directors to the trustees of the seminary 
for their approval. 

The true and only intent and meaning of the amendments and changes 
now made in the plan of the seminary, are, through the enlarged powers 
of general administration herein conferred upon the Board of Directors, 
to provide a more convenient and effective mode of executing by the 
General Assembly, through said Board, the trusts it now holds in refer- 
ence to the seminary and its funds, and to increase, by a more efficient 
local administration, the usefulness of the institution for the purposes for 
which it was established. 

§ The Board of Directors shall consist of thirty members, of whom 
one-half shall be ministers of the Gospel, and the other half ruling 
elders in good standing in the Presbyterian Church in the United States 
of America. These directors shall be divided into three sections of ten 
persons each, one-half of each section being ministers of the Gospel, 
and the other half ruling elders ; and one of these sections of ten persons 
shall be elected by the Board of Directors, and all vacancies filled in the 
two other sections, at each annual meeting of the Board in such manner 
that each section shall serve three years and until their successors are 
elected; and the third part of the whole Board shall be elected every 
year. The form of the election shall be as the Board, from time to time, 
shall prescribe; and all these elections shall be subject to the veto of the 
General Assembly, to which body they shall be reported at its next 
meeting thereafter. 



OF THE GENERAL ASSEMBLY. 479 

The members of the Board appointed by the General Assemblies of 
1871, 1872 and 1873, shall serve out the terms for which they were 
respectively appointed; and the first election by the Board itself shall be 
made at the annual meeting in 1874, to fill all vacancies that may exist 
at that time in its body. 

§ Every director, before he takes his seat as such, shall subscribe in 
the presence of the Board a written declaration, to be kept in a book for 
that purpose, that he sincerely and truly receives and adopts the Stand- 
ards of doctrine, government, discipline and worship of our Presbyterian 
Church. And every director who refuses or who fails, without some 
sufficient excuse, for one whole year next after his election to appear and 
qualify and take his seat, shall thereby forfeit his right to do so, and his 
place shall thereon become vacant. 

§ The Board of Directors shall meet on its own adjournment, or it may 
be convened by a call on due notice of any one of its permanent officers, 
or by any five members of the Board. Its ordinary place of meeting 
shall be Danville in Kentucky; but it may meet at any other place where 
the convenience of the Board, or the interests of the seminary, may 
require it. Any six members met together at the time and place previ- 
ously appointed, shall be a quorum competent to transact any business 
not specially excepted. The annual meeting of the Board shall be at 
the seminary, about the close of the seminary year, and shortly before 
the annual meeting of the Assembly. 

2. The Board of Directors shall have power to elect the professors, 
and to remove them from office — such election and removal being subject 
to the veto of the General Assembly. The said Board shall also have 
power to suspend temporarily a professor, preliminary to and pending an 
investigation of charges against his life or doctrine. In the event of a 
vacancy in any chair of the seminary, they may employ any suitable 
person to give instruction temporarily in the vacant department ; and 
they may also, upon the recommendation of the faculty of the semi- 
nary, engage the services of any suitable person to give occasional instruc- 
tion to the pupils upon anyiparticnlar subject. 

§ They shall have power to make all necessary by-laws, rules and 
regulations for the transaction of their official business as may seem 
necessary, and to change them from time to time; but none of them must 
conflict with this Plan. 

§ They may appoint Permanent Committees, having all the powers of 
the Board or any part thereof, to act during the recess of the Board. 
But all such Committees must report at every meeting of the Board, and 
all of them must be renewed a least once every year, or their powers 
cease. • 

§ They may also appoint such officers, agents and servants — members 
of the Board — to exercise certain powers thereof; or not members of 
the Board, to discharge certain functions on its behalf, as may be thought 
necessary from time to time. And such compensation may be allowed to 
such persons as the Board may consider reasonable, out of any funds 
subject to control of the Board. 

3. It appertains to the Board of Directors to exercise a general super- 
vision over the professors, teachers and pupils of the seminary; to take 
care of all the great interests thereof; and, standing between the semi- 
nary and the General Assembly, to be the ordinary medium of communi- 
cation between them. 



480 FORM OF GOVERNMENT, CHAP. XII. 

§ The special object of this arrangement is, that on the one hand the 
Assembly may have the assurance, derived from the careful superinten- 
dence of the Board of Directors, that its acts and purposes are fairly and 
truly carried out in the seminary, and with regard to it; and on the other 
hand, that on the part of the professors, teachers, students, and 
general interests of the seminary, such representations may be statedly 
made to the Assembly as will encourage and enable it to execute the 
Lord's purposes of mercy by this means. 

§ The management of the funds and property and the care and execu- 
tion of the charter and franchises belonging to the seminary, are duties 
and powers which do not appertain to the Board of Directors. But for 
the furtherance of particular objects, which may be at any time specially 
important, and which may not fall under the particular duties of the 
Board of Trustees, the Board of Directors may collect, manage and 
expend, temporarily or permanently, such funds as may be necessary ; 
keeping a regular account and making report thereof to the General 
Assembly. 

§ Whatever money may at any time be collected, managed or expended 
by the Board of Directors, or under its authority, shall be kept perfectly 
distinct from the permanent funds of the seminary. 

4. At all the meetings of the Board of Directors, there shall be such 
religious services as shall seem expedient to the Board. And at its 
annual meeting there shall be such examinations or other exercises, pub- 
lic or private, of the students of the seminary, as the Board may direct. 
At its annual meeting, also, the Board shall draw up a report and cause 
it to be laid before the General Assembly, giving a succinct account 
of the preceding year's operations, and containing such suggestions and 
recommendations as the Board may consider it proper to make to the 
Assembly. 

5. The exact period of each year at which the exercises of the seminary 
will commence, and that at which they will close ; the number and the length 
of the terms and of vacations; everything relating to exhibitions, exam- 
inations and public exercises ; together with matters of a similar character, 
belong to the Board of Directors, and are to be determined from time to 
time, after conference with the professors, in such manner as may seem 
most proper; the General Assembly hereby reserving to itself the power to 
make such further provision touching all such matters as it may at any 
time consider necessary. 

§ If it should so happen that less than six members of the Board of 
Directors should convene at the time and place appointed for any regular 
meeting of the Board, that shall not absolutely defeat the meeting; but as 
many directors as may be present shall proceed with such ordinary busi- 
ness as may require attention, and their actings and doings shall be valid 
unless they are rescinded at the next regular meeting of a quorum of 
the Board. 

§ It shall be the duty of the Board of Directors to take care that the 
periodical elections of the members of the Board are not omitted; that 
vacancies in the office of professor in the seminary are duly filled; that 
newly elected directors and professors are duly inducted into office ; that 
all persons in any way connected with the Seminary faithfully perform 
their respective duties; and that all the interests of the institution are 
regularly organized and faithfully advanced, according to the great 
design had in view in its establishment and support. 



OF THE GENERAL ASSEMBLY. 481 

§ The Board of Directors shall keep a fair journal of all their proceed- 
ings, which shall be open at all times to the inspection of the Assembly, 
by Committee or otherwise, and which shall be laid before the Assembly 
whenever that body shall require it. 

IV. The Professors— The Faculty. 

1. The professors in this seminary shall be elected by the Board of 
Directors at any of their regular meetings or at a meeting specially called 
for that purpose, and of which due notice shall have been given. The 
manner of the election shall be as the Board shall deem proper at the 
time. 

§ They shall hold their respective offices during the pleasure of the 
Board of Directors. But a quorum of the Board competent to dismiss a 
professor shall consist of not less than one-half of all the members. 

§ No professor shall ever be elected except to fill a chair actually exist- 
ing and vacant ; nor shall any professor ever receive merely honorary 
authority or compensation for past services or otherwise. 

§ No one shall be competent to hold the office of professor who is not 
an ordained minister in good standing in the Presbyterian Church, and 
who shall not have been statedly engaged as such in some employment 
immediately connected with the cure of souls for at least five years pre- 
ceding his election. 

2. The number of professors in this seminary shall be increased or 
diminished at the pleasure of the Board of Directors. But the Board 
shall at all times feel obliged in this as in all other respects to treat this 
seminary as one of the first class. 

§ The professors shall be inaugurated in such manner as the Board of 
Directors shall prescribe. 

§ As a part of that service, and before any professor enters upon the 
duties of his office, he shall publicly profess that the Standards of doctrine, 
government, discipline and worship of this Church are the Standards of 
his own faith ; and he shall subscribe a writing, to be kept in a book for 
that purpose, setting forth that he has made the said public profession, 
and solemnly binding himself diligently to teach the system contained in 
said Standards, and to teach nothing contrary to that system so long as he 
shall continue a professor in this seminary. 

§ Every professor who shall fail or refuse to be inaugurated in manner 
aforesaid, in a reasonable time (to be judged of by the Board of Direc- 
tors) after his election, shall thereby forfeit all right to said office, which 
shall thenceforth be treated as vacant. 

§ No professor after being inaugurated shall be at liberty to resign his 
office, except upon six months' written notice to the faculty of the semi- 
nary, unless by the consent of the Board of Directors in some lawful 
meeting. 

3. The professors shall be of equal rank and authority one with another. 
But when they meet as a faculty, and when they act jointly upon any 
occasion, the senior professor present shall preside ; and he shall perform 
in the name of the whole all joint official acts. If two or more professors 
were elected at the same time, the one longest in the ministerial office shall 
be considered the senior one of them. The faculty shall elect one of 
their number to act as their Stated Clerk, who shall perform the duties 
proper to that office. 

§ Unitedly the professors shall constitute the faculty of the seminary. 
31 



482 FORM OF GOVERNMENT, CHAP. XII. 

The majority of the professors in office shall be a quorum to do business. 
In all meetings every matter shall be determined according to the votes of 
the larger part of those present, the presiding professor having always a 
right to vote. 

§ Each professor shall devote himself to the duties of the particular 
department of instruction committed to him. And the faculty as a body 
shall have a joint advisory oversight of the conduct of each separate pro- 
fessor, as to the manner in which his duties are discharged. 

4. At present, and till the further order of the Board of Directors, 
there shall be four professors in this seminary; and till the further order 
of said Board, the subjects of instruction distributed amongst them shall 
be as hereinafter provided ; namely, there shall be a professor of Didactic 
and Polemic Theology; a professor of Biblical and Ecclesiastical His- 
tory; a professor of Church Government and Pastoral Theology; a pro- 
fessor of Biblical Literature and Exegetical Theology. 

§ It shall be the duty of these professors to give instruction in the 
various matters that fall appropriately to their respective professorships; 
and in the event of any difference of opinion amongst them on that 
matter, it shall be settled by the faculty, subject to the revision of the 
Board of Directors. 

§ In every department of instruction, under every prof essorship, it is 
the Word of God that is to be kept as much as possible under the con- 
tinual observation of the students. Nor is it either expected or desired 
that the lines between subject and subject, or even chair and chair, 
should be drawn in any such manner as to exclude any professor from 
teaching according to the proportion of faith on all subjects whatever. 

5. It shall be the duty of the professors, individually and collectively, 
to watch over the students with pastoral and parental care and affection ; 
to have regard to all that concerns their health, comfort, piety, progress 
in knowledge and whatever beside may affect their future usefulness as 
ministers of the Gospel, remembering the greatness of the charge com- 
mitted to them of training those who are to win souls. 

§ It appertains to them to exhort, encourage, instruct, guide, and, if 
need be, rebuke, those who are thus committed to them by the Church 
and the Lord — they having authority for these very things. 

§ It belongs to them to admit students into the seminary ; to direct 
them while they are there ; to refuse such as they may consider unsuit- 
able, incompetent, or unprofitable; to dismiss such as may prove them- 
selves to be unworthy or injurious ; to grant suitable testimonials to such 
as depart with profit and credit; and to take charge of the entire disci- 
pline of the seminary for the edification of the students, and through 
them for the good of the Church. 

§ They shall meet as a faculty from time to time, statedly or otherwise, 
and shall keep minutes of such of their proceedings as they deem proper 
to be recorded ; and they may make such by-laws, rules and regulations, 
touching any part of the matters devolving on them, as may from time 
to time appear needful. Moreover, they shall always meet as a faculty 
at the request of any member, whose duty it shall then be to notify his 
fellow- members of his desire for such a meeting. 

§ They shall have power as a faculty to communicate officially with 
the Board of Directors, with the several Boards of Trustees, and with 
the General Assembly; and it shall be their duty, upon application of 
any of these Boards, and upon requisition of the Assembly, to report 



OF THE GENERAL ASSEMBLY. 483 

either statedly or occasionally, as may be necessary, such information 
touching the proceedings and condition of the seminary as may be 
desired. 

6. The matter of text -books m each particular department is left to 
the professor thereof, with a supervisory power, however, in the faculty 
in extraordinary cases, of which they are the judges. 

§ It is not intended to intimate that instruction by particular text- 
books and recitations is preferred as the best method in professional train- 
ing. On the contrary, let the professors, each in his own department, 
strive to gather from all quarters all treasures of pertinent knowledge, 
and communicate them to the students by way of lectures, discourses, 
prelections and the like; striving by proper examinations of the students 
.to ground these fruits in their minds; enabling them by proper exercises 
on their part to gain the habit of their use; and making known to 
them carefully where in books further researches may be made, and how. 

§ The method to be pursued in the actual imparting of instruction 
may be this: In the Hebrew language, let the whole number of students 
be divided into two sections, one composed of those who are advanced 
considerably in the knowledge of that language, the other, of those who 
are beginners in it. In every other study let the whole of the students 
attend every professor at every public exercise ; and let every student 
attend two or three of these exercises every day that is devoted to them. 

§ In the proper arrangement of the instructions given by the professors, 
every one of them in every part of his course ought to touch at every 
point that divine truth with which it should be the supreme object of all 
their endeavors to imbue their pupils, not only as a doctrine, but as a 
living power; so that during the whole course of the student, the whole 
of his sacred profession as a minister of Christ will be always in view; 
nothing that concerns his proper training for it being at any time lost 
sight of, and nothing else being at any time intruded among his studies. 

§ Let it be continually borne in mind that it is not merely to direct and 
to superintend the studies of the pupils that the professors are appointed to 
their great and difficult work, but it is actually to instruct them ; and that 
even above this there is a higher duty still, namely, to train them in 
such a manner that they will afterwards be competent to instruct and 
train others. 

7. The public and social worship of God on the Sabbath and statedly 
every day, and specially as often as may be for edification, is committed 
to the regulation of the faculty for the benefit of all connected with the 
seminary. 

§ Once every day at least let all the students, assembled in one place, 
worship God with singing, prayer, and the public reading of the Word ; 
once at least every Sabbath day let them all meet in one place, and 
besides singing, prayer, and reading the Word, let them have conference 
together touching some great matter of doctrine or duty, of faith or 
practice ; and statedly let at least one professor be present with them at 
all the meetings indicated in this paragraph. 

§ It shall be the duty of the professors, under the direction of the 
Board of Directors, to supply the pupils of the institution with the 
preaching of the Gospel and the administration of the sacraments of 
the Christian Church, if this supply shall not, in the judgment of the 
directors, be satisfactorily furnished by some neighboring church or 
churches. 



484 FORM OF GOVERNMENT, CHAP. XII. 

8. The full course of instruction given in this seminary shall occupy 
three consecutive years; so that every student who may continue in it 
that length of time shall enjoy all the advantages afforded by it. 

§ Every professor shall arrange the subjects and studies of his particu- 
lar department, in such a manner as most effectually to present and 
develop the whole once and thoroughly within each period of three 
consecutive years. 

9. The salaries of the professors shall be fixed by the Board of 
Directors. 

§ It was enacted by the Assembly of 1853, that a suitable residence 
should be provided for each professor free of rent, as soon as the funds of 
the seminary would justify the purchase or erection thereof. 

§ The payment of the salaries of the professors, is in the order of 
importance the first charge upon the permanent funds of the seminary ; 
after that the erection of suitable public buildings ; then the enlargement 
of the library ; then the erection or purchase of residences for the pro- 
fessors ; then scholarships for students. 

10. No professor shall be a member of either the Board of Directors or 
the . Board of Trustees ; and the acceptance of a professorship by any 
member of either of the Boards named shall be regarded as ipso facta 
the resignation of his seat therein. 

V. Boards of Trustees — Funds. 

1. There are three Boards of Trustees more or less directly connected 
with the theological seminary at Danville, and having charters of great 
value. 

First. — The Board of Trustees of the Centre College of Kentucky has 
an amended charter, granted by the Commonwealth of Kentucky in the 
year 1824, by means of which any amount of funds may be held by 
that Board of Trustees for the purposes of theological education on the 
terms stated therein. That Board of Trustees and the Synod of Ken- 
tucky which elects them have both agreed, by way of covenant with the 
General Assembly, that the benefits of this amended charter shall accrue 
to the Danville Theological Seminary; and by similar covenants the 
annual income of a considerable fund now held by that Board under 
that charter, together with all future additions thereto, are to be for the 
use and benefit of the said seminary upon the conditions agreed to by 
the Assembly in its acts creating the seminary. 

Secondly. — The Board of Trustees of the theological fund of the 
Synod of Kentucky, who are elected by the Synod of Kentucky, have a 
charter granted by the Commonwealth of Kentucky in the year 1850, 
by means of which they may hold property to the value of $50,000, with 
an income of $5000 a year ; and they have in their hands a large sum of 
money contributed by a portion of the people of Kentucky, which is 
subject to the control of the Synod of Kentucky, and is dedicated to the 
purposes of theological education. The use of this charter and of the 
fund held under it, and of all future additions to it, has been vested in 
the General Assembly for the benefit of the theological seminary at 
Danville, by covenant between the Synod of Kentucky and the General 
Assembly, upon the same terms and conditions as the charter and funds 
alluded to in the last preceding paragraph. 

Thirdly. — The Board of Trustees of the theological seminary under 
the care of the General Assembly of the Presbyterian Church in the 



OF THE GENERAL ASSEMBLY. 485 

United States of America has a charter granted to them by the Com- 
monwealth of Kentucky in the year 1854, by means of which they may 
hold property to any amount whose net income does not exceed the sum 
of $20,000 a year, the trustees of which corporation are to be elected 
by the General Assembly itself, and were created expressly to manage 
the funds of the Danville Seminary and such other funds as the General 
Assembly may commit to them for any other object designated by itself; 
and these trustees have a large fund in their hands already accumulated, 
the whole of it subscribed upon the conditions stated in the acts of 
Assembly creating the Danville Theological Seminary. 

2. Each of these Boards of Trustees may go on at its discretion to 
collect additional funds for the benefit of the Danville Theological 
Seminary, according to the provisions of their respective charters, and 
upon the conditions stated in all the acts of the Assembly and all the 
covenants with the Assembly relating to said seminary and distinctly 
reaffirmed in this Plan. 

§ For the purpose of avoiding confusion and a multiplicity of 
accounts, only the third named of the three Boards of Trustees herein- 
before mentioned need report from year to year to the General Assembly ; 
but that Board is expected and required to do so according to the provis- 
ion contained in the eleventh section of its charter. 

§ Both of the other Boards may, however, whenever either of them 
may consider it necessary, report directly to the General Assembly. But 
it is also expected, and is hereby provided, that both of them will com- 
municate to the Board of Trustees of the seminary once in every year 
the exact state of the funds and property under their control respec- 
tively, in time to enable that Board to embody the information thus com- 
municated in its yearly report to the General Assembly ; and that both of 
them will pay over to the said Board of Trustees of the Danville Theo- 
logical Seminary the net income of all property and funds under their 
control, as fast as it accrues, at least once every half year. 

3. Out of the proceeds of the funds and property now in the hands of 
all three of the aforesaid Boards of Trustees, and out of all funds, 
subscriptions, and payments hereafter given or made to either of them, 
the Danville Seminary is to be sustained and carried on according to the 
fair intent of the acts of Assembly creating said seminary; of this 
Plan ; of the several covenants entered into by the Assembly concerning 
said seminary; and of the charters under which said Boards exist. 

§ The objects to be specially and immediately aimed at should be the 
current support of the seminary on an effective basis ; the collection and 
safe investment of a sufficient amount of money or other property to 
defray by its income the annual expense of carrying on the seminary ; 
the collection of additional funds to erect the permanent buildings need- 
ful for the accommodation of the seminary, for the founding and gradual 
enlargement of a library, and for a certain number of scholarships for 
the support of indigent students. The Board of Trustees of the semi- 
nary is especially charged with this work. 

§ The Board of Trustees of the seminary will take exclusive charge 
of the duty of providing for all expenditures incurred in the regular 
and ordinary support of the seminary, and in the current expenses 
thereof; the other two Boards of Trustees mentioned in this Plan limit- 
ing themselves in that respect to the regular payment of their income 
respectively, as hereinbefore provided. 



486 FORM OF GOVERNMENT, CHAP. XII. 

VI. The Students. 

[Omitted.] 

VII. General Provisions. 

1. The General Assembly reserves to itself the most ample power to 
make amendments and alterations in this Plan. 

§ Those parts of it that involve only matters of detail may be changed 
at any time by the Assembly, either on its own motion or at the sugges- 
tion of the Board of Directors. 

§ No fundamental principle of the Plan shall be changed unless it is 
proposed at one annual meeting of the Assembly and carried at the next 
annual meeting thereof, unless such change be proposed to the Assembly 
by the Board of Directors and carried by a vote of two-thirds of the 
members of the Assembly. 

§ Those principles and parts of the Plan which are founded on the 
covenants between the Synod of Kentucky, or the Board of Trustees of 
the Centre College of Kentucky, and the General Assembly, shall never 
be so changed as to affect the force or integrity of either of those cove- 
nants, without the previous consent of the opposite parties thereto. 

2. Until the further order of the Assembly, or some different provision 
by the Board of Directors under the powers vested in them by this 
Plan, there shall be one annual session of the seminary, which shall begin 
on the first Thursday in September and terminate on the last Thursday 
in April, with a short recess, at the discretion of the faculty, about 
Christmas. 

Authentication. 

The Committee appointed by the last General Assembly to report to 
the present Assembly a complete Plan for the Danville Theological Semi- 
nary, beg leave to report that the following members of the said Com- 
mittee, viz., J. J. Bullock, Willis Lord, J. T. Edgar, James Smith, 
K. J. Breckenridge and J. C. Young met, agreeably to previous notice, 
at Danville on the 11th inst., and agreed unanimously to submit to the 
Assembly the accompanying Plan for its adoption. 

Those parts of this Plan which define the powers and prescribe the 
duties of the Board of Directors of the seminary, were submitted to that 
Board for their judgment at their late session, and were unanimously 
approved. Those parts of the Plan touching the professors and students 
were also submitted to the inspection of the faculty of the institution, 
and met their entire approval. John C. Young, 

May 20, 1854. Chairman of the Committee. 

Approved in the General Assembly at Buffalo, N. Y., May 26, 1854, 
and transmitted to the Board of Directors of the Seminary at Danville. 

Alex. T. M'Gill, 
Permanent Clerk. 

2. Charter. 

An Act to incorporate the Trustees of the Theological Seminary, under the 
care of the General Assembly of the Presbyterian Church in the United 
States of America, at Danville, in the State of Kentucky. 

Section 1st. Be it enacted by the General Assembly of the Commonwealth of 
Kentucky, That Charles Henderson, J. F. Boyles, James S. Hopkins, Charles 
Caldwell, J. S. Berryman, Peter R. Dunn, William Thompson, Mark Hardin, 
W. C. Brooks, J. P. Curtis, Robert J. Breckinridge, Edward P. Humphrey, 



OF THE GENERAL ASSEMBLY. 487 

John C. Young, Robert C. Grundy, William M. Scott, William L. Breckin- 
ridge, John Montgomery, and Robert A. Johnstone, and their successors, duly 
elected and appointed in manner as is hereinafter directed, be, and they are 
hereby made, declared, and constituted a corporation and body politic and cor- 
porate, in law and in fact, to have continuance by the name, style, and title of 
the Trustees of the Theological Seminary, under the care of the General Assem- 
bly of the Presbyterian Church in the United States of America, at Danville, 
in*the State of Kentucky ; and by the name, style, and title aforesaid, shall be 
capable and able in law to take, receive, and hold, all, and all manner of lands, 
tenements, rents, annuities, franchises, and other hereditaments, which at any 
time ortimes heretofore have been granted, bargained, sold, enfeoffed, released, 
devised, or otherwise conveyed for the use of the Theological Seminary under the 
care of the General Assembly of the Presbyterian Church in the United States 
of America, located at Danville, in the State of Kentucky, or any other person 
or persons, to the use of the said seminary, or in trust for the same ; and the 
said lands, tenements, rents, annuities, liberties, franchises and other heredita- 
ments are hereby vested and established in the said corporation and body poli- 
tic, and their successors, according to the original use and interest for which 
such gifts and grants were respectively made : and the said corporation and 
their successors are hereby declared to be seized and possessed of such estate 
and estates therein, as in and by the respective grants, bargains, sales, enfeoff- 
ments, releases, devises, and other conveyances thereof, is or are declared, 
limited, and expressed ; also, that the said corporation and their successors shall 
be able and capable to purchase, have, receive, take, hold, and enjoy in fee 
simple or of lesser estate, or estates, any lands, tenements, rents, annuities, 
franchises and other hereditaments, by gift, grant, bargain, sale, alienation, 
enfeoffments, release, confirmation, or devise of any person or persons, bodies 
politic and corporate, capable and able to make the same : and further, that 
the said corporation and their successors may take and receive any sum or 
sums of money, and any portion of goods and chattels that have been given to 
and for the use of the Theological Seminary at Danville, or the Directors 
thereof, or to any other person or persons, body politic or corporate, in trust, 
or for the use of the said seminary, or that hereafter shall be given, sold, 
leased, or bequeathed to the said corporation, by any person or persons, bodies 
politic or corporate, that are able or capable to make a gift, sale, bequest, or 
other disposal of the same ; — such money, goods, or chattels, to be laid out, and 
disposed of for the use and benefit of the aforesaid corporation, agreeably to 
the intention of the donors, and according to the object, articles, and condi- 
tions of this Act. 

Section 2nd. That no misnomer of said corporation and their successors, shall 
defeat or annul any gift, grant, devise, or bequest, to or for the use of said cor- 
poration, Provided, The intent of the party or parties shall sufficiently appear 
upon the face of the gift, will, grant, or other writing, whereby any estate or in- 
terest was intended to pass to or for said corporation. 

Section 3rd. That the said corporation and their successors shall have full 
power and authority to make, have, and use a common seal with such devise 
and inscription as they may adopt, and the same to break, alter, and renew at 
their pleasure. 

Section 4th. That the said corporation and their successors, by the names, 
titles, and style aforesaid, shall be able and capable to sue and be sued, plead 
and be impleaded, in any court of law or equity in this State. 

Section 5th. That the said corporation and their successors shall be, and 
hereby are, authorized and empowered to make, ordain, and establish, by-laws 
and ordinances, and do everything incident to and needful for the support and 
due government of the said corporation, and managing the funds and revenues 
thereof, Provided, The said by-laws be not repugnant to the Constitution and 
laws of the United States, to the Constitution and laws of this State, or to this 
Act. 

Section 6th. That the said corporation shall not at anytime consist of more 
than eighteen persons, at least nine of whom shall at all times be citizens of 
this State, whereof the General Assembly of the Presbyterian Church in the 
United States of America, at any meeting thereof held in the State of Kentucky, 
may change one-third, in such manner as to the said General Assembly shall 
seem proper, and fill all vacancies then existing. 

Section 7th. That the said corporation and their successors shall have power 
and authority to manage and dispose of all monies, goods, chattels, lands, tene- 



488 FORM OF GOVERNMENT, CHAP. XII. 

merits, and hereditaments, and other estate whatsoever, committed to their care 
and trust by the said General Assembly, and in such cases where special in- 
structions for the management and disposal thereof, shall be given by the said 
General Assembly, in writing, under the hand of their clerk, it shall be the 
duty of said corporation to act according to said instructions, Provided, The 
said instruction shall not be repugnant to the Constitution of the United 
States, or to the Constitution and laws of this State, or to this Act. 

Section 8th. That six members of this corporation shall be a sufficient num- 
ber to transact the business thereof, and to make by-laws, rules, and regulations 
Provided, That previous to any meeting of the Board of Corporation for such 
purposes, not appointed for adjournment, ten days' notice shall be previously 
given thereof by the President or Secretary, by advertisement in some news- 
paper published in this State, or by written notice sent by mail to each member 
of the Board of Trustees. And said corporation shall and w&y, as often as 
they shall see proper, according to their rules and by-laws, choose out of their 
number a president and vice-president and secretary ; and shall have power 
to appoint a treasurer and such other officers and agents, as shall by the said 
corporation be deemed necessary ; to which officers and agents, the said cor- 
poration may assign such duties to be performed by them, and award such 
compensation for their services, and fix the tenure of their office in such way 
and manner as the said corporation shall direct. 

Section 9th. That the said corporation shall have the power and authority 
to take and receive a bond or bonds from the treasurer and other officers and 
agents, in such penalty and with such conditions as said corporation may pre- 
scribe. 

Section 10th. That the members of the Board of Trustees of this corpora- 
tion, before acting as such, shall each make and sign a declaration that each of 
them will truly and faithfully, to the best of his ability and skill, exercise the 
office and perform the duties of trustees, under this act and the by-law of this 
corporation ; and in case of the refusal or neglect of any member of the Board 
of Trustees to make and sign such declaration and perform the duties of trustee 
aforesaid, for more than one year, or decline the same, the Board of Trustees 
shall have power and authority to declare the said office of trustee vacant, and 
fill the vacancy by appointment of some fit and proper person to said vacancy, 
w r ho shall hold the same and remain in office until such vacancy shall be filled 
by the General Assembly of the Presbyterian Church, under the provisions of 
this Act. 

Section 11th. That said corporation shall keep regular and fair entries of 
their proceedings, and a just account of their receipts and disbursements, in a 
book or books to be provided for that purpose, and shall, once in a year, 
exhibit to the General Assembly of the Presbyterian Church in the United 
States of America, an exact statement of the accounts and funds of said cor- 
poration. 

Section 12th. That the Board of Trustees appointed by this Act, and their 
successors, shall have no power to exercise any authority touching the course of 
instruction and study in said Theological Seminary, or the appointment of 
professors or teachers in said seminary ; their compensation, their tenure of 
office, and the course of study in said institution, shall remain under the exclusive 
power and control of the General Assembly of the Presbyterian Church in the 
United States of America, and of such person and persons as shall be appointed 
by the said General Assembly from time to time, and the said corporation shall 
provide out of the estate, funds, or income thereof, in their keeping, control, and 
management, for the payments from time to time of such salaries and compen- 
sations of professors, and other teachers and officers of said seminary as shall 
be allowed, directed, and established by said General Assembly at any of its 
annual meetings. 

Section 13th. That the Board of Trustees appointed by this act of incorpora- 
tion and their successors, shall have power and authority to purchase ground, 
erect buildings for the use of said seminary, and provide libraries and the ac- 
commodations, out of, or by means of, any funds or estate in their hands, not 
necessary to the annual support of the said seminary, or out of any money or 
estate collected or received by them from time to time, for those especial 
objects and purposes. 

Section 14th. That the said corporation may take, receive, purchase, possess, 
and enjoy messuages, lands, tenements, rents, annuities, and other heredita- 



OF THE GENERAL ASSEMBLY. 489 

merits, real and personal estate of any amount, Provided, That the same do not 
yield a nett annual income exceeding the sum of twenty thousand dollars. 

Section 15th. Be it further enacted, That the General Assembly shall have 
power to alter, modify, or repeal this Act at any time. 

Charles G. Wintersmith, 
Speaker of the House of Representatives. 
H. G. Bibb, 

Speaker of the Senate. 
Approved January 28th, 1854, by the Governor, 
L. W. Powell. 

J. P. Metcalfe, 

Secretary of State. 

An act, supplemental to an act incorporating the Trustees of the Theological 
Seminary under the care of the General Assembly of the Presbyterian 
Church in the United States of America, at Danville in the State of 
Kentucky. 
Be it enacted by the General Assembly of the Commonwealth of Kentucky, 
That section fifteen of an act incorporating the Trustees of the Theological 
Seminary, under the care of the General Assembly of the Presbyterian Church 
in the United States of America, at Danville, in the State of Kentucky, ap- 
proved January 28th, 1854, which said section reserves to the Legislature the 
right to repeal, alter, or annul said charter at any time, be, — and the same is, 
hereby repealed. 

Charles G. Wintersmith, 
Speaker of the House of Representatives. 
H. G. Bibb, 

Speaker of the Senate. 
Approved February 25th, 1854, by the Governor, 

L. W. Powell. J. P. Metcalfe, 

Secretary of State. 

3. Action of the Assembly of 1873. 

Reports have been received from the directors and trustees of this 
institution. The directors report that, the difficulties in the way of their 
adoption of the plan of control recommended by the Assembly being 
removed, they have approved and adopted said Plan, subject to the 
approval of the Assembly. The necessary changes in the present plan 
of the seminary are presented, and after close and careful scrutiny of 
them the Committee recommend to the Assembly that they be approved, 
and that the guardianship and control of the Danville Theological Semi- 
nary be remitted to the Board of Directors as soon as the existing vacan- 
cies shall have been filled, the Assembly being still considered as the 
patron of the seminary and the fountain of its powers, and retaining a 
veto power in the election of its directors and professors, and over all the 
acts of the directors in financial affairs. — 1873, pp. 530, 531. 

4. Answer of the Board of Directors, 1894. 

The following paper was unanimously adopted November 8, 1894: 
Being advised that, under our present charter, the Board of Directors 
has the legal power, by the adoption of by-laws, to accomplish the 
purpose contemplated by the General Assembly of 1894, in its Plan for 
the government of the theological seminaries, and it being suggested that 
there are grave legal difficulties in effecting an amendment of the charter 
itself, therefore, 

Resolved, That the four propositions a, b, c and d of the first resolu- 
tion, found on pp. 65 and 66 of the Minutes of 1894, be, and the same 
are hereby accepted by this Board as by-laws and ordinances for the 
government of the directors of the Danville Theological Seminary, 



490 FORM OF GOVERNMENT, CHAP. XII. 

under the care of the General Assembly of the Presbyterian Church in 
the United States of America, so far as the funds of the seminary are 
not devoted by the donors thereof to some special purpose, or are not 
beyond the control of this body. — 1895, p. 160. 

5. Answer of the Board of Trustees, 1894. 

Resolved, 1. That this Board is in full sympathy with the action of 
the General Assembly of the Presbyterian Church in the United States 
of America, as appears by their adoption of the report of the Committee 
of Fifteen on Conference with Theological Seminaries, and the Board 
believes that the General Assembly of our Church should have and 
retain the fullest and broadest control over its theological seminaries, 
the professors who instruct therein and the course of instruction 
adopted. 

Resolved, 2. By reason of the fact that this Board deems it inexpedi- 
ent to ask from the General Assembly of the Commonwealth of Ken- 
tucky, any amendment of its charter granted by said General Assembly 
of Kentucky in 1854, and which incorporated this Board of Trustees, 
for the reason that, imder the existing condition of arlairs. this said 
charter is not subject to amendment, alteration or repeal by said Legisla- 
ture, but, under the provisions of the present Constitution of Kentucky, 
if any amendment of said charter be sought, then the Legislature will 
have the power to make, at any time, any amendment or alteration that 
it may deem wise and proper, the Board must decline to ask for such 
amendments as would give it power to comply with some of the requests 
of the General Assembly. 

By reason of the limitations on the power of this B.»ard imder its 
act of incorporation, it has no authority over or control of the election, 
appointment or transfer of professors or teachers in its seminary, and 
therefore the Board takes no action on that point. 

Further, imder this charter, this Board feels compelled to retain 
control of the fimds and property of said seminary in its hands, subject 
to the terms of said charter, but the Board expresses the confident belief 
that at no time will these funds be applied to any purpose or use opposed 
to the direction and wishes of our General Assembly. 

By Section 12 of said act of incorporation, this Board is compelled to 
provide, out of the estate, funds or income in their keeping and control, 
the payment, from time to time, of such salaries and compensation of 
professors and other teachers and officers of said seminary as shall be 
allowed, directed, and established by the General Assembly at any of its 
annual meetings, and heretofore these payments have been made in 
accordance with the direction of the Board of Directors of this seminary, 
which Board is merely an agent of the General Assembly. 

While this Board believes that, in accordance with the charter under 
which it was created and exists, it cannot divest itself of, or transfer to, 
any other body the right of electing its members, yet, as evincing in the 
strongest possible manner, its desire to comply with the plan proposed by 
the Assembly, the Board unanimously decides that all elections to fill 
vacancies in its body shall not be by itself regarded as a complete and 
final election until those elected have been approved bv the General 
Assembly.— 1895, p. 161. 

[Note. — See for the Assembly's Plan, Minutes, 1SJW. p. 417.] 



OF THE GENERAL ASSEMBLY. 491 

6. Action of the Aammkij, 18951 

The Board of Directors of Danville hag resolved to adopt the recom- 
mendations as to By-Laws, and as a part of their Constitution. The Board 
of Trustees states that it has an irrepealable charter which cannot be 
amended without danger of forfeiture. It declares its approval of the 
substance of the recommendations, and while not deeming the same nec- 
essary, in view of the control the Assembly now has over the funds of 
said corporation, expresses its willingness to give Use General Assembly 
the approval of the election of the members of the Board. 

The Committee recommends the Assembly to request the Board of 
Trustees at Danville to secure such legislation, not imperiling the charter, 
as will insure to the General Assembly the right to be represented in the 
courts, and to enforce its proper supervision over the seminary and its 
property.— 1895, p. 32. 

tz. thz m'xzkics tzx;i:>::ai =r:::yi?,T 

~2 r ' :t — 7:: :':.- it.--. :-.-i-.r. - ':.:~-_\:- i~ I .: • Z ■■<■>- I*.".? - rider the head Sen 
Albany T^M»loe>^Se^l3naIy. 1, Fonnded, 1839. Located at Chicago, El., since 1S5& .] 

1 Constitution.. 

[STora. — As adopted by the General AmemMy ©f the Presbyterian Church in the 
;-V- : ---.-^ ::' _Lzirn::i i: ;~a -—:.:„- i^.i ir. Z... i.i" 20: "„i I.i : ± _ . Lior iii 
as amended at its wwakims held in Detroit, lfirih , AJ>. 1872 ; Madison, Wis., A.D. 
UfiiO; Springfield, IB, AJ). 1SS2; and IGnneapoffiis, Minn., A.D. 1886.] 

tiefe X Qf ttc iMEMe aauZ obfe&g of the Semmsay. 

BBcnps 1. The name of the institution shall be " The MeConniek 
Tzzz-z _:::.l fei^iiry :: z'z.-. ?:-" jz-zr: zzz : zz." 

Bbcl _ Bbe objects of the seminary shall be, to instruct candidates for 
-'.r >:>; r". ziiLi= rrr In :'it kzi-l^i^ : :ir "' : z ;: '>;•:_. ^:z-iiz.ri in 
:::.r ^::l"::\:_r ; '. '--. L'li mi >t~ ^-^tiuti:-. ::e : i_~ = ::::tZ_- mi 
infallible role of faith and life, and of the doctrine, order and institutes 
of worship taught in the Scriptures, and summarily exhibited in the 
Constitution of the Presbyterian Church in the United States; to cherish 
in tl-zi 7 zl \~lz-. :_ri"_5 :: Z/z:^- zzzy/zz\zzzzz\: :z\z Iziz ;: zrze goili- 
ness; to cultivate in them the gifts which Christ, the Head of the Church, 
by His Spirit, confers upon those whom He calls to the ministry ; and 
to impart to them, so far as may be, the various learning by which they 
may be furnished for its work, to the end that there may be trained up a 
=Ti : :•*=,?: : :. :. z '.-. izzr.zzzzl zz\ ... z -ily zzzzzzz.r.-z- :: :'z.z Zz~ : zz.z " ':ri. z- 
the chief agency under God, who ordained die Church, for the gathering 
zzzz p-.ir :::_. :: zzz *z:z_:~ iz :Li= 'li-_ :; :!■= -:i: :: :"-■= — :rli. 

^rtiefe U. CjjF fcfec Board of Dhvdors. 

8 1 n : ■ 1. The Board of Directors shall consist of twenty ministers 

---■_.-- : v.__ r..:fr: :. ~z:z: _--: .::. ;: z.-- - ai: zz~z 

elders, shall be chosen by said Board annually, to continue in office four 
years, and until their successors are elected and qualified ; and the Board 
shall also have power to receive resignations and declinations, and to nil 

ill vi:-.iz::e= ~'zz.\'z —zy :•;::: in ::.= b:«iy : ill ::" zzz*~ rl^:~:n=. n:~- 
■evrr. -liill t r::;ri: :■: ::: "r:: :: :ir 'IttItmI As^ni::!-. :: -L;:i. ::.tT 



of the late Hon. Cyrus H. 
i H 11 JomiiJfk, Jr. , 



492 FORM OF GOVERNMENT, CHAP. XII. 

is hereby constituted from this time forth a special member of the Board 
of Directors, to qualify as and to have all the privileges and prerogatives 
of other full members of the Board, and to continue in the office during 
the time of his natural life, or until he shall resign. 

Sec. 3. The Board of Directors shall have power, at their discretion, 
annually to elect not to exceed four honorary directors. Said honorary 
directors shall continue in office for the same time as, and shall be entitled 
to, and expected to exercise all the privileges of directors, except voting. 
Said honorary members shall be the authorized representatives of the 
Board and of the interests of the seminary in their respective places of 
residence and fields of labor. 

Sec. 4. The Board of Directors shall have power to elect and duly 
induct and inaugurate into office the professors of the seminary; to 
receive their resignations; also to remove them from office; such elections 
and removals to be subject to the veto of the General Assembly. The 
Board shall also have power to suspend temporarily a professor, prelimi- 
nary to and pending an investigation of charges against his conduct or 
doctrine. 

Sec. 5. The Board of Directors shall have the superintendence and 
control of the seminary and its funds and property. 

Sec. 6. Every director, before taking his seat as a member, shall sub- 
scribe the following engagements, in a book kept for that purpose, viz. : 

" I do solemnly promise, in the presence of God and of this Board, 
that I will faithfully execute the office of a director of The McCormick 
Theological Seminary of the Presbyterian Church, and will support its 
Constitution and the Constitution of the Presbyterian Church, so long as 
I remain in this office. ' ' 

Sec. 7. The Board of Directors shall meet once in every year at the 
place where the seminary is located, and such annual meeting shall be 
on the Wednesday immediately preceding the close of the seminary year, 
unless the Board shall appoint another time ; and the Board may meet 
at other times and places on its own adjournment, and on extraordinary 
occasions, by the call of the president, or other officer having power to 
convene it. 

Sec. 8. Any seven directors being met at the time and place appointed, 
shall constitute a quorum for the transaction of business. Any two 
directors so met, may adjourn from time to time until a quorum shall be 
present. 

Sec. 9. The Board of Directors shall choose annually from their own 
members a president, vice-president and a secretary, who shall hold their 
offices from the time of their election till the next annual meeting, and 
until their successors shall be duly appointed. 

Sec. 10. The president, or in case of his absence, the vice-president, 
shall preside at all meetings of the Board, and perform such other duties 
as naturally belong to his office, and as the Board shall appoint. He 
may convene, and when requested by any seven members, it shall be his 
duty to convene the Board ; and of the time and place of such special 
meeting, and the business for which it is called, he shall send a written 
notice by mail or otherwise, not less than twenty days before the time of 
such meeting. 

Sec. 11. The secretary shall keep a full and true record of the trans- 
actions, of the Board, and shall keep all books of records and papers, and 
perform such other duties as the Board shall direct. 



OF THE GENERAL ASSEMBLY. 493 

Sec. 12. In the absence of any officer, the Board may appoint some 
other person to fill his place pro tempore. 

Sec. 13. The Board may make Rules of Order and By-Laws, not 
inconsistent with this Constitution. 

Sec. 14. The Board of Directors shall have power, and it shall be their 
duty: 

(1) To superintend, either by itself or by a Committee, the annual 
examination of the students, and to appoint such other services in connec- 
tion therewith, as it may think proper. 

(2) To provide all funds, buildings, libraries, and other means necessary 
and proper for the use of the seminary; to appoint a Board of Trustees 
and fill all vacancies therein, and to instruct and direct the said Board in 
respect to the investment, custody, management and disposal of all funds 
and property of the institution; to fix the salaries of all professors and 
other officers; and, by itself, or the Board of Trustees, to make all 
appropriations of moneys. 

(3) To make annually to the General Assembly, in writing, a full and 
faithful report of the whole state of the seminary and of the transac- 
tions of the Board, and also to submit their records when required, for 
the inspection of the Assembly. 

Article III. Of the Professors. 

Section 1. (1) No person shall be eligible to any prof essorship in the 
seminary, except a member in full communion in the Presbyterian 
Church; and no person shall be eligible to the office of professor of 
Theology, except a regularly ordained minister in that Church. 

(2) Every professor, before he enters upon the execution of his office, 
shall subscribe the following engagement, in a book kept for that pur- 
pose, namely: 

" In the presence of God and of the Board of Directors of this semi- 
nary, I do solemnly profess my belief that the Confession of Faith and 
Catechisms of the Presbyterian Church contain a summary and true 
exhibition of the system of doctrine, order and worship taught in the 
Holy Scriptures, the only supreme and infallible rule of faith, and my 
approbation of the Presbyterian form of Church government, as being 
agreeable to the Scriptures ; and do promise that I will not teach, directly 
or indirectly, anything contrary to, or inconsistent with, the said Con- 
fession and Catechisms, or the fundamental principles of Presbyterian 
Church government, and that I will faithfully execute the office of a 
professor in The McCormick Theological Seminary of the Presbyterian 
Church." 

Sec. 2. (1) Each professor shall have power to conduct the course of 
instruction in the studies assigned to his department; to preserve order 
and due attention therein ; and to appoint such exercises of religious 
worship in connection therewith as he may deem proper. 

(2) Each professor, if required, shall lay before the Board of Direc- 
tors, a true aud full statement of all text -books used by him, and of his 
whole method of instruction, and shall treat with respectful considera- 
tion any suggestions or advice which the Board may give. 

Sec. 3. (1) The professors of the seminary shall constitute a faculty 
of instruction and government; they shall appoint (unless the Board of 
Directors otherwise order), their own chairman and secretary, and on 
every question each professor shall have one vote. 



494 FORM OF GOVERNMENT, CHAP. XII. 

(2) The faculty shall meet at such times and places as they shall 
appoint, and may make rules and by-laws, not inconsistent with this 
Constitution, as they may deem proper. 

(3) The faculty shall have power and it shall be their duty: 

First. To appoint the portion of time and the particular hours that 
the students shall attend the professors respectively. 

Second. To appoint and direct all exercises to be performed in the 
presence of the whole seminary or in public. 

Third. To appoint the times at which all the students shall assemble 
together for Divine worship, and to direct the conducting of the same. 

Fourth. To provide the students, if they shall deem it expedient, with 
preaching and other ordinances of worship and means of grace on the 
Lord's day. 

Fifth. To establish rules of order, decorum and duty, for the conduct 
of the students. 

Sixth. To inquire into the conduct of the students, and to admonish, 
suspend or dismiss any student who shall be found propagating error in 
doctrine, to be immoral, or disorderly in conduct, negligent of study or 
other duties, or who shall be,, in their judgment, on any account a dan- 
gerous or unprofitable member of the institution ; Provided, that such 
student shall have opportunity to be reasonably heard in his own 
defense, and that the faculty shall sit with due caution and a tender 
regard to his rights and his welfare. 

Sec. 4. (1) The faculty shall keep a register, in which shall be 
entered the name of each student, his residence, the church of which he 
is a member ; the Presbytery, if any, of which he is a candidate ; the 
college, if any, of which he is an alumnus, the time of his entering, and 
the time and mode of his leaving the seminary. » 

(2) The faculty shall keep a journal of their proceedings, which, if 
required, shall be laid before the Board of Directors. 

(3) The faculty shall make a report of the state of the seminary to the 
Board of Directors, at each annual meeting, and at other times when 
required by the Board. 

Article IV. Of the Course of Study. 
[Omitted.] 

Article V. Of Personal Religion. 
[Omitted.] 

Article VI. Of Admission. 

Section 1. The qualifications required in students for admission to the 
seminary are, full communion in some branch of the Christian Church, 
a good reputation for consistent Christian character, a regular course of 
academic study, of which evidence shall be furnished by a college degree 
or by examination, and if from another theological seminary, a written 
certificate of good standing and honorable dismission. 

Sec. 2. Every student before admission to the seminary shall subscribe 
the following engagement, in a book kept for that purpose, namely: " I 
do solemnly promise that I will diligently and faithfully attend on all the 
instructions and exercises of this seminary, observe its rules of conduct 
relating to students, and obey the lawful requisitions and respect the 
admonitions of the professors and of the Board of Directors, while I shall 
continue a student of the institution. ' ' 



OF THE GENERAL ASSEMBLY. 495 

Article VII. Of the Seminary Grounds, Buildings, and Library. 

The faculty shall have the custody and control of the seminary grounds, 
buildings, and library, which shall be subject to such regulations as they 
may prescribe. 

Article VIII Of the Funds and Financial Officers. 

Section 1. All permanent funds established for the support of the 
seminary shall be sacredly preserved inviolate, and it shall not be lawful 
for the Board of Directors, the Board of Trustees, or any person to 
withdraw, or to borrow, for any purpose, from any such fund, any 
money, securities, or other property without at the same time placing to 
the credit of such fund a value clearly and fully equivalent, 

Sec. 2. The Board of Trustees, which shall appoint its own president, 
secretary and treasurer, shall have the custody of all the funds and 
property of the seminary, with power to invest, manage, buy, sell and 
otherwise dispose of the same for the use of the seminary, in any manner 
not inconsistent with this Constitution, and subject in all things to the 
instructions of the Board of Directors. 

Sec. 3. The Board of Trustees shall appoint a treasurer, who shall 
hold his office during the pleasure of the Board, and whose duty it shall 
be, under the direction of the Board, to keep all books of account, and 
to have the custody of all such books of account, securities and other 
papers and documents relating to the finances, and of all funds and other 
property, except the seminaiy buildings, the grounds connected therewith, 
and the library ; and to present to the Board annually, and ofbener when 
required, a clear and full report of the whole state of finances, and of 
the transactions of the current year; and he shall be the keeper of the 
seal, and when required shall execute to the Board a bond in such penal 
sum, and with such securities as they shall prescribe, for the faithful 
discharge of his duties. 

Sec. 4. The Board of Trustees shall make to the Board of Directors at 
the annual meeting, and at other times when required, a clear and full 
report of the whole state of the finances, and of the transactions of the 
current year, or any part thereof, which report shall be transmitted by 
the Board of Directors to the General Assembly. 

Article IX. Constitution, how amended. 

This Constitution may be altered, or amended, by a vote of three- 
fourths of the directors present, and voting at a regular annual meeting 
of the Board ; such alteration, or amendment, to take effect, and be in 
force only when the same shall be approved by the General Assembly. 

2. Charter and supplements. 

An Act to incorporate "The Presbyterian Theological Seminary of the North- 
west." 

Whereas, It is represented to the General Assembly of the State of Illinois, 
that the Synods of Cincinnati, Wisconsin, Iowa, Illinois, Northern Indiana, 
Chicago and Indiana, of the Presbyterian Church in the United States of 
America, did respectively on the sixth, the tenth, the eleventh, the thirteenth 
and the eighteenth days of October, in the year of our Lord eighteen hun- 
dred and fifty-six, adopt an instrument entitled "'The Constitution of the 
Presbyterian "Theological Seminary of the Northwest, " and have now a 
seminary for the professional education of candidates for the Christian minis- 
try, established and in operation under the said Constitution ; And Whereas, It is 



496 FORM OF GOVERNMENT, CHAP. XII. 

represented, that in order to the more convenient custody, management and 
disposal of the funds and other property now possessed, and which shall here- 
after be possessed for the use of the said seminary, by the Synods aforesaid, 
and other Synods which shall become united with them in the direction and 
control of the said seminary, in conformity to the said Constitution, it is neces- 
sary that there be constituted a Board of Trustees, which shall be a corpora- 
tion, or body corporate and politic in law and in fact ; therefore, 

Be it enacted by the people of the State of Illinois, represented in the General 
Assembly : 

Section 1. That John Wilson, Samuel Howe, R. J. Hamilton, R. W. Henry, 
A. B. Newkirk, R. B. Mason, William Baily, Warren Norton and A. J. Buel. 
who at present constitute the Board of Trustees aforesaid in said office, and 
their successors, duly elected and appointed in the manner hereinafter pro- 
vided, be, and they are hereby constituted and declared a corporation or body 
corporate and politic in law and in fact, and to have continuance and perpetual 
succession, by the name and style of " The Trustees of the Presbyterian Theo- 
logical Seminary of the Northwest." 

Sec, 2. That the said corporation shall be composed of nine trustees, of 
whom not less than five shall be citizens of the State of Illinois ; and the Board 
of Directors of the seminary established under the said Constitution, shall 
have power at any meeting held in the State of Illinois, to change one-third of 
the whole number of trustees in such manner as to the said Board of Directors 
shall seem proper, and to fill all vacancies which may then exist in the Board of 
Trustees ; and of every trustee, so appointed, the proper credentials shall be a 
written certificate of his appointment by the Board of Directors, authenticated 
by the names of its president and secretary. 

Sec. 3. That before any trustee enter on the execution of his office, he shall 
subscribe, in a book kept for that purpose, the following engagement : "In the 
presence of God, I do solemnly promise that I will faithfully execute the office 
of a trustee of the Presbyterian Theological Seminary of the Northwest, under 
the act to incorporate the trustees thereof, and will support the Constitution of 
the seminary so long as I continue in this office." 

Sec. 4. That any five members of the said corporation, being met for the first 
time in conformity to this Act, or afterwards, in the manner hereinafter pro- 
vided, shall be a quorum competent to transact its business. 

Sec. 5. That the said corporation shall have power to make all rules and 
by-laws which may be necessary and proper for the transaction of its business; 
it shall have power according to its own rules and as shall seem to it proper, to 
appoint a president, a vice-president and a secretary out of its own members, 
and other officers or agents at its discretion, the times and tenures of their 
offices respectively, the duties belonging to each, and the pecuniary compensa- 
tion which they shall receive. 

Sec 6. That the first meeting of the said corporation shall be held in the 
city of Chicago, at such time as any five of the trustees named in this act being 
assembled together shall appoint ; afterwards it shall meet at such times and 
places as it shall appoint, and the president, or in case of his absence, or in- 
ability, or refusal, or neglect to act, the vice-president, or if he fail, the secre- 
tary shall have power, and when requested by any three trustees, it shall be 
his duty to convene the corporation ; of the time and place of which special 
meeting, the officer calling it shall give to each trustee due notice, either by 
himself orally, or by some other person, or by a written note left at the dwell- 
ing or the usual place of business of such trustee, or sent to him by mail at 
least seven days before the time of such meeting. 

Sec. 7. That all questions before the said corporation shall be decided by a 
majority of the members present at the time, and on every such question each 
member shall have one vote, except the president, or other person when acting 
as president, who shall have only the casting vote, in case the votes of the 
other members shall be equally divided. 

Sec. 8. That the said corporation shall have power to make, have and use 
one common seal, with such device and inscription as it shall appoint, and the 
same to break, change or renew at its discretion. 

Sec 9. That the said corporation shall have power to appoint a treasurer, 
who shall hold his office during the pleasure of the corporation, whose duty it 
shall be, under the direction of the corporation, to keep all books of account, 
to have the custody of all such books of account, securities, of every kind, and 
other papers and documents relating to the finances, and of all funds, moneys, 



OF THE GENERAL ASSEMBLY. 497 

and other property, real and personal except the buildings and grounds con- 
nected therewith/ occupied by the seminary, the library and furniture of 
which, subject to the disposal of the corporation, the faculty shall have the 
custody and control, and to present to the corporation annually, and oftener 
whenever required, a clear, full and true report of the transactions of the cur- 
rent year, or any part thereof, and of the whole state of the finances ; he shall 
be the keeper of the seal, and shall have the sole right to use it for the authentica- 
tion of such instruments as the corporation shall direct him thus to authenti- 
cate, and shall execute to the corporation, whenever required, a bond or bonds, 
in such penal sum or sums, and with such securities as the corporation shall 
prescribe, for the faithful execution of his office ; and of all such bonds and 
securities the president of the corporation shall have the custody. 

Sec. 10. That the said corporation, by the name and style aforesaid, shall be 
capable and able in law to sue and be sued, plead and be impleaded, in any 
court or courts of law or of equity, before any judge or judges, in all and all 
manner of suits, complaints, pleas, causes, matters, and demands of whatsoever 
kind or form they may be, and all things therein, or anywise relating to do in 
as full and effectual a manner as any person or persons, or any body politic 
and corporate within the State, may or can do. 

Sec. 11. That the said corporation is hereby expressly prohibited from exer- 
cising, in virtue from any power derived from this act, any authority or con- 
trol in any way whatever in respect to the doctrine or doctrines taught, the 
course of instruction and study, or the government and discipline in the said 
seminary, or to the appointment of professors or other instructors in the said semi- 
nary, the tenure of their offices or the execution thereof, or to the pecuniary com- 
pensation which any such professor shall receive, orthe time ormanner of its pay- 
ment ; all of which matters and things shall remain under the exclusive power 
and direction of the Synods aforesaid, and such other Synods as shall become 
united with them therein, in conformity to the provisions of the Constitution 
of the said seminary, as the same now exists, or as it may hereafter exist by 
amendments provided for by the said Constitution, and of the Board of Direc- 
tors of the said seminary, and so far as it respects the execution of their own 
offices, to the professors of said seminary ; the said directors being in all 
things appertaining to their own offices subject to the control of said Synods, 
and the professors amenable to the Board of Directors, in conformity to the 
said Constitution. 

Sec 12. That the said corporation, by the name and style aforesaid, shall be 
capable in law, and have full power to take, receive and hold all and all man- 
ner of lands, tenements, moneys, stocks, rents, annuities, reversions, franchises, 
legacies, hereditaments and other property, real or personal whatsoever, which 
have at any time or times heretofore been granted, sold, bargained, released, 
devised, or otherwise conveyed to any other body politic and corporate, or 
any other person or persons whatever, for the use of the said seminary, or in 
trust for the same ; and the said lands, tenements, moneys, stocks, rents, an- 
nuities, reversions, franchises, legacies, hereditaments, and other property, 
real and personal, are hereby vested and established in the said corporation for- 
ever, according to the use and interest for which such gifts, grants, devises, 
releases, or other conveyances respectively, were originally made ; and the 
said corporation is hereby declared to be seized and possessed of such estate or 
estates therein, as in and by their respective grants, sales, bargains, enfeoff- 
ments, gifts, devises and other conveyances thereof, are declared limited and 
expressed. That, further, the said corporation and their successors, shall be 
capable in law, and shall have full power to take, receive, hold and enjoy, in 
fee simple, or of lesser, estate or estates, in trust for the use of the said semi- 
nary, all lands, tenements, moneys, stocks, rents, annuities, franchises, lega- 
cies, hereditaments and other property, real and personal whatsoever, by sale, 
bargain, grant, enfeoffment, release, gift, devise, or other conveyance of any 
body politic and corporate, or of any person or persons capable to make the 
same ; and that no misnomer of the said corporation and their successors 
shall annul, defeat, or in anywise impair any gift, devise or grant of any kind 
to the said corporation, or to any other person or persons, or any other body 
politic and corporate for the said corporation : Provided, That the interest or 
party or parties shall sufficiently appear upon the face of the gift, grant, will 
or other writing, whereby it was intended that any estate or interest should 
pass to said corporation, or to any other body politic and corporate for the use 
of the said seminary. 



498 FORM OF GOVERNMENT, CHAP. XII. 

Sec. 13. That the said corporation and its successors shall have power to in- 
vest and loan all moneys and funds, and by bargain, sale, lease, or otherwise, 
to manage, sell and dispose of any and all lands, tenements, stocks, rents, an- 
nuities, franchises, legacies, bequests and estates of any kind of which they 
shall be legally seized and possessed, for the sole use of the said seminary, in 
the promotion of the objects for which it is established, and in conformity to 
the provisions of this act. That the said corporation shall have power and 
it shall be its duty, out of any estate, funds and property in its possession, 
custody, management and control, and not otherwise appropriated and limited, 
to provide by purchase or otherwise, grounds, buildings, libraries, furniture 
and other accommodations for the use of the said seminary ; and in like man- 
ner to provide an income for payment of all such salaries and compensations 
of professors, instructors and other officers and agents of the said seminary, as 
shall be allowed and appointed by the Board of Directors of said seminary, 
and for the payment of the salaries and compensations allowed and appointed 
by the said corporation to its own officers, agents, or other persons, and for 
defraying all the necessary and proper expenses for the transaction of its 
business. 

Sec 14. That in all cases in which special instructions shall be given by 
the Board of Directors of the said seminary in writing, authenticated by the 
names of its president and secretary, in respect to the custody, investment, 
management or disposal of any lands, tenements, stocks, moneys, gifts, lega- 
cies, hereditaments, property, real and personal, estate or estates of any kind, 
of which the said corporation shall be possessed, it shall be the duty of the 
said corporation to act in conformity to said instructions : Provided, That the 
said instructions shall not be repugnant to the Constitution of the United 
States, to the Constitution and laws of this State, or to this act. 

Sec. 15. That the said corporation shall keep a journal of its proceedings, 
and shall keep regular and fair entries of all its pecuniary transactions, and a 
true and exact account of its receipts and disbursements in a book or books 
kept for that purpose ; make to the Board of Directors of the said seminary a 
clear, full and true report of the transactions of the current year, or any part 
thereof, and of the whole state of the finances; and shall, whenever required, sub- 
mit its journal and all books of account, securities and other papers and docu- 
ments relating to the business of the corporation, to the examination of the 
Board of Directors of the said seminary, or of any person or persons appointed 
by the said board to make such examination. 

Sec. 16. That the said corporation shall have power to take, receive, hold, 
possess and enjoy for the use of the said seminary, lands, messuages, tenements, 
stocks, rents, annuities, grants, gifts, hereditaments, and other estate, real and 
personal. 

Sec 17. This act shall be deemed and taken to be a public act, and shall 
be of force from and after the date of its passage. 

(Signed) Samuel Holmes, 

Speaker of the House of Representatives. 

John Wood, 



Speaker of the Senate. 
W. H. Bissell. 



Approved, February 16, 1857. 



An act to amend an act, entitled "An act to incorporate the Presbyterian 
Theological Seminary of the Northwest," approved, February 16th, 1857. 

Be it enacted by the people of the State of Illinois, represented in the General 
Assembly ; 

Section 1. That the transfer of the government of the said seminary by the 
said Synods, in the act of incorporation mentioned, to the General Assembly of 
the Presbyterian Church in the United States, and the amendments made" by 
the General Assembly to the Constitution of said seminary, and the appoint- 
ment of the Board of Directors and of the Board of Trustees, and all other 
by-laws, rules and regulations, and other acts and doings by the said Board of 
Directors and Trustees, be and the same are hereby satisfied and confirmed. 
The said General Assembly shall have and may exercise all the powers now 
or hereafter conferred upon it by the Constitution, as amended, or as it may 
hereafter be amended by said General Assembly ; and all such amendments, 



OF THE GENERAL ASSEMBLY. 499 

by-laws, rules and regulations, now or hereafter adopted, not repugnant to the 
laws of the land, shall have full force and effect. 

Sec. 2. This act, and the act to which it is an amendment, shall be public acts; 
and, judicially noticed, shall be liberally construed ; and all proceedings of the 
corporation, certified, under its seal, shall be received as evidence in all courts ; 
and shall take effect from its passage. 
Approved, February 20, 1861. 

(Signed), Shelby M. Cullom, 

Speaker of the House of Representatives. 
Francis A. Hoffman, 

cer of the Senate. 



3. Relations to the General Assembly. 

3. The Board of Directors of the Northwestern Theological Seminary 
report . ..." In regard to the relations of the seminary to the Gen- 
eral Assembly, the Board, finding that there are legal points involved in 
this question which require careful investigation, referred the whole 
matter to a Committee, with instructions to report to the directors at 
their next annual meeting in April, 1872." — 1871, p. 580. 

The Report. 

In regard to the relation of the seminary to the General Assembly, the 
Board have carefully considered the same ; and with entire unanimity, 
and with the consent and approval of Mr. McCormick, have adopted a 
report and resolutions, not only approving of the principles of the 
request and suggestion of the Assembly, but embodying the necessary 
amendments to the Constitution in form, and requesting the Assembly 
to adopt them. The resolution and amendments are as follows, viz. : 

The Committee on the relations of the seminary to the General Assem- 
bly presented their report, through the Hon. Samuel M. Moore, as 
follows : 

Your Committee, to whom was referred the propriety of suggesting 
such amendments and changes of the Constitution of our seminary as 
may bring the same in harmony with the expressed views of the General 
Assembly of the Presbyterian Church in the United States of America, 
would report that they have considered the matter, and that they find no 
objections thereto. They understand that the generous and Christian- 
spirited donor of the only portion of our property and funds that is held 
subject to the continuance of the relations of the seminary to the General 
Assembly consents that the management and control may be transferred 
to the Board of Directors, the Assembly reserving the right to disap- 
prove and forbid in certain matters. We believe the change will redound 
to the benefit and efficiency of the seminary. — 1872, p. 125. 

4. Answer of the McCormick Boards, 1895. 

Board of Directors. 

Resolved, That the Board of Directors recognizes with pleasure the 
close relations which this seminary must, under its Constitution and 
charter, sustain towards the General Assembly — relations which the semi- 
nary desires to maintain in their full integrity as to teaching and all other 
particulars, and yet, regretting the necessity of declining any request of 
the Assembly, in reply to the proposal of the General Assembly, does not 
think it advisable or expedient to make the changes in our charter pro- 
posed by the General Assembly. A. W. Ringland, Secretary. 

Chicago, May 2, 1895. —1895, p. 161. 



500 FORM OF GOVERNMENT, CHAP. XII. 

Board of Trustees. 

In answer to your inquiry, I beg to say that inasmuch as the Board of 
Trustees of the McCormick Seminary is elected by the Board of Directors, 
we felt that the answer made by the directors would be sufficient for your 
Committee in making its report to the General Assembly. 

We feel that our Constitution and charter already express the closest 
relation to the General Assembly, and that the funds and property for 
which we are trustees are amply safeguarded. 

The resolution of the Board of Directors above quoted expresses the 
sentiment also of the Trustees. Henry W. King, 

President of the Board of Trustees. 

—1895, p. 162. 

5. Answer of the Board of Directors, 1896. 

Whereas, During the year preceding the annual meeting of this Board, 
held in 1895, the fullest consideration was given to the proposals pre- 
sented by the Committee from the General Assembly, looking toward a 
change in the Constitution and charter of this seminary, the result of 
which was the adoption by this Board of a resolution declaring it to be 
inexpedient and unadvisable to make the changes proposed ; and the said 
Committee has again presented the request of the General Assembly for 
the changing of the charter of this institution upon the lines heretofore 
proposed; and 

Whereas, The further consideration of the whole matter with the 
Committee of Conference has failed to bring forward any new light upon 
the main questions involved, which were exhaustively examined by this 
Board at its meeting in 1895, now, therefore, be it 

Resolved, That the Board of Directors of McCormick Theological 
Seminary of the Presbyterian Church reaffirms in strongest terms its 
reverence for and loyalty to the Standards and to the General Assembly 
of the Presbyterian Church, and its sympathy in all efforts to promote 
purity of doctrine and teaching. Nevertheless this Board believes, and 
is so advised, by counsel learned in the law, that its relation to the 
General Assembly now carries out fully the spirit of the proposed 
changes; that the property and teaching are already safeguarded to the 
Presbyterian Church; that in view of the peculiarly close relations exist- 
ing between the General Assembly and this seminary, by reason of the 
provisions already found in its Constitution and charter, any further 
changes, as proposed, are unwise and unnecessary, and this Board does 
not consider it expedient to make said changes. 

Adopted by a vote of 18 for, 11 against. 

Copy of order taken by the Board of Directors of McCormick Theo- 
logical Seminary, May 7, 1896.— 1896, p. 193. 

6. Answer of the Board of Directors, 1897. 

The communication from the General Assembly was fully considered 
by the directors of the McCormick Theological Seminary at their annual 
meeting, May 6, 1897, and the following communication to the General 
Assembly was adopted : 

The General Assembly of 1896, having requested the theological semi- 
naries to report their several attitudes toward the plan advised by the 
Assemblies of 1894 and 1895, for changing the charters of the seminaries, 



OF THE GENERAL ASSEMBLY. 501 

the Board of Directors of McCormick Theological Seminary have again 
considered the matter and would respectfully submit the folio wiDg : 

The Board reiterates its loyalty to the Standards and to the General 
Assembly of our beloved Church, and its full sympathy with the endeavor 
to safeguard the property entrusted to the seminaries, and to insure their 
denominational faithfulness and the purity of their doctrinal teachiugs. 
The close relations and strict subordination of this seminary to the Gen- 
eral Assembly, secured by the charter and the Constitution of this semi- 
nary, are entirely agreeable to this Board. 

The charter and Constitution of this seminary substantially secure the 
end which the Assembly seeks, and are capable of being altered or 
amended only upon the approval of the Assembly. The elections of 
directors, and the elections or removals of professors, are subject to the 
veto of the Assembly. The teaching of the seminary has for its object, 
according to the Constitution, " To instruct candidates for the Gospel 
ministry in the knowledge of the Word of God . . and of the doc- 

trine, order and institutes of worship taught in the Scriptures, and sum- 
marily exhibited in the Constitution of the Presbyterian Church .... 
and to impart to them, as far as may be, the varied learning by which 
they may be furnished for its work." 

The property of this seminary is already so fully safeguarded to the 
Presbyterian Church that, in the judgment of able jurists, the changes 
suggested would be wholly without advantage, and might be hazardous 
to the common interests of the Assembly and this seminary. 

The relations between this seminary and the Assembly have for twenty- 
seven years been entirely harmonious and mutually helpful. The success 
of the existing method of supervision in the past, is its best guarantee 
for the future. The growth and prosperity of this institution have in- 
spired many thanksgivings to God. Every director and every professor 
takes a solemn pledge to support the Constitution of the seminary and 
the Constitution of the Presbyterian Church. 

It is the belief of this Board that the proposed changes would not be 
for the best interests of this seminary, nor promotive of future gifts to it. 
They would disturb rather than establish confidence, and raise doubt and 
distrust of their legal effect if they should be adopted. 

While, therefore, the Board of Directors deeply regrets the necessity 
of declining any request of the General Assembly, it does not see its way 
clear to make the proposed changes in the charter of McCormick Semi- 
nary. 

Adopted by unanimous vote. — 1897, p. 109. 

7. Answers of the Assembly. 

[Note.— See in this Digest, No. 11, p. 420, and Nos. 12 and 13, p. 421.] 
VIII. BLACKBURN UNIVERSITY. 

[Note— Located at Carlinville, 111. See Digest, 1886, p. 396.] 
The trustees of Blackburn University, at their annual meeting, held 
in June, 1871, adopted the plan recommended by the Assembly of 
1870, by incorporating into the Constitution of the university the follow- 
ing section: " Whenever hereafter any person shall be elected by the 
trustees to fill any professorship in the theological department of the 
university, the trustees shall report their election to the next General 
Assembly of the Presbyterian Church in the United States ; and if the 



502 FORM OF GOVERNMENT, CHAP. XII. 

General Assembly at that meeting shall, by formal vote, refuse to 
approve of such election, then the person elected by the trustees shall 
cease to be a professor. ' ' 

The institution was founded by Rev. Gideon Blackburn, D.D., who, 
in the year 1838, conveyed to a Board of Trustees several thousand 
acres of land, for the purpose of founding " an institution of learning, 
the object of which shall be to promote the general interests of education, 
and to qualify young men for the office of the Gospel ministry. ' ' The 
institution was located at Carlinville, 111. 

The trustees were incorporated in the year 1857 by the Legislature of 
Illinois, with the name of ' ' The Blackburn Theological Seminary, ' ' and 
at about the same time an academic department was established. In 
A.D. 1867, the institution was organized as a university, and the fol- 
lowing year its corporate name was changed by the Legislature to that 
of " Blackburn University." The Board consists of thirteen members, 
who must be residents of the State of Illinois. At least nine of this 
number must ' ' be chosen from among persons who are regular members 
of the Presbyterian Church; and if any trustee thus chosen shall at any 
time cease to be a regular member of the Presbyterian Church, he shall, 
ipso facto, cease to be a trustee. ' ' 

Every professor appointed in the theological department, also every 
professor in the collegiate department, whose professorship shall include 
mental or moral science or metaphysics, and also the president of the 
university, are required, before they can enter upon the duties of their 
office, to subscribe their names to the following declaration: 

"I do hereby avow my sincere belief in the Bible as the Word of 
God, and in the system of doctrines contained in the Westminster 
Confession of Faith as the system which accords with the Word of God; 
and I do solemnly pledge myself, in all my duties as an instructor and 
officer in Blackburn University, never knowingly to teach anything in 
conflict with such system of doctrines." 

Every other professor or instructor in any department is required also 
to affirm his " belief in the Bible as the Word of God." 

Thus every department of instruction is secured from all danger from 
infidel teachings. 

In view of these facts, your Committee gladly commend the Black- 
burn University to the Presbyterian Church, and recommend that it be 
recognized and reported as one of the institutions in connection with the 
General Assembly. Adopted. — 1872, p. 65. 

IX. SAN FRANCISCO THEOLOGICAL SEMINARY. 
[Note. — Founded 1871. Located at San Anselmo, Cal.] 

1. Revised Plan. 

[Note— As adopted by the Synod of the Pacific, October 6, 1890, and October 15, 
1891.] 

With an eye single to the glory of God, and the promotion of the 
Redeemer's kingdom upon earth, the Synod of the Pacific, in humble 
dependence on the patronage and blessing of the great Head of the 
Church, do make and ordain the following Constitution for the organiza- 
tion and government of an institution solely consecrated to the education 
of suitable men for the office and work of the Christian ministry, which 
shall be denominated " The San Francisco Theological Seminary." 









OF THE GENERAL ASSEMBLY. 50S 

Article I. Of the Synod. 

1. As this institution originates with the Synod, so that body is to be 
considered at all times its patron and the fountain of its powers. The 
Synod shall, accordingly, appoint its directors, and its sanction shall 
be necessary to the validity of its laws, and the appointment of all 
professors. 

2. The Synod shall choose a Board of Directors consisting of twelve 
ministers and twelve laymen, all of whom shall be in connection with 
the Presbyterian Church in the United States of America, and not less 
than eight of said laymen shall be ruling elders in said Church ; by 
which the seminary shall be inspected and conducted. Of this number 
one- third, or four ministers and four laymen, shall be chosen annually, 
to continue in office three years.* 

3. The Board of Directors shall have power to fill all vacancies, which 
may occur by death, resignation or otherwise, between the meetings of 
the Synod, and in the event of a failure on the part of the Synod to 
provide for vacancies occurring by expiration, the members of the Board 
whose terms shall have expired shall be regarded as their own successors, 
and they shall be classified accordingly. 

4. The appointment of all professors of the seminary shall be subject 
to the approval of the Synod at the time of their appointment, if the 
Synod be then in session ; otherwise at the next regular meeting of the 
Synod, subject to the requirement of the General Assembly {Minutes of 
1870, p. 63). t 

5. The Synod shall at all times have the power of adding to, altering 
or amending any of the Constitutional articles of the seminary ; but in 
the exercise of this power, no such change shall be made unless proposed 
first at one meeting of the Synod, and then adopted at the meeting of 
the next year, except by a unanimous vote. 

Article II. Of the Board of Directors. 

1 . The Board of Directors shall meet statedly twice in the year ; at 
the close of the session of the seminary and just before the meeting 
of the Synod of the Pacific. Eleven members of the Board shall be a 
quorum. 

2. The Board shall choose out of their own number a president, vice- 
president and secretary. The treasurer of the seminary shall be elected 
by the Board of Trustees, subject to confirmation by the Board of 
Directors. 

3. The president of the Board, or in the event of his death, absence, 
resignation or inability to act, the vice-president shall, at the request of 
any six members, expressed to him in writing, call a special meeting of 
the Board of Directors, by a circular letter addressed to each member, in 
which letter notice shall be given not only of the time and place of meet- 

* According to the conditions of the Ladd gift, at least one-fourth of the Directors 
shall be nominated for election by the Synod of the Columbia, to the Synod of the 
Pacific, and these Directors so nominated shall be members of the Synod of the 
Columbia, or of some church belonging to that Synod. 

| According to the conditions of the Ladd gift, the directors representing the 
Synod of the Columbia have the exclusive right to nominate to the Board of Direc- 
tors, the Professor for the Chair of Practical Theology, and his election is made subject 
to the approval of the Synod of the Columbia in addition to that of the Synod of the 
Pacific. 



504 FORM OF GOVERNMENT, CHAP. XII. 

ing, but also of the specific business intended to be transacted at the meeting 
notified ; and this letter shall be sent at least ten days before the time of 
said meeting. 

4. The secretary of the Board shall keep accurate records of all pro- 
ceedings of the directors, and it shall be his duty to lay these records, or a 
faithful transcript of them, before the Synod as often as they may be 
required by that body, for the free inspection of any and all of its 
members. 

5. The Board of Directors may make rules and regulations for the 
performance of the duties assigned them, or for the preservation of order, 
not inconsistent with the provisions of this Plan, or the orders of the 
Synod. 

6. The Board shall direct the professors of the seminary in regard to 
the subjects and topics on which they are severally to give instruction to 
the students so far as the same shall not be prescribed in this Plan, or by 
the orders of the Synod. 

7. It shall be the duty of the Board of Directors to inaugurate the 
professors of the seminary, and to direct what forms shall be used, and 
what services performed on such occasions. 

8. Every director previously to taking his seat as a member of the 
Board shall solemnly subscribe to the following formula, viz. : "Approv- 
ing the Plan of the San Francisco Theological Seminary, I solemnly 
declare and promise, in the presence of God and of this Board, that I 
will faithfully endeavor to carry into effect all the articles and provisions 
of said Plan, and to promote the great design of the seminary." 

9. The Board of Directors shall inspect the fidelity of the professors, 
especially in regard to the doctriues actually taught, and if, after due 
inquiry and examination, they shall judge that any professor is either 
unsound in faith, opposed to the fundamental principles of Presbyterian 
Church government, immoral in his conduct, unfaithful to his trust, or 
incompetent to the discharge of his duties, it shall be the duty of the 
Board to remove him and appoint another in his place, which transaction, 
together with the reasons for it, shall be duly reported to the Synod at the 
next meeting. 

10. The Board of Directors, at their stated spring meeting, shall appoint 
what shall be known as " The Seminary Committee," consisting of three 
directors, who shall be charged with the actual oversight of the inside 
w r ork of the institution; who shall have power, after consulting with the 
faculty, to approve or modify the distribution of time and work made by 
the professors themselves as provided for in Article hi, Section 8 ; who 
shall, from time to time, visit the classes and inspect the work of each 
department ; who shall provide temporary instruction during the prolonged 
absence of any professor ; who shall require of the clerk of the faculty a 
written bimonthly statement of the work done by each class and each 
professor for the two months previous, and who shall submit a report to 
the Board at the next spring meeting, and at such other times as may be 
desired by either the Committee or the Board. 

11. It shall be the duty of the Board of Directors to watch over the 
conduct of the students; to redress grievances; to examine into the whole 
course of instruction and study in the seminary; and generally to super- 
intend and endeavor to promote all its interests. 

12. The Board of Directors shall make, in writing, a detailed and 
faithful report of the state of the seminary to the Synod at each annual 



OF THE GENERAL ASSEMBLY. 505 

meeting; and they may, at the same time, recommend such measures for 
the advantage of the seminary as to them may seem proper. 

13. The Board of Directors shall nominate and elect all professors, 
subject to the approval of the Synod and the Assembly, and shall make 
provision for instruction, when any chair is vacant.* 

14. Ordinarily the professors shall be elected only at a stated meeting 
of the Board of Directors. When this is inexpedient, every candidate for 
any professorship shall be nominated at least one month before the elec- 
tion occurs, and the election shall in every case be by ballot. 

15. At their first meeting, after the adjournment of the Synod of the 
Pacific, the Board of Directors shall elect five of their own number, not 
more than two of whom shall be trustees, as an Executive Committee, to 
whom shall be entrusted the general duty of executing the directions and 
managing the affairs of the Board ad interim ; the powers of this Committee 
shall be limited by the action of the Board it is designed to represent. 
It shall in no case originate policies or* exceed the functions of a mere 
Committee, and it shall submit a full report in writing to the Board at 
their stated meetings, and at any other time when so required by the 
Board. 

Article III. Of the Professors. 

1. The number of professors in the seminary shall be increased or 
diminished, as the Board of Directors may from time to time determine. 
But when the seminary shall be fully organized and completely equipped, 
there shall not be less than four professors. 

2. No person shall be inducted into the office of professor of Exegetical 
or Systematic or Practical Theology but an ordained minister of the 
Gospel. 

3. Every person elected to a professorship in this seminary shall, on 
being inaugurated, solemnly subscribe to the Confession of Faith, Cate- 
chisms, and forms of Church government of the Presbyterian Church, 
agreeably to the following formula, viz. : "In the presence of God and 
of the directors of this seminary, I do solemnly and ex animo adopt, 
receive, and subscribe the Confession of Faith, and Catechisms, of the 
Presbyterian Church in the United States of America, as the confession 
of my faith, and as containing the system of doctrine taught in the Holy 
Scriptures, and therein revealed by God to man for his salvation; and I 
do solemnly and ex animo profess to receive the form of government of 
the said Church as agreeable to the inspired oracles. 

" And I do solemnly promise and engage, not to inculcate, teach nor 
insinuate anything which shall appear to contradict or contravene, either 
directly or impliedly, anything taught in the said Confession of Faith or 
Catechisms; nor to oppose any of the fundamental principles of Presby- 
terian Church government, while I shall continue a professor in this 
seminary. ' ' 

4. The salaries of the professors shall be fixed by the Board of 
Directors. 

5. The same person shall not be eligible to a professorship in the 
seminary and at the same time to membership in the Board of Directors. 

6. Each professor shall lay before the Board of Directors, as soon as 
practicable after his appointment, a detailed exhibition of the system and 
method which he proposes to pursue, and the subjects which he proposes 

* See Note 2, under Article i, Section 4. 



506 FORM OF GOVERNMENT, CHAP. XII. 

to discuss in conducting the studies of the youth that shall come under 
his care; and in this system he shall make such alterations or additions 
as the Board shall direct; so that eventually the whole course through 
which the pupils shall be carried shall conform to that which the Board 
of Directors shall have approved and sanctioned, conformably to Article 
ii, Section 6, of this Plan. And as often as any professor shall think 
that variations and additions of importance may be advantageously 
introduced into his course of teaching, he shall submit the same to the 
Board of Directors, for their approbation or rejection. 

7. Any professor intending to resign his office shall give at least one 
month's notice of such intention to the Board of Directors. 

8. The professors of the institution shall be considered as a faculty. 
They shall meet at such seasons as they may judge proper. The faculty 
shall choose a clerk and keep accurate records of all their proceedings. 
The clerk of the faculty shall call a meeting whenever he shall deem it 
expedient, and whenever he shall be requested to do so by any other 
member. By the faculty, regularly convened, shall be determined the 
hours and seasons at which the classes shall attend the professors sever- 
ally, so as to prevent interference and confusion, and to afford the pupils 
the best opportunities for improvement. The faculty shall attend to and 
decide on all cases of discipline, and all cases of order, as they shall 
arise. They shall agree on the rules of order, decorum and duty (not 
inconsistent with any provision in this Constitution, nor with any order 
of the Board of Directors), to which the students shall be subjected; 
and these they shall cause to be printed and a copy to be placed in the 
hands of each student (see Article ii, Section 10). 

9. The faculty shall be empowered to receive students into the semi- 
nary, and to dismiss from the seminary any student who shall be immoral 
or disorderly in his conduct; or who may be, in their opinion, on any 
account whatsoever, a dangerous or unprofitable member of the insti- 
tution. 

Article IV. Of the Students. 

1. Every student applying for admission to the theological seminary 
shall produce satisfactory testimonials that he possesses good, natural 
talents; and that he is of prudent and discreet deportment; that he is a 
member in full communion of some church; that he has passed through 
a regular course of academical study; or, wanting this, he shall submit 
himself to an examination upon the studies usually taught in such a 
course. And if he shall appear to the professors to be qualified to 
proceed with advantage in the studies of the seminary, he shall be 
admitted as a member of the institution ; otherwise he shall be remanded 
to his academical studies, or advised to relinquish them altogether, with 
the view to the ministry, as shall seem best in the judgment of the faculty. 

2. Every student before he takes his stand in the seminary shall be 
matriculated, by entering in a book, kept for that purpose, his name in 
full, age, place of residence, and place of previous study; and by sub- 
scribing the following declaration, viz. : " Deeply impressed with a sense 
of the importance of improving in knowledge, prudence and piety, in 
my preparation for the Gospel ministry, I solemnly promise, in a reliance 
on divine grace, that I will faithfully and diligently attend on all the 
instructions of this seminary, and that I will conscientiously and vigi- 
lantly observe all the rules adopted for its instruction and government, as 



OF THE GENERAL ASSEMBLY. 507 

far as they relate to the students ; and that I will obey all the lawful 
requisitions, and readily yield to all the wholesome admonitions of the 
professors and directors of the seininarv, while I shall continue a member 
of it." 

3. The students, during the sessions of the seminary, shall attend 
regularly upon the religious services of some one evangelical church as 
each student may select at the beginning of the session, and they shall 
engage in such useful labors in connection with the church whose services 
they attend as may meet the approval of the faculty and the pastor of 
the church. 

Article V. Of the Studies. 
[Omitted.] 

Article VI. Of the Funds. 

1. The Board of Directors shall elect at its first meeting, after the 
regular annual meeting of the Synod, from its own members, a Board of 
five Trustees, which shall become a body corporate to hold in trust the 
property and manage the finances of the seminary. These trustees shall 
make a report to the directors before the end of each Synodical year. 

2. The Board of Directors shall, from time to time, adopt such plans 
as they may think proper for the improvement and increase of the funds, 
and make such appropriations of them for particular purposes as they 
may think necessary, not inconsistent with the terms and conditions of 
any devise or bequest which may hereafter be made to the seminary. 

3. The trustees shall, through the proper officer, at any time and as 
often as required, lay before the Board of Directors an explicit statement 
in writing of the funds belonging to the seminary, of the several items 
that constitute that amount, together with the place and manner of their 
investment, and an accurate account of the income and expenditures in 
detail for the preceding year. 

4. 2S o money shall at any time or for any purpose be drawn from the 
funds except by order of the Board of Trustees, which order shall in 
every case be duly signed by the president and secretary of said 
Board, and that order when presented shall be the treasurer's sufficient 
voucher. 

5. The intention and direction of testators or donors, in regard to 
moneys or other properties left or given to the seminary, shall, at all 
times, be sacredly regarded. And if any individual, or any number of 
individuals, not greater than three, shall by will, or during his or their 
lives, found or endow a professorship or professorships, a scholarship or 
scholarships, or a fund or funds, destined for special purposes, such 
professorship or professorships, scholarship or scholarships, fund or 
funds, shall forever afterwards be called and known by the name or 
names of those who founded or endowed them, or by such other name or 
names as they may designate; and if any congregation, Presbytery, or 
association shall found a professorship or professorships, a scholarship 
or scholarships, or fund or funds, such professorships or scholarships or 
funds shall forever afterwards be called and known by such names as the 
body founding them shall give. 

The corporate name of the seminary is " The San Francisco Theologi- 
cal Seminary," to which may be added for more complete identity, ''of 
the Presbyterian Church in the United States. ' ' 



508 FORM OF GOVERNMENT, CHAP. XII. 

2. Action on the Assembly's Plan of 1894. 

The Board of Directors of the San Francisco Theological Seminary, 
in answer to the request of the General Assembly of the Presbyterian 
Church in the U. S. A., respectfully represent: 

1. That we are in hearty sympathy with the end aimed at by the 
General Assembly in its requests to the theological seminaries of the 
Church as presented in the action of said Assembly, set forth in the 
Minutes of its sessions for the years 1894 and 1895. 

2. That earnestly desiring to comply with said requests,, we, together 
with our Board of Directors, have placed the matter in the hands of our 
attorney, for his consideration and advice; and have received from him 
the following, which we present as part of this our answer, to wit : 

To the Board of Trustees of the San Francisco Theological Seminary : 

Dear Sirs : — You have referred to me the resolutions adopted by the 
General Assembly of 1894, as set forth in its Minutes at pp. 65 and 66, 
and you have requested me to report to you what course is necessary to 
enable you to comply with these resolutions. I beg to submit the 
following reply: N 

The San Francisco Theological Seminary was incorporated under the 
general laws of California, on October 15, 1872, as " a corporation for 
religious and educational objects under the care and control of the Synod 
of the Pacific and the General Assembly of the Presbyterian Church in 
the United States of America. ' ' Its articles of incorporation fixed the 
number of its trustees as five, and the laws under which it was formed 
provide that these trustees shall " take into their possession and custody 
all temporalities of such corporation, whether the same was assessed for 
real or personal estate and whether given, granted or devised, directly or 
indirectly, to such corporation or to any person or persons for its use, 
and in the name of such corporation may sue and be sued, may recover 
and hold all the debts, demands, rights and privileges, all the churches, 
houses, schoolhouses, hospitals, or other buildings, all the estate and 
appurtenances belonging to all houses and buildings that are necessary to 
carry out the objects of the corporation, and perform all duties imposed 
upon them by the regulations, rules or discipline of such organization." 
Under the rules of the seminary, the five trustees constituting this 
governing Board are elected annually out of and by a constituent body 
of twenty-four persons who are delegated for the purpose by the Synods 
of California and Oregon (the successors of the former Synod of the 
Pacific). This constituent body is known as the Board of Directors of 
the seminary, and its members serve for three years, one-third of the 
Board being appointed each year. The Synod of California appoints 
three-fourths of these directors, and the Synod of Oregon appoints the 
remaining one fourth. Although designated as directors, the Board of 
twenty -four individuals really exercise the functions of ordinary members 
or stockholders of a corporation. They may recommend or direct the 
action of the trustees, but cannot compel or coerce them except by 
electing their successors or by limiting their powers. The Synods of 
California and of Oregon have no direct authority over the seminary 
beyond the power of appointment of the directors. Your corporation so 
organized has received large donations of lands and money upon trusts 
for its purposes as a Presbyterian Theological Seminary. It administers 
all these trusts through its Board of Trustees and has none but trust 



OF THE GENERAL ASSEMBLY. 509 

property. The General Assembly requests (its Minutes, 1894, pp. 65 
and 6<o): 

(a) That subject to existing trusts the funds and property of the 
seminary shall be held in trust solely for the purpose of theological educa- 
tion in the doctrines set forth in the Standards of the Presbyterian 
Church in the United States of America. 

(£>), (c) That a veto power shall be given it over all elections of 
directors and appointments of professors and teachers. 

(rf) That in the event of violation of such trusts or disregard of such 
veto, the General Assembly shall be empowered to " provide against 
such violation of said charters and for the enforcement of the same and 
for the protection of the trusts under which said property and funds are 
held, in such manner and in the name of such person or corporation as 
it may direct, by resolution certified by its clerk, in any civil court having 
jurisdiction," etc. 

As to subdivision (a) of these resolutions, your property is all held by 
you under trusts which you are unable to modify or alter. If those 
trusts correspond with the requirements of the General Assembly (and 
I believe all of yours do) they need not be changed ; and if they do not 
so correspond, you cannot change them. 

As to subdivisions (6) and (c), I can see no effective way of surrender- 
ing to the General Assembly the electoral powers of the Board of Direc- 
tors and the business controlled and executed by the Board of Trustees 
in the sense required by these resolutions. Inasmuch as your charter 
declares that your corporation is under the control of the Synod of the 
Pacific and of the General Assembly, no doubt, in some manner, the 
General Assembly could be given a share in the election of the constitu- 
ent body known as the Board of Directors, who are at present appointed 
annually by the Synods of California and Oregon. In that way the 
General Assembly might lawfuly exercise an indirect control, but these 
resolutions require a practical abdication of all corporate functions by 
the seminary, and the substitution of the General Assembly in the place 
of the corporate authorities as at present constituted. I do not believe 
that this can be done in any manner, and there is great danger that any 
attempt to do it would result in a forfeiture of your corporate franchises, 
imperiling your various trusts. No doubt the wishes of the General 
Assembly will always be respected and followed by your corporation in 
the matters referred to in these resolutions, but I know of no way con- 
sistent with the statutes of California to vest in the General Assembly the 
powers which it seeks. 

(d) This portion of the resolution is merely a corollary to the require- 
ments of (a), (6) and (c), and has been substantially answered in 
considering them. 

The performance of the trusts for the benefit of the Presbyterian 
Church and for theological education in Presbyterian tenets can, no 
doubt, be enforced in the several courts by the General Assembly or by 
the Synods. 

The language of resolution (d) is so uncertain that I find it difficult to 
determine just what is desired. I see no way by which you can create 
an interest in the trusts which you hold in favor of the General Assem- 
bly. First, because you cannot modify or alter the terms of those trusts; 
and, second, because the General Assembly itself is a transitory body 
changing each year, having no permanent existence and not capable 



510 FORM OF GOVERNMENT, CHAP. XII. 

apparently of acquiring or holding property rights. The resolution 
implies this in the suggestion that the right shall be conferred upon such 
persons or corporations as the General Assembly may by resolution direct, 
but it seems evident that in creating the right or transferring it by your- 
selves, the recipient must be designated and must be capable of taking. 

I am forced to the conclusion, therefore, that you cannot legally comply 
with any of these resolutions of the General Assembly. I remain, dear 
sirs, faithfullv vours. Charles P. Eells. 

April 24. 181 

That sincerely regretting that the things desired by the Assembly 
have not been presented in such form as to harmonize with the laws of 
the State of California, under which we are incorporated, we desire to 
assure the Assembly of our readiness to do anything in our power which 
may be deemed necessary for the removal of any possible doubt as to the 
perpetual security of the funds of our seminary to our beloved Presby- 
terian Church. 

Approved by the Board of Directors, and respectfully submitted as 
their answer to the General Assemblv's Committee on Theological Semi- 
naries.— 1896, pp. 194-lV 

X. GERMAN PRESBYTERIAN THEOLOGICAL SCHOOL OF THE NORTHWEST. 

re — Located at Dubuque, Iowa. Orsanir I taken under care of the 

Church in 1561.] 

1. Articles of incorporation. 

Article I. 

This corporation shall be known and designated in law by the corporate 
name of the German Presbyterian Theological School of the Northwest. 

Article II 

The object of this incorporation is. and shall be. the instruction and train- 
ing of young men in a course of mathematical, classical, scientific, literary and 
theological studies, for the purpose of qualifying them for preaching, in the 
German language, the Gospel, as contained in th - nptures. and 

forth in the Confession of the Presbyterian Church "in the United States of 
America ; which course shall embrace academical, collegiate and theol 
studies; Proridtd, That, if in the judgment of the General Assembly of the 
Presbyterian Church in the Unite-: :ica. the time shall have come 

when there shall be no need of the preparation of students for a distinctively 
German ministry, then this corporation may be charged with the continu- 
ance of a general educational work, under the supervision of the said General 
blv. 

Article III. 

The business of the corporation shall be managed by a Board of twenty-four 
~ho shall be members of the Presbyterian Church in the U"nited 
States of America, who shall be divided into three classes of eight each. The 
term of office of one class shall expire at the close of the regular annual meet- 
in g in each year, and until their successors are elected the following persons 
shall constitute the said Board of Directors, to wit : (Names omitted.) 

Article IV. 

At every regular annual meeting of the Board of Directors such Board shall 
select the "successors of the class whose terms expire at the close of such meet- 
ing, and shall also, at any meeting, elect successors to such directors whose 
-hall have become vacant by resignation or death, or by ceasing to be a 
member of the Presbyterian Church in the United States of America. The 
election of such directors shall, however, be subject to the approval of the 



OF THE GENERAL ASSEMBLY. 511 

ueeeeding General Assembly of the Presbyterian Church in the United 

- of America, and no election, except to fill a vacancy caused by death, or 
\tion of a director, or his ceasing to be a member of the Presbyterian 

Church, shall take effect until so approved by the General Assembly ; failure 
of the General Assembly to which said elections are reported for approval to 
act thereon shall be regarded as approval of said elections. 

Article V 

The said Board of Directors shall always be subject to the direction, review 
and control of the General Assembly of the Presbyterian Church in the United 

- of America. The election, appointment or transfer of all profc 
and teachers shall be submitted to the succeeding General Assembly for its ap- 
proval, and no such election, appointment or transfer shall take effect, nor 
shall any professor or teacher be inducted into office, until his election, appoint- 

*• transfer shall have been approved by the said General Assembly ; fail- 
ure of the General Assembly to which the said election, appointment or trans- 
fer is reported for approval to act thereon shall be regarded as approval thereof. 
Xo one shall be eligible to the position of professor or teacher who is not either 
a minister or a member in good and regular standing of the Presbyterian 
Church in the United States of America. 

Article VI. 

The corporation shall hold all of its funds and property subject to the terms 
-ring or specified trusts, in trust for the Presbyterian Church in the United 

- of America, for the object and purposes set 'forth in these articles of in- 
corporation, to wit : the academical, collegiate and theological education of 
young men for the ministry of the said Presbyterian Church, and no part of the 
funds and property so held shall be used for any other purpose ; and the theo- 
logical education shall be in accordance with the doctrines set forth in the 
Standards of the Presbyterian Church in the United States of America ; and 
the said Board of Directors shall have full power and authority to encumber 
and convey the real estate of said corporation ; and shall have the charge and 
management of all its property in furtherance of the objects of their corpora- 
tion ;ltnd are charged with the administration of its affairs, in all i> 

and <: ject to the supervision, direction and authority of the General 

AflBeml \y li r=aid. 

Article VII. 

The Board of Directors may appoint an Executive Committee consisting of 
such number of persons as they see fit, a majority of whom shall be members 
of the Board of Directors ; and may authorize such committee to perform 
such duties as the Board are charged with, during the time the Board is not in 
n. But such committee shall not have power to sell or encumber 
the real estate of the corporation, nor to contract any debt, except for the cur- 
rent expenses, or for repairs of the buildings or grounds, unless authorized by 
the Board. 

Article VIII. 

Whenever it shall be expedient to the Board to do so. they are authorized to 
:sh an academical or collegiate department, which shall be distinct and 
: m the theological ; and provide for the investment of funds donated 
or raised for the support of each department separately. 

Article IX. 

All funds or property which shall be contributed to this corporation by 
bequest or devise shall" be kept as trust funds inviolate during the existence of 
this corporation. And in case of dissolution of this corporation for any re 
all property of any kind, including funds held intrust by it. shall be trans- 
to the Board of Education of the Presbyterian Church in the V 
B be held by it in trust as part of its permanent fund- 
the annual income accruing therefrom to be used in the discretion of the Board 
in the education of theological students, preference being given to the students 
of German birth or parentage. 



512 FORM OF GOVERNMENT, CHAP. XII. 

Article X. 

The members, directors or officers of this incorporation shall not be liable 
for its corporate debts. But in the event of the violation of any of the terms 
of these articles of incorporation, or the misuse or diversion of the funds or 
property held by the directors, then the General Assembly of the Presby- 
terian Church in the United States of America shall be empowered to provide 
against such violation of the provisions of these articles of incorporation, and 
for the enforcement of the same, and for the protection of the trusts on which 
said property and funds are held, in the name of such person or corporation, 
as it may direct by resolution, certified by its clerk, in any civil court having 
jurisdiction over this corporation. 

Article XL 

The said school established under the former corporate name shall continue 
to be established and located at the city of Dubuque, county of Dubuque, State 
of Iowa. 

Article XII. 

The regular annual meeting of the Board of Directors shall be held on the 
last Wednesday of April in each year until a different day be fixed by the Board 
of Directors. Seven directors shall constitute a quorum for the transaction of 
business. 

Article XIII. 

This incorporation shall be a reincorporation of the German Theological 
School of the Presbyterian Church of the Northwest, and shall continue fifty 
years unless sooner dissolved by action of the Board of Directors and the con- 
sent of the General Assembly aforesaid. 

I, William Graham, Secretary of the German Presbyterian Theological 
School of the Northwest, do hereby certify that the foregoing articles of rein- 
corporation of the German Presbyterian Theological School of the Northwest 
were adopted at the regular annual meeting of the directors of said school, 
held in the city of Dubuque, on the 29th day of April, A.D. 1896, and are 
hereby submitted to the General Assembly of the Presbyterian Church in the 
United States of America for approval. 

Witness my hand this 14th day of May, A.D. 1896. 

William Graham, Secretary. 

2. Action on the Assembly's Plan of 1894. 
It was unanimously resolved by the Board of Directors at a meeting 
held April 25, 1895, that the recommendations of the Assembly be 
adopted without change. — 1895, p. 162. 

XI. GERMAN THEOLOGICAL SCHOOL OF NEWARK, N. J. 
[Note.— Located at BLoomfield, N. J. Founded 1869; incorporated 1871.] 

1. The charter. 

An act to incorporate the German Theological School of Newark, N. J. 

1. Be it enacted, by the Senate and General Assembly of the State of New 
Jersey, That Jonathan F. Stearns, Joseph Fewsmith, Charles A. Smith, George 
C. Seibert, Charles E. Knox, Thomas N. McCarter, F. Wolcott Jackson, 
William F. Van Wagenen and Philip Doremus, and their successors, are hereby 
constituted a body corporate and politic in fact and in name by the name of 
"The German Theological School of Newark, New Jersey," and by that name 
shall have succession and be capable in law of taking and holding by gift, 
grant, devise, or otherwise, and of holding and conveying both in law and in 
equity, any real or personal estate, and may have a common seal and change 
the same at pleasure. 

2. And be it enacted, That the government of the said corporation shall be 
vested in a Board of Directors, which shall consist of nine members, five of 
whom shall be clergymen and four laymen ; the corporators above named 



OF THE GENERAL ASSEMBLY. 513 

shall be the first Board of Directors of said corporation, and shall be divided 
into three classes, to be numbered one, two and three ; the term of the first 
shall expire in one, the second in two, and the third in three years from the 
first day of May last. Joseph Fewsmith, Charles E. Knox and Thomas N. 
McCarter shall compose the first class ; Charles A. Smith, William F. Van 
Wagenen and Philip Doremus shall compose the second class, and Jonathan 
F. Stearns, George C. Seibert and F. Wolcott Jackson shall compose the third 
class ; each class of directors shall hereafter be chosen for and hold their office 
during three years, and until a new election to supply the place of such class. 

3. And be it enacted, That the Presbytery of Newark may annually here- 
after elect, at its stated spring meeting, three directors of said corporation to 
supply the place of the class which shall expire in that year, and shall also 
have power to fill any vacancy that may have happened by death, resignation or 
otherwise, in any other class, such election to be held in such manner as the 
said Presbytery of Newark shall direct ; and any such election shall be subject 
to review by the next General Assembly of the Presbyterian Church in the 
United States of America ; and in case the said General Assembly shall disap- 
prove of such election, the offices of director or directors disapproved of shall 
thereupon become vacant ; the Board of Directors shall also have power to fill 
all vacancies in their own Board, which may happen from year to year, and 
such appointments shall be valid until the first day of May then next follow- 
ing, or until the election of a successor by the Presbytery as aforesaid. 

4. And be it enacted, That the said directors and their successors shall have 
the management and care of the estate both real and personal of said corpora- 
tion, and shall have power to sell or otherwise dispose of the same in their 
discretion for the purpose of advancing the objects of said school, and shall 
also have power to adopt a constitution and all necessary by-laws and ordi- 
nances for the management and government of said school ; Provided, The 
same be not in conflict with the laws and Constitution of this State or of the 
United States. 

5. And be it enacted, That whenever, from a cessation of German immigra- 
tion or from any other cause, it may be deemed inexpedient longer to main- 
tain said institution as a distinctive German theological school, it shall be law- 
ful for the directors, with the approval of the Presbytery of Newark and of 
the General Assembly of the Presbyterian Church in the United States, to use 
the property and funds of said corporation for any other branch of theological 
education or transfer its property and funds or any part thereof to any other 
theological seminary ; and in case of such transfer of all the property of said 
corporation to another seminary or seminaries, the corporate power hereby 
granted shall cease, and said corporation shall be thereby dissolved. 

6. And be it enacted, That this act shall be deemed a public act, and shall 
go into effect immediately. 

Approved, February 2, 1871. 

2. The supplement to the charter. 

A supplement to the act entitled "An act to incorporate the German Theo- 
logical School of Newark, New Jersey," approved February second, one 
thousand eight hundred and seventy-one. 

1. Be it enacted by the Senate and General Assembly of the State of New 
Jersey, That it shall be lawful for the Presbytery of Newark, on the recom- 
mendation of the Board of Directors of the German Theological School of 
Newark, New Jersey, to increase from time to time the number of the directors 
of said corporation, to any number not exceeding twenty -five in all ; and when- 
ever any such increase shall be made, it shall be so made that one-half of said 
additional directors shall be clergymen and one-half laymen, and said direc- 
tors shall be elected at the time and in the manner directed by the act to which 
this is a supplement, for the election of Directors ; and when so elected said 
additional Directors shall be added to the existing classes in said Board as the 
said Presbytery may direct, but in such manner as to maintain, as nearly as may 
be, equality among the several classes ; and when so classified, said additional 
directors shall respectively hold their offices for the term of the class to which 
they may be respectively assigned. 

2. And be it enacted, That this act shall take effect immediately. 
Approved, March 26, 1873. 

33 



514 FORM OF GOVERNMENT, CHAP. XII. 

3. Constitution. 
Article I. The Presbytery. 

The directors, in accordance with the action of the Presbytery of Newark, 
requiring a report to the Presbytery "at each of its stated meetings," shall 
make their report at the stated spring meeting in a form for transmission to the 
General Assembly, containing the financial statement for the year ; and at the 
stated meeting in the autumn, they shall make the general annual report of the 
seminary. 

Article II The Directors. 

1. The Board of Directors of the G-erman Theological School shall be an- 
nually elected by the Presbytery of Newark, and this election of the Presby- 
tery, as well as any election to vacancy by death, resignation or otherwise, shall 
be held valid unless disapproved by the General Assembly. 

2. No person shall be eligible to the office of Director unless he be a minister 
or member in good standing, of some evangelical church, receiving the West- 
minster Confession of Faith, as adopted by the Presbyterian Churches in this 
country. 

3. Every director on entering upon his office, and also after each reelec- 
tion, shall make the following declaration in the presence of the Board, viz.: 

Approving of the plan and Constitution of the German Theological School 
of Newark and of the Westminster Confession of Faith and the Presbyterian 
form of Church government, I do solemnly promise to maintain the same, so 
long as I shall continue to be a member of the Board of Directors. 

4. In order to carry out the powers vested in them by the act of incorpora- 
tion, the Board of Directors shall have authority to make their own by-laws ; 
hold, manage and disburse the funds of the seminary, appoint all officers, pro- 
fessors and teachers ; fix their salaries ; make laws for the government of the 
institution ; determine their duties ; and in general to adopt all such measures 
not inconsistent with the provisions of the said act and of this Constitution, as 
the interests of this school may require. 

5. The Board shall inaugurate the professors or any officers of the seminary, 
in such manner as they may deem expedient, shall watch over the fidelity of 
all who may be employed in giving instruction ; shall judge of their compe- 
tency, doctrine and morals ; and shall have power, on sufficient evidence that 
the interests of the seminary so require, to remove any officer, professor or 
teacher from office. The Board shall also exercise a fraternal supervision over 
the whole seminary, and shall inspect the discipline of the faculty over the 
students. 

6. The appointment of professors shall be valid until disapproved by the 
General Assembly. 

7. Five members, at any meeting of the Board regularly convened, shall be a 
quorum for the transaction of all ordinary business ; but the purchase and con- 
veyance of real estate, the appointment and removal of any member of the 
faculty or permanent teacher and the fixing of their salaries shall require an 
affirmative vote of not less than seven. 

8. The Board shall annually elect from its own number, and so often as may 
be necessary, a president of the Board, a vice-president, a secretary and a 
treasurer, who shall hold their offices until others are elected, and whose 
duties shall be prescribed in the by-laws. The treasurer, when required, shall 
give his bond, with securities satisfactory to the Board for the faithful perform- 
ance of his duties. 

9. The Board shall also annually appoint from their own number, four stand- 
ing committees, viz., a Committee on Instruction, a Committee on the Seminary 
Buildings, a Committee on Finance aud an Auditing Committee. The duties 
of these committees shall be fully defined in the by-laws. 

10. The Board shall hold at least four stated meetings in each year ; and 
may meet as often on their own adjournment or at the call of the presiding 
officer as may be deemed expedient. 

Article III. The Faculty. 

1. The faculty shall consist of the president, professors and permanent in- 
structors of the school, who shall be ordained ministers of the Gospel. 

2. Every member of the faculty shall, on entering upon his office and trien- 



OF THE GENERAL ASSEMBLY. 515 

nially thereafter or when required by the Board, so long as he remains in 
office, make and subscribe the following declaration in the presence of the 
Board, viz.: 

I believe the Scriptures of the Old and New Testament to be the Word of 
God, the only infallible rule of faith and practice ; and I do now, in the pres- 
ence of God and the directors of this seminary, solemnly and sincerely receive 
and adopt the Westminster Confession of Faith, as containing the system of 
doctrine taught in the Holy Scriptures. I do also, in like manner, approve of 
the Presbyterian Form of Government, and I do solemnly promise that I will 
not teach or inculcate anything which shall be subversive of the said system of 
doctrine, or of the principles of said Form of Government, so long as I shall 
continue to be a professor or instructor in this institution. 

3. If any professor or instructor shall refuse, at the stated time, to repeat the 
above declaration, he shall forthwith cease to be a professor or instructor in 
the institution. 

4. The faculty shall have the immediate care and inspection of the students 
and shall execute the laws of the school, subject to the advice and control of 
the Board of Directors. They shall, in connection with the Committee on In- 
struction, admit and dismiss students, discipline the disorderly, determine the 
daily duties of the students, and exercise a fraternal care over all the members 
of the school. 

5. The faculty shall fix the time and manner of their own meetings, keep a 
fair record of their proceedings and exhibit the same to the Board of Directors 
whenever required ; and whenever required shall present to the Board a writ- 
ten report of the condition of the several departments. 

6. Any member of the faculty intending to resign his office, shall give in 
writing at least three months' notice of such intention to the Board of Directors, 
which notice shall be duly entered upon their minutes. 

Article IV. Instruction. 

[Omitted.] 
Article V. The Students. 

1. This Theological School shall be open for the admission of students of the 
requisite qualifications from every denomination of Christians. 

2. No student shall be matriculated unless he present, on examination, satis- 
factory evidence of a truly regenerate life, and in ordinary cases of his good 
standing in some Christian Church. 

3. At his matriculation every student shall make and subscribe the following 
declaration, in the presence of the faculty, viz. : 

Deeply impressed with a sense of my duty to God and to this Theological 
School, I do solemnly declare my intention of pursuing a full course of theo- 
logical study, and I clo promise, so long as I shall remain a member of this 
institution, to attend faithfully to all the duties and instructions of the regular 
course, to observe all the laws, to yield ready obedience to the requisitions of 
the faculty and the Board of Directors, and to observe and do, according to 
my best knowledge, all other things pertaining to my situation as a student of 
theology. 

Article VI. The Library. 

1. The librarian shall be appointed by the Board of Directors. He shall 
have the care of the library and the library rooms, and shall report annually to 
the Board of Directors. 

2. The rules for the safe keeping and management of the library shall be 
prepared by the librarian, with the advice of the faculty, and shall be subject 
to the approval of the Board of Directors. 

Article VII. Scholarships. 

Any person or persons who shall pay into the treasury, or bequeath by will, 
the sum of two thousand dollars or more, for the purpose of founding a scholar- 
ship shall have the privilege not only of naming such scholarship, but also of 
nominating, during his or their life-time, the beneficiaries who are placed upon 
said foundation. 



516 FORM OF GOVERNMENT, CHAP. XII. 

Article VIII. Donations and Endowments. 

All devises, subscriptions and donations to the funds of this school shall be 
sacredly considered as made to uphold and teach the doctrinal basis contained 
in the Constitution of the Presbyterian Church in the United States of America. 

Article IX. Amendments to the Constitution. 

1. The Board of Directors shall have power at any meeting regularly con- 
vened, to make any amendments to this Constitution not inconsistent with the 
acts of incorporation or with the Constitution of the Presbyterian Church of 
the United States of America ; Provided, The said amendments shall have 
been proposed at a previous meeting and shall be passed by an affirmative vote 
of not less than two-thirds of the members of the Board. 

2. All articles of the previous Constitution not embodied in the present Con- 
stitution are hereby abrogated. 

4. Action on the Assembly's Plan of 1894. 

After the conference meeting between the Committee of the General 
Assembly and the directors of the German Theological School of Newark, 
held April 9, the Board considered the subject of the conference for two 
hours, and postponed action to the stated meeting of the Board held yes- 
terday, when the following resolution was adopted: " This Board, having 
duly considered the arguments so admirably presented by the General 
Assembly's Committee, would respectfully report that it does not see its 
way clear to accept the changes proposed." — 1895, p. 162. Repeated, 
1897, p. 109. 

XII. LINCOLN UNIVERSITY. 

[Note. — P. O., Lincoln University, Pa. Originally founded as "Ashmun Institute," 
in 185L Its Theological Department was placed in 1871 under the care of the Gen- 
eral Assembly.] 

1. The charter. 

An act to incorporate the Ashmun Institute. 

Section L Be it enacted by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by the authority of the same, That there shall be and hereby is estab- 
lished at or near a place called Hinsonville, in the county of Chester, an insti- 
tution of learning for the scientific, classical and theological education of 
colored youth of the male sex, by the name, style and title of the "Ashmun 
Institute," under the care and direction of a Board of Trustees, not exceeding 
nine in number, who, with their successors in office, shall be and hereby are 
declared to be one body politic and corporate, in deed and in law, to be known 
by the name, style and title of the "Ashmun Institute," and by the same shall 
have perpetual succession, and shall be able to sue and be sued, to plead and 
be impleaded in all courts of law and equity, and shall be capable in law and 
equity to take, hold and purchase for the use and benefit of said institute, lands, 
goods, chattels and moneys of any kind whatever, by gift, grant, conveyance, 
devise orbequest from any person or persons whomsoever capable of making the 
same, and the same from time to time to sell, convey, mortgage or dispose of for 
the use and benefit of said institute, and they shall have power to have a com- 
mon seal ; to erect such buildings as may be necessary for the purposes of said 
institute, and to provide libraries, apparatus and all other needful means of im- 
parting a full and thorough course of instruction in any or all the departments of 
science, literature, the liberal arts, classics, and theology, and to do all and singu- 
lar the matters and things for the purposes of this act, which any corporation or 
body politic may or can do for the well being of said institute, and for the due 
management and ordering of the affairs thereof, w T hich may not be contrary to 
the Constitution and laws of this State or of the United States ; And Provided, 
That the clear yearly value and income of said estates shall not exceed in 
value the sum of six thousand dollars. 

Sec. 2. That for the present the trustees of the said institute shall be John 
M. Dickey, Alfred Hamilton, Robert P. Du Bois, James Latta, John B. Spotts- 
wood, James M. Crowell, Samuel J. Dickey, John M. Kelton and William 



OF THE GENERAL ASSEMBLY. 517 

Wilson, who, or any five of them, on and after the passage of this act, shall 
have power to organize the said Board of Trustees, and after such organiza- 
tion, three members of the said Board shall constitute a quorum to do business 
at any meeting called in due form according to the by-laws established by the 
said Board. 

Sec. 3. That the Board of Trustees aforesaid, at the meeting in which they 
are organized, shall arrange themselves in three classes of three each by lot, of 
which classes the first shall serve one year, the second shall serve two years, 
and the third shall serve three years ; when vacancies occur, and ever after- 
wards, they shall be filled by persons elected by the Presbytery of New Castle, 
who shall choose three trustees annually to serve for three years, as well as 
fill all vacancies made by death, resignation or otherwise ; Provided, however, 
That if the said Presbytery shall at any time fail to elect successors to those 
whose term of office has expired, the same shall continue to act as members of 
the Board until others shall have been chosen in their place. 

Sec. 4. That the Board of Trustees, under the general instructions from the 
Presbytery of Newcastle, shall have power to purchase, put up or procure 
suitable buildings and improvements only as they may have the necessary 
means, in no case ever involving the said Presbytery in pecuniary obligations ; 
they shall have power to appoint and remove the necessary professors and 
teachers, and name their salaries ; to establish rules and regulations for the 
government of the institution ; to appoint such officers and agents for their 
own body as may be deemed expedient, and to adopt and establish their own 
by-laws and regulations ; Provided, That none of the said by-laws and regula- 
tions shall extend to an alienation of the lands and tenements or other capital 
stock of the institute, or to a dissolution thereof, except by the consent of the 
said Presbytery ; they shall have power to procure the endowment of the 
institute, not exceeding the sum of one hundred thousand dollars, and when 
required by the aforesaid Presbytery, they shall report to it the state of the insti- 
tute, the state of the funds, and of all the interests committed to their trust. 

Sec. 5. That the trustees shall have power to confer such literary degrees 
and academic honors as are usually granted by colleges upon such pupils as 
shall have completed in a satisfactory manner the prescribed course of study. 

Sec 6. That the trustees shall faithfully appropriate all moneys and other 
effects that may come into their hands for the sole benefit of the said institu- 
tion, nor shall any bequest or donation made to and accepted by the said Board 
for specific educational objects ever be diverted from the purposes designated by 
the donor. 

Sec 7. That the institute shall be open to the admission of colored pupils of 
the male sex of all religious denominations, who exhibit a fair moral character, 
and are willing to yield a ready obedience to the general regulations prescribed 
for the conduct of the pupils and the government of the institution. 

Sec 8. That no misnomer of said corporation shall defeat or annul any gift, 
grant, devise or bequest to or from the said corporation; Provided, That the 
intent of the parties shall sufficiently appear upon the face of the gift, will or 
writing whereby any estate or interest was intended to be passed to or from 
said corporation. 

E. B. Chase, 
Speaker of the House of Representatives. 
M. McCaslin, 

Speaker of the Senate. 

Approved, the twenty-ninth day of April, one thousand eight hundred and 
fifty -four. 

Wm. Bigler. 

2. Supplements to the charter. 

A supplement to an act to incorporate the Ashmun Institute, approved the 
twenty-ninth day of April, Anno Domini one thousand eight hundred and 
fifty-four, changing the name of said institute, enlarging the Board of 
Trustees, increasing their right to hold property, and authorizing the con- 
ferring of degrees. 
Section 1. Be it enacted by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by the authority of the same, That the name, style and title of the 
Ashmun Institute shall be changed to that of the Lincoln University. 



518 FORM OF GOVERNMENT, CHAP. XII. 

Sec. 2. That the Presbytery of New Castle shall, at their next meeting, 
elect a Board of Trustees, consisting of twenty-one members, five of whom shall 
constitute a quorum ; which Board, at the meeting at which they shall organize, 
shall arrange themselves in three classes, of seven each, by lot, of which classes 
the first shall serve one year, the second shall serve two years, and the third 
shall serve three years ; when vacancies occur, and ever afterwards, they shall 
be filled by persons elected by said Presbytery, who shall choose seven 
trustees, annually, to serve for three years, as well as fill all vacancies made 
by death, resignation, or otherwise ; Provided, That if the said Presbytery 
shall, at any time, fail to elect successors to those whose term of office has ex- 
pired, the members of the said Board, continuing in office, shall elect proper 
persons to succeed those whose term of office has expired. 

Sec. 3. That the said corporation, or their successors, by the name, style 
and title aforesaid, shall be able and capable in law and equity, to take and 
hold, for themselves and their successors, for the use and objects of said cor- 
poration, lands, tenements, goods and chattels, of whatever kind, nature and 
quality, real, personal and mixed, which now is or shall hereafter become, the 
property of said corporation, by gift, grant, bargain, sale, conveyance, demise, 
bequest, or otherwise, from any person, or persons, whatsoever, capable of 
making the same, and the same to grant, bargain, sell, or otherwise dispose of, 
for the use of said university ; Provided, That the yearly value, or income, of 
said estate shall not, at any time, exceed thirty thousand dollars. 

Sec. 4. That the trustees of said university shall have full power to confer 
all such literary degrees and academic honors and titles, as are usually con- 
ferred by university corporations. 

James R. Kelley, 
Speaker of the House of Representatives. 
David Fleming, 

Speaker of the Senate. 

Approved, the fourth day of April, Anno Domini one thousand eight hun- 
dred and sixty-six. 

A. G. Curtin. 

A supplement to an act to incorporate the Ashmun Institute. 

Section 1. Be it enacted by the Senate and House of Representatives of the 
Commonwealth of Pennsylvania in General Assembly met, and it is hereby 
enacted by the authority of the same, That so much of the charter of Ash- 
mun Institute, approved the twenty-ninth day of April, one thousand eight 
hundred and fifty-four, and of the supplement approved the fourth day of 
April, one thousand eight hundred and sixty-six, as refers to the supervision 
of the Presbytery of New Castle in the affairs of the said Ashmun Institute, 
now known by the corporate title of Lincoln University, be and the same is 
hereby repealed ; and all powers and authority in the affairs of Lincoln 
University, heretofore held by the Presbytery of New Castle, be and is hereby 
conferred upon the Board of Trustees of said Lincoln University ; and that the 
term of office of members of said Board, to be hereafter elected, be extended 
from three to seven years, and that three trustees be elected each year by the 
Board, at their annual meeting ; and in case of the failure of the Board to elect 
trustees, the existing members shall continue in office until their successors 
shall be elected ; and that hereafter the General Assembly of the Presbyterian 
Church in the United States shall hold a veto power in the election of pro- 
fessors in the theological department in the said Lincoln University. 

James H. Webb, 
Speaker of the House of Representatives. 
William A. Wallace, 

Speaker of the Senate. 

Approved, the eighteenth day of February, Anno Domini one thousand eight 
hundred and seventy-one. 

John W. Geary. 

The above is a certified copy of the charter of Lincoln University and its 
amendments made June 12, 1889, by 

Charles W. Stone, 
Secretary of Commonwealth of Pennsylvania. 



OF THE GENERAL ASSEMBLY. 519 

Amendments, 1897. 

[Note.— A certified copy of the changes in the charter of Lincoln University made 
in 1897 is not in hand. The changes in relation to the Assembly's powers are given 
on this page, sub-head c] 

3. Action on the Assembly's plan of 1894. 

a. Resolved, 1. Therefore, in view of the unique character of our 
institution and the fact that our funds are held largely in undivided 
interests, we do not see our way clear to take steps in the direction indi- 
cated by the General Assembly in respect to finances. 

2. As the right of the Assembly to veto the election of professors is 
provided for by our charter, we profoundly believe that the rights of the 
Assembly are at present secured. We understand the Assembly's right 
to cover all transfers and appointments as well as original elections. 

3. We are perfectly willing for the time to come to declare a trust to 
be held for the Presbyterian Church in case of all funds for theological 
education when donors so designate. — 1895, p. 163. 

b. The trustees of this institution took the following action: 
Resolved, 1. We are perfectly willing for the future to declare a trust 

to be held for the Presbyterian Church, U. S. A. , in case of all funds 
for theological education when donors do not otherwise designate. 

2. That in the event of the violation of any of the terms of said 
amendments, or misuse or diversion of the funds or property held by us, 
then the General Assembly shall be empowered to provide against such 
violation of the provisions of said charter and for the enforcement of the 
same and for the protection of the trusts on which said property and 
funds are held, in such manner and in the name of such persons or cor- 
poration as it may direct by resolution certified by its Clerk in any civil 
court having jurisdiction over the corporation whose charters are so 
amended. 

A Committee was appointed to take legal advice and formulate changes 
in the charter according to the above action, to be acted upon at our meet- 
ing in June. — 1896, p. 193. 

C. Amendments, 1897. — That the General Assembly of the Presby- 
terian Church in the United States of America shall hold a veto power 
in the election of professors in the theological department in the said 
Lincoln University. That nothing shall be done or taught in the theo- 
logical department of said institution contrary to the Constitution and 
government of the Presbyterian Church in the United States of America. 
That all property and funds of whatever kind henceforth given to said 
institution for theological education therein shall be held by said cor- 
poration in trust for the said the Presbyterian Church in the United 
States of America, for the purpose of theological education in said 
institution, unless the donors of said property or funds shall designate 
otherwise. 

And that in the event of the violation of any of the terms of these 
amendments, or of the misuse or diversion by said corporation of the 
property or funds so held in trust, then the General Assembly of said 
Church shall have power to enforce the same and to protect the trust on 
which such property and funds are held, in any civil court having juris- 
diction over said corporation, in such manner and in the name of such 
person or corporation as the said General Assembly may by resolution 
direct.— 1897, p. 210. 



520 FORM OF GOVERNMENT, CHAP. XII. 

XIII. RIDDLE UNIVERSITY. 

[Note.— Located at Charlotte, N. C. Established in 1868.] 

1. Charter. 

An act to incorporate the Biddle University. 

Whereas, It is desirable to encourage and promote useful knowledge among 
the freedmen ; and 

Whereas, An institution of learning for their benefit has been established 
near the city of Charlotte, in the county of Mecklenburg, by the Presbyterian 
Church in the United States of America, under a charter granted in pursuance 
of Sections fourteen and fifteen, of Chapter twenty-six, of the Revised Code of 
North Carolina, said institution being known and designated in said charter as 
Biddle Memorial Institute ; and 

Whereas, For a more efficient organization of the same, it is desirable to have 
a charter from the General Assembly of North Carolina ; therefore, 

Section 1. The General Assembly of North Carolina do enact, That Luke 
Dorland, Amos S. Billingsley, Willard Richardson, S. Loomis, J. H. Shedd, 
D. J. Sanders, James Allison, James B. Lyon, John C. McComb, R. S. 
Davis, E. Nye Hutchison, Rufus Barringer, W. R. Coles, and their succes- 
sors in office, duly elected and appointed as hereinafter provided, be, and they 
are, hereby declared, a body politic and corporate, in law and in fact, to have 
perpetual succession by the name and style of the Biddle University, and 
by that name and style shall have perpetual succession, and shall forever 
be capable in law to take, receive and hold all manner of lands, tenements, 
rents, annuities, and other hereditaments which at any time or times heretofore 
have been granted, bargained, sold, released, devised, or otherwise conveyed 
to said corporation ; and the same lands, rents, annuities, and other heredita- 
ments are hereby vested in the said corporation forever; also that the said 
corporation, at all times hereafter, shall be able and capable to purchase, have, 
receive, take, hold and enjo}% in fee simple or lesser estate or estates, any 
lands, tenements, rents, annuities, or other hereditaments, by the gift, grant, 
bargain, sale, alienation, release, confirmation or devise of any person or per- 
sons or bodies corporate or politic capable and able to make the same ; and, 
further, shall be capable in law to take, receive and possess all moneys, aoods 
and chattels that have been given, or shall hereafter be given, sold, released, 
or bequeathed by any person or persons for the use of said university, and the 
same to apply according to the will of the donors ; and all such lands, rents, 
tenements, hereditaments, moneys, goods and chattels of what kind, nature or 
quality soever the same may be, the said corporation shall have, hold, possess 
and use in special trust and confidence for the use and benefit of the Presby- 
terian Church in the United States of America, for the purpose of establishing 
and endowing said university at the site hereinbefore selected therefor, for the 
education of men of the colored race for the ministry, for catechists, and for 
teachers. 

Sec. 2. And be it further enacted by the authority aforesaid, That the said 
corporation shall be able and capable in law to bargain, 'sell, grant, convey 
and confirm to the purchaser or purchasers such lands, rents, tenements and 
hereditaments aforesaid, when the condition of the grant to them or the will of 
their devisor does not forbid it ; and the proceeds arising therefrom shall be 
held in trust for the use and benefit of the Presbyterian Church in the 
United States of America, for the education of men of the colored race and 
others, for the ministry, for teachers, and for catechists ; and further, that the 
said corporation may sue and be sued, plead and be impleaded, answer and be 
answered in all courts of record whatever, in all manner of suits, complaints, 
pleas, matters and demands. 

Sec. 3. And be it further enacted bj' the authority aforesaid, That the said 
corporation shall have power to make, ordain and establish such by-laws, ordi- 
nances and regulations for the government of said university, and the. pres- 
ervation of order and good morals therein, as are usually made in such insti- 
tutions and to them may seem necessary ; Provided, The same be not repugnant 
to the Constitution and laws of this State or of the United States, and be not 
disapproved by the Board of Missions for Freedmen of the Presbyterian Church 
in the United States of America. 



OF THE GENERAL ASSEMBLY. 521 

Sec. 4. And oe it further enacted by the authority aforesaid, That the said 
corporation shall have power to make and use a common seal, with such device 
and inscription as the Board of Trustees may think fit and proper, and may 
alter and renew the same at their pleasure. 

Sec 5. And be it further enacted by the authority aforesaid, That the Board 
of Trustees of said university shall consist of fifteen members ; said trustees, at 
their first meeting after the ratification of this act, which meeting shall be held 
at the university, due notice having been given thereof, shall divide them- 
selves into three classes, each consisting of five members, of which classes one 
shall hold office for a term of one year, one for a term of two years, and one 
for a term of three years ; and the successors of each of said classes shall hold 
office for a term of three years, or until their successors are elected. The 
Board of Trustees of the university shall, on the nomination of the Board of 
Missions for Freedmen of the Presbyterian Church in the United States of* 
America, annually elect five persons to fill the vacancies arising from the ex- 
piration of the term of office for which any of said trustees shall have been 
elected, and vacancies due to any other cause shall be filled in like manner ; 
Provided, however, That no professor or instructor in the university shall be 
elected to the office of trustee thereof; but the president of the university 
shall have the right to be present at all the meetings of the Board of Trustees 
and to speak on any subject that may be presented, but he shall not have the 
right to vote. 

Sec 6. Be it further enacted, That the Board of Trustees shall have the 
power to elect a president and professors and tutors for the several colleges of 
the said university, upon the nomination of the Board of Missions for Freed- 
men of the Presbyterian Church in the United States of America, and no pro- 
fessor or tutor shall be retained in the university who is not acceptable to both 
the Board of Trustees and the said Board of Missions for Freedmen, but the 
Board of Trustees shall report the election of professors in the theological 
department to the General Assembly of the Presbyterian Church in the United 
States of America, and said Assembly shall have the power to disapprove and 
annul the same. 

Sec 7. And be it further enacted by the authority aforesaid, That the presi- 
dent and professors of said university, by and with the consent of the Board of 
Trustees, shall have the power of conferring all such degrees or marks of liter- 
ary distinction as are usually conferred in colleges or universities. 

Sec 8. And be it further enacted by the authority aforesaid, That the Board 
of Trustees may as often as they see proper, according to rules by them to be 
prescribed, elect out of their own number a president, whose office it shall be 
to preside at the meetings of said Board, and said Board shall have authority to 
appoint a treasurer, secretary and such other officers or servants as shall by 
them be deemed necessary, to continue in office for such time and to be suc- 
ceeded by others in such manner as the said Board shall direct ; and not less 
than five of said trustees shall be required to constitute a quorum for the trans- 
action of business. Said treasurer shall give to said corporation a bond, con- 
ditioned for the faithful discharge of his duties in a penalty to be fixed and 
with sureties to be approved by said Board of Missions for Freedmen. 

Sec 9. And be it further enacted by the authority aforesaid, That it shall 
not be lawful for any person or persons to set up or continue any gaming table 
or any device whatever for playing at any game of chance or hazard, by what- 
ever name called, or to receive or use any license to retail spirituous liquors or 
otherwise to sell, give or convey to any person or persons any intoxicating 
liquors within one mile of said university, and any person or persons who shall 
offend against the provisions of this section, or any of them, shall be deemed 
guilty of a misdemeanor. 

Sec 10. Be it further enacted by the authority aforesaid, That the whole 
amount of real and personal estate belonging to said corporation shall not at 
any one time exceed in value the sum of one million dollars, and said corpora- 
tion shall be entitled to hold two hundred acres of land free from taxation. 

Sec 11. Be it further enacted, That all laws and parts of laws coming in con- 
flict with this act be, and the same are, hereby repealed ; and that this act shall 
be in force from and after its ratification. 



522 FORM OP GOVERNMENT, CHAP. XII. 

XIV. PRESBYTERIAN THEOLOGICAL SEMINARY AT OMAHA. 

[Note.— Located at Omaha, Neb. Established in 1891.] 

1. Articles of incorporation. 

We, the undersigned, whose names are attached to these articles, desiring to 
establish in the county of Douglas and State of Nebraska, a theological insti- 
tution for instruction in the faith and doctrine of the Presbyterian Church in 
the United States of America, do formulate, adopt and publish as its charter 
these articles of association. 

Article I. 

The name of this association shall be "The Presbyterian Theological Semi- 
nary at Omaha " and shall be located in Douglas county, Nebraska. 

Article II. 

The said seminary and said association shall be under the jurisdiction 
and amenable to the General Assembly of the Presbyterian Church in the 
United States of America, as hereinafter more particularly provided. 

Article III. 

The object and purpose for which this association is formed and the said 
seminary created is for the professional and ecclesiastical education of candi- 
dates for the Christian ministry, according to the faith and doctrines as herein- 
after specified. 

Article IV. 

This association shall be controlled by a Board of forty directors, who shall 
have the power to fill vacancies which may occur in their Board, and shall hold 
their office until their successors are elected and qualified according to the con- 
stitution, rules and by-laws of this association, all of which, however, at all 
times shall be subject to the terms and conditions hereinafter named. 

Article V. 

There shall be elected by the Board of Directors, at each annual meeting 
thereof, a president, vice-president, secretary, corresponding secretary and 
treasurer, and they shall also have power to elect and transfer professors, lec- 
turers, instructors and such other officers and agents as may be necessary, the 
compensation of each to be fixed by said Board of Directors. Said directors 
shall also have power to enact such by-laws as may be necessary for the gov- 
ernment of the seminary and for conducting the affairs of this corporation, not 
inconsistent with the terms and provisions of this charter. The election or 
transfer of any officer or agent shall be subject to approval and removal, as 
hereinafter provided. Before any director enters upon the execution of the 
duties of his office, he shall subscribe in a book kept for that purpose the fol- 
lowing engagement : 

"In the presence of God I do solemnly promise that I will faithfully execute 
the office of director of 'The Presbyterian Theological Seminary at Omaha ' in 
accordance with its articles of association, constitution and by-laws, so long as 
I continue in office, and shall be amenable to the provisions of said articles, 
constitution and by-laws." 

An executive committee shall be elected by the directors and be not more 
than ten in number nor less than five ; have and exercise only such power as 
may be vested in them by the directors and the constitution and by-laws of 
the association. 

Article VI. 

This corporation shall have a seal, which shall have on its face the words, 
" The Presbyterian Theological Seminary at Omaha. Seal." 

Article VII. 

This association, by and through its directors and officers, shall have power 
to invest and loan all moneys and funds, and, by bargain, sale, lease, or other- 



OF THE GENERAL ASSEMBLY. 523 

■wise, to manage, sell and dispose of any and all lands, tenements, stocks, rents, 
annuities, franchises, legacies, bequests and estates of any kind of which they 
shall be legally seized and possessed, unless otherwise prevented by the terms 
and conditions by which it became seized and possessed of said property, in 
each and every case, however, for the sole use of said seminary and the promo- 
tion of the objects for which it is established, and in conformity to the provi- 
sions of these articles. 

Article VIII. 

In order that the Presbyterian Church in the United States of America may 
have and exercise proper control over the teachings in and property of " The 
Presbyterian Theological Seminary at Omaha," it is hereby provided as 
follows : 

A. All funds and property of every name and nature, and the income and 
proceeds thereof, which may at any time belong to, or be held by the said 
" The Presbyterian Theological Seminary at Omaha," shall beheld by it in 
trust for the Presbyterian Church in the United States of America, and be used 
only for theological education in the faith and doctrine set forth in the Stand- 
ards of the Presbyterian Church in the United States of America, as now or 
hereafter interpreted by its General Assembly, and for no other purpose and 
this provision governing all said funds or property shall be irrevocable and 
inviolable. 

B. The election of each and every director, and the election, appointment or 
transfer of every instructor or professor in said seminary, shall be subject to the 
approval of the next succeeding General Assembly of the Presbyterian Church 
in the United States of America, and no election, appointment or transfer shall 
take effect until so approved ; the failure of the General Assembly, to which 
said elections, appointments or transfers are reported for approval to act 
thereon, shall be regarded as approval of said elections. No professor, in- 
structor or teacher shall be inducted into office until his election, appointment 
or transfer is approved as herein provided, and each and every of said teachers, 
instructors or professors shall be ministers or members in good standing of the 
Presbyterian Church in the United States of America. 

C. Power and authority is hereby given and granted to the Presbyterian 
Church in the United States of America, to provide through and by its General 
Assembly, at any meeting thereof, such manner and means as said General 
Assembly may deem wise and prudent for the enforcement of the provisions 
of these articles of incorporation, and may do so in the name of such person or 
corporation as it may direct by resolution certified by its clerk in any civil 
court having jurisdiction over this corporation or its property. 

2. Act of the Legislature of Nebraska. 

A bill for an act to amend section 19, chapter 16 (being general section 1694) 
of the Compiled Statutes of 1895, and to repeal said original section and to 
add thereto provisions relating to the holding of property in trust for pur- 
poses of theological education, and to provide for enforcement of said 
trust and the administration thereof. 

Be it enacted by the Legislature of the State of Nebraska : 
Section 1, Section 19, chapter 16 (being general section 1694) of the Com- 
piled Statutes of 1895, be amended to read as follows : 

The trustees of any university, college, theological seminary, or academy, 
may hold in trust any property, devised, bequeathed or donated to such insti- 
tution upon any specific trust consistent with the object of said corporation. 
Provided, however, That any corporation formed for the purpose of providing 
theological education, or giving religious instruction, or for the purpose of 
maintaining and operating a theological seminary in connection with, or on 
the part of, any religious sect, association or denomination, is hereby authorized 
and empowered to set forth in its articles, or certificate of incorporation, as a 
part of the same, the name of the religious sect, association or denomination, 
with which it is connected, and to declare that it shall acquire and hold its real 
and personal property in trust for the purpose of theological education or in- 
struction, according to the standards of said religious sect, association or de- 
nomination, and it is further authorized and empowered to grant to the supreme 
court or other ecclesiastical body of such religious sect, association or denomi- 
nation, whether the same be a conference, Presbytery, Synod, General Assem- 



524 FORM OF GOVERNMENT, CHAP. XIII. 

bly, convocation, or otherwise, the right to approve the election of its directors, 
trustees, professors, teachers and instructors, without which approval the 
election of said directors, trustees, professors, teachers and instructors shall 
not be valid, and it is further authorized and empowered to grant to said 
supreme court or other ecclesiastical body of such religious sect, association or 
denomination, authority to appear in any court of competent jurisdiction in 
the name of such person as it may designate for and on its behalf, to protect 
the trust in and to said property so declared in said articles of incorporation, 
and to provide against the misuse of the same, and to enforce the rights con- 
ferred on said supreme court or other ecclesiastical body of such religious sect, 
association or denomination, by the terms of said article or certificate of incor- 
poration ; and it is further authorized and empowered to set forth, in its articles 
or certificate of incorporation, such other rights as to the administration of the 
purpose for which it is organized, and not inconsistent with the laws of this 
State, or of the United States, as said incorporation may desire to confer on 
said supreme court or other ecclesiastical body of such religious sect, associa- 
tion or denomination, and said supreme court or other ecclesiastical body of 
such religious sect, association or denomination, shall possess and exercise all 
the rights and powers so set forth in said articles or certificate of incorporation. 
Provided, further, Any corporation heretofore formed for the purpose of pro- 
viding theological education or giving religious instruction or for the purpose 
of maintaining and operating a theological seminary in connection with or on 
the part of any religious sect, association or denomination, which has been in- 
corporated under the laws of this State, whether by special act of the legisla- 
ture or otherwise, may avail itself of the provisions of the preceding section as 
a part of its articles or certificate of incorporation, and may declare the trust 
on which it holds and for which it acquires its property, and may confer on the 
supreme court or other ecclesiastical body of such religious sect, association or 
denomination, any or all of the rights, powers and privileges provided by this 
section to be conferred on corporations hereafter organized, and may accept 
the provisions of this section by a vote of the majority of the trustees of said 
corporation present at a regular meeting, and when so accepted, a certified 
copy of such acceptance, together with a certified copy of the declaration of 
trust on which it holds and for which it acquires its property, and of the rights 
and powers which, pursuant to the provisions of this section, it desires to con- 
fer and has conferred upon the supreme court or other ecclesiastical body of 
such religious sect, association or denomination, shall be filed in the office of 
the Secretary of Slate, and when so filed the same shall become and be a part 
of the charter of said corporation, and said supreme court or other ecclesiasti- 
cal body of such religious sect, association or denomination, shall possess and 
exercise all of the rights and powers so set forth in said articles or certificate 
of incorporation. 

Sec. 2. That said original section 19 (general section 1694) of the Com- 
piled Statutes of 1895 be and the same hereby is repealed. 

3. Action of the Board of Directors, 1895. 

In order that the Presbyterian Church in the United States of America 
may have and exercise proper control over the teachings in, and property 
of, ' ' The Presbyterian Theological Seminary at Omaha, ' ' the Board of 
Directors added Article VIII to the Articles of Incorporation. See page 
523. 

[Note. — For the full action of the Board, see Minutes, 1895, p. 163.] 



CHAPTER XIII. 



OF ELECTING AND ORDAINING RULING ELDERS 
AND DEACONS. 

I. Having defined the officers of the church, and the judicatories by 
which it shall be governed, it is proper here to prescribe the mode in 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 525 

which ecclesiastical rulers should be ordaiued to their respective offices, 
as well as some of the principles by which they shall be regulated in 
discharging their several duties. 

II. Every congregation shall elect persons to the office of ruling elder, 
and to the office of deacon, or either of them, in the mode most approved 
and in use in that congregation. But in all cases the persons elected must 
be male members in full communion in the church in which they are to 
exercise their office. 

[Note.— See Form of Government, Chap, v, Sec. 1, p. 148.] 

1. Elders must be duly elected and set apart. 

The following inquiry was referred to the decision of the Assembly by 
the Synod of the Carolinas, viz. : 

In what point of light are the elders nominated and ordained by Mr. 
Balch to be viewed hereafter in Mount Bethel congregation? 

It was determined by the Assembly that the ' ' elders ' ' mentioned in 
the inquiry are to be henceforth viewed as private church members only, 
unless they be duly elected and set apart as church officers hereafter. — 
1798, p. 158. 

2 The Session may propose names to the congregation. 

The reports on the records of the Synod of Pittsburgh were taken up 
and read. The majority report is as follows, viz. : * ' The Committee to 
whom the records of the Synod of Pittsburgh were committed would 
report that they have examined the same and find them regularly and 
neatly kept, and would recommend their approval." 

The report of the minority is as follows, viz. : ' ' The minority of the 
Committee on the Records of the Synod of Pittsburgh recommend that 
they be approved, with the exception of the censure passed on the Pres- 
bytery of Redstone, p. 284, for their disapproval of the action of the 
Session of Morgantown in nominating two persons to the office of ruling 
elder in that congregation, and recommend that the judgment of the 
Synod be reversed, and that the following resolution be adopted, to wit : 

1 ' Resolved, That in the judgment of the Assembly, the nomination by 
the Session of persons to the office of ruling elder or deacon is contrary 
to Form of Government, Chap, xiii, Sec. ii, which says, ' Every congre- 
gation shall elect persons to the office of ruling elder or deacon in the 
mode most approved and in use in that congregation, ' and is inconsistent 
with the freedom of elections. ' ' 

On motion the report of the majority was adopted as the sense of the 
Assembly, and the whole ordered to be entered on the minutes. — 
1847, p. 381, O. S. 

3. A meeting for the election of elders can be called regularly only 
by the Session or by some higher court. 

Overture, from two ruling elders of the Brazeau Church, Presby- 
tery of Potosi, Synod of Missouri, as follows: "Is it regular for a 
congregation, where there is no pastor, and a Session of two ruling 
elders, to call a meeting of the congregation and elect a new Session 
without consulting the Session of the church where said election was 
made by a small minority of the church ?" 

The Committee recommend the following answer: "The Session of a 



526 • FORM OF GOVERNMENT, CHAP. XIII. 

church should always be consulted with reference to calling a meeting 
for the election of additional ruling elders; and it is irregular to call a 
meeting for such a purpose, and proceed to an election, unless the meet- 
ing is called through and by authority of the Session or some higher 
court. ' ' 

The report and recommendation were adopted. — 1867, p. 320, O. S. 

4. Relation of the Session to the meeting of the electors. 

In an election of elders in a particular church, should the meeting 
for the election be presided over by the Session and is the Session alone 
competent to conduct the election ? 

The Committee recommend that the Presbytery be referred to Chap, 
xiii, Sec. ii, of the Form of Government. Adopted. — 1878, p. 57. 

5. The pastor is Moderator ex-officio of a meeting to elect elders 

and deacons. 

Overture No. 5, being a request from the Synod of New York for an 
answer to the following question: " Is the pastor of a church, by virtue 
of his office, the Moderator of a meeting of the communicants of his 
church called to elect ruling elders and deacons, and will the answer to 
this question also apply to regularly appointed Moderators of Sessions 
who are not pastors?" It is recommended that these questions be 
answered in the affirmative. — 1886, p. 26. 

6. A superior judicature may authorize the meeting. 

That the entire church take immediate measures to elect a new bench 
of elders, with a view to promote the peace of the church, and to 
secure the permanent settlement of the Gospel ministry among them. — 
1834, p. 453. 

TNote. — See under vii, below. 1 

7. The remedy in case the Session refuse to convene the congre- 

gation is to complain to Presbytery. 

The Session of a church has the authority to convene the congregation 
for all such purposes; but should the Session neglect or refuse to con- 
vene the congregation, the party feeling aggrieved has its remedy by 
application to Presbytery in the form of a complaint. — 1822, p. 49. 

[Note.— See 12, below, p. 530 ; 1840, p. 305, O. S. Also Book of Discipline, Sec. lxxi, 
p. 678.] 

8. Irregularity in call of meeting does not necessarily invalidate the 

election. 

a. G. B. Smith and J. T. Clark were elected elders of the Church 
of Madison, Wis., at a meeting held on Sunday, August 26, 1855. 
David Dennon and H. J. Davidson were elected deacons. Notice of 
the meeting had been given on the previous Sabbath from the pulpit, 
and also on the day of meeting. Messrs. G. B. Smith and J. T. Clark 
were ordained as elders on the evening of that day. David Dennon 
was at the same time ordained as deacon. At the next meeting of Pres- 
bytery, called pro re nata, at the request of the party opposed to the 
present complainants, J. T. Clark and J. Y. Smith both claimed seats 
as the representatives of the Madison Church. Mr. Clark had been 
appointed by the Session, the vote being a tie, and the casting vote being 
given for him by the Moderator. The two former elders of the church, 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 527 

one of whom was an ordained minister and a member of the Presbytery 
of Dane, withdrew, alleging that they disputed the fact that the other 
two were elders. At the Presbytery, J. Y. Smith contested the right of 
Clark to a seat in that body, on the ground that the meeting to elect 
elders had not been called by order of the existing Session. The exist- 
ing or former Session and their party had due notice of the meeting, 
and were present at its commencement. They attempted to postpone 
the election, and withdrew after the majority had voted to proceed with 
the election. 

The Presbytery of Dane admitted Mr. Clark to his seat, thus recog- 
nizing the validity of his election and ordination. Against this action 
of the Presbytery, J. Y. Smith and his party complained to the Synod 
of Wisconsin. The Synod sustained the complaint, thus pronouncing 
the election and the ordination of the new elders invalid. Against this 
decision of the Synod, Mr. Gardiner and Mr. J. T. Clark complain. 

The above is the statement of the case as agreed upon by the parties. 
It is submitted with a view of saving the time of the Assembly. 

The Judicial Committee recommend to the Assembly the adoption of 
the following minute, as a final settlement of the case, agreed on by 
both parties: 

1 . That the complaint be sustained pro forma, and the decision of the 
Synod be reversed, so far as it pronounces the election and ordination of 
the elders and deacons invalid, the Assembly being of opinion that the 
informality in the call of the congregational meeting was not so serious 
as to vitiate the election and ordination. 

2. That the Synod was right in pronouncing the call of the congrega- 
tional meeting irregular. 

3. That although the Assembly thus recognize the validity of the elec- 
tion and ordination of the said elders and deacons, they yet recommend, 
the said elders having assented thereto by their representatives, that in 
view of past and existing difficulties the said elders and deacons cease to 
act, according to our Form of Government, until such time as in the 
estimation of the Presbytery of Dane the church can be reasonably 
harmonious in receiving them in their official capacity. — 1856, p. 517, 
O. S. 

9. Ministers are not eligible to the eldership. 

a. Overture from sundry members of the Assembly, inquiring whether 
an ordained minister may accept and exercise the office of ruling elder 
in a church belonging to the same Presbytery of which he is a member. 

At the recommendation of the Committee this was answered in the 
negative.— 1856, p. 522, O. S. ; confirmed, 1871, p. 546. 

b. The Special Committee, appointed by the last Assembly, on the 
relation of unemployed ministers to the churches among whom they 
reside, presented their report, which was adopted, and is as follows: 

By the last General Assembly, which met at Dayton, O., the under- 
signed were appointed a Committee to consider and report upon the 
following resolution (see Minutes, 1864, p. 462): 

Resolved, That the subject of the relation of unemployed ministers to 
the churches among whom they reside, and whom they may be desired 
and are disposed to serve as ruling elders, be referred to a Committee to 
consider and recommend what action can and ought to be taken by the 
Assembly for removing the constitutional restriction which prevents the 



528 FORM OF GOVERNMENT, CHAP. XIII. 

employment of such ministers in the service of the Church as ruling 
elders, and report to the next Assembly. 

The " constitutional restriction" referred to is found in the Form of 
Government, Chap, xiii, Sec. ii, where it is said that persons elected to 
the offices of ruling elder and of deacon must "in all cases" be male 
members in full communiou in the church in which they are to exercise 
their office. By the practice of our Church, ministers are not members 
of any particular church, and therefore cannot be eligible to the above 
offices. 

The case might be reached constitutionally in one of two ways. The 
first would be an alteration of the above rule, making an express excep- 
tion in respect to " unemployed ministers;" but this would involve the 
infelicity and inconvenience of holding two offices, and would require 
adjustments of other parts of the Constitution. 

The other mode would be the adoption of a constitutional provision, 
allowing, in certain well-defined cases, the demitting of the ministerial 
office. While some of your Committee are inclined to this course, yet 
they do not think it expedient to recommend it for adoption without 
further discussion and more specific instructions from the Assembly. 

At the same time your Committee are unanimously of the opinion that 
any church has a right to avail itself of the experience and wisdom of 
such unemployed ministers. While it cannot directly invest such minis- 
ters with the office of ruling elder, yet it may, by a formal vote, request 
them to take part in all the deliberations of the Session. What is 
desirable in the case may thus be gained without any violation of consti- 
tutional provision. — 1865, pp. 13, 1-1, X. S. 

[Note. — See. however, F. G.. Chap, ix. Sees, i, iii. where it is affirmed that a Session 
may not invite a minister of the Gospel to sit as a corresponding member. A minis- 
ter cannot act as a ruling elder, since he is not a ''representative of the people" 
nor elected by the church for that service.] 

C. A minister belonging to the Presbytery of Grand River Valley, now 
editing a paper and not preaching on account of throat difficulty, was 
solicited to accept the office of elder by the First Presbyterian Church, 
of Grand Haven, Mich., was elected unanimously, accepted the office, 
and entered on his duties. The Presbytery, in reviewing the records, 
declared it was irregular, and did nothing more. The pastor of said 
church brought the matter before the Session ; and, after considering the 
case, the Session did nothing. This brother, not being able to preach 
and over sixty years of age, accepted the office of ruling elder because 
he was willing to work in the vineyard of the Lord in a more humble 
capacity, but has not resigned the ministerial office, holding still his place 
as a member of the Presbytery of Grand River Valley. 

The Committee recommended for answer a reference to the report of 
the Special Committee on this subject, made to the Assembly of 1865, 
and found in the Minutes for that year, pp. 13, 14 (see b above). 

The report was adopted. — 1869, p. 282, N. S. 

d. "Is a minister a member of a particular church, and, as such, is 
he eligible to the office of ruling elder in that church V ' 

The Committee recommend that the Assembly answer "No;" and 
refer to the Digest (Moore, 1873), page 339. Adopted.— 1874, p. 84. 

e. Overture from the Presbytery of Cedar Rapids, asking the General 
Assembly to take such action as may be necessary to permit churches, 
when they so desire, to elect as ruling elders ministers of our Church, 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACON-. ~j2\) 

without charge, who are resident me rubers of their congregaii his. 
Committee would recommend that this overture be answered in the d 
tive, because minister- are not members of any particular church, nor 
amenable to its discipline. See "Form of Government,' ' Chap, xiii, 
pted.— 1893, p. 116. 

f. An exception allowed in the cane of foreign mfesionaru . 

Overtures from the Synod of Wisconsin and from the Presbytery of 
-./..._ -whether a minister who fa pelled in 

providence of God to lay aside active ministerial duties is eligible to the 
eldership;" and '-whether an ordained minister can occupy the position 

of a ruling elder in the Church.*' 

The Committee recommend that the Synod and Presbytej 
to the action of the General Assembly (0. S. ; of 1856 see a above;, 
and that that action be now reaffirmed by this Assembly — that an 
ordained minister cannot be also a ruling elder in a congregation. 

And that the Presbytery of Oorisco be also informed that in excep- 
tional cases, on foreign missionary ground, it may be expedient for a 
rnini-ter to perform temporarily the functions of a ruling elder without 
having been specially set apart to the office. — 1871. p. 546. 

g. Overture from the Presbyterian Mission in Korea. In the absence 
of* ordained elders a Session may consist, on a foreign held, of* the 
missionaries in charge of the work. — 1896, p. 147. 

[Note. — See under Form of Government. Chap, ix, Sec. i, p. 157.] 

10. Uniformity in the mode of election deemed impracticable. 

The Committee on Overture "So. 9, relating to an amendment in the 
Form of Government, Chap, xiii, Sec. ii, reported, and their report was 
adopted, and is as follows, viz. : 

The Committee to whom was referred the consideration of Overture 
So. 9, relating to an alteration of that part of the Constitution of our 
Church which gives the right of choosing ruling elders and deacons to 
the congregation, in the way most approved and in use in the congrega- 
tion, reported, that after deliberating on the subject they find themselves 
unable to devise any method by which a uniformity of practice can be 
established in this interesting concern throughout the different sections 
of our Church, and believe that any alteration effected in the Constitu- 
tion, with a view to relieve the difficulties in one section, would produce 
difficulties in another section of the Church. The Committee therefore 
judge it inexpedient to propose any alteration, and recommend that the 
Assembly dismiss this subject from any further consideration. [See 12 
below.]— 1826. p. 187. 

11. The mode most approved and in use may be changed by the 
congregation. Direct vote advised. 

And while the Assembly would recognize the undoubted right of each 
congregation to elect their elders in the mode most approved and in u>e 
among them, they would recommend that in all ca.ses where any dissatis- 
faction appears to exist, the congregation be promptly convened to decide 
on their future mode of election. And they are inclined to believe that 
the spirit of our Constitution would be most fully sustained by having 
in all cases a direct vote of the congregation in the appointment of 
elders.— 1827, p. 215. 

[Note.— See under Sec. viii, p. 541.] 
34 



530 FORM OF GOVERNMENT, CHAP. XIII. 

12. The right of the superior judicatory to interfere with the mode 

in use disavowed. 

The Assembly deem it proper, in sustaining the complaint of the 
Presbytery of Blairsville, to declare that they do it on the ground that 
the decision of the Synod of Pittsburgh, disapproving of the act of the 
Presbytery, if carried into effect, would render it necessary for the 
churches in that Presbytery, and any other within the bounds of that 
Synod whose practice may be the same, to change their usage as to the 
manner of electing ruling elders, which by the Constitution is left to be 
regulated by ' ' the mode most approved and in use in each church. ' ' 
At the same time, the Assembly, in coming to this result have no design 
to establish a uniform mode of electing elders throughout the Church, 
which is designedly left by the Constitution to be regulated by the usage 
of each particular church. 

And it may be added that in those churches in which the usage has 
prevailed for the existing eldership to determine when and how large an 
addition shall be made to the Session, the Church has an effectual 
security against the abuse of that power, in the right of appeal or com- 
plaint secured by the Constitution. — 1840, p. 305, O. S. 

[Note. — See. Chap, xiii, Sec. ii, Form of Government.] 

13. Who are the electors of ruling elders and deacons ? 

a. Members not communicants, where such is the usage. 

The General Assembly, having gone fully into the consideration of the 
appeal from the decision of the Synod of Ohio, by Messrs. Lowerie 
and Kelso, and having seen with deep regret the appearance of much 
disorder in the whole business, which they disapprove, believing, as the 
Assembly do, that the election of elders should be conducted with all due 
deliberation, according to the letter of the Constitution of the Presbyte- 
rian Church, and in the spirit and temper of the Gospel, and although 
the Assembly are of the opinion that it would be most desirable to have 
the communicants only as the electors of ruling elders, yet, as it appears 
to be the custom in some of the churches in the Presbyterian connection, 
to allow this privilege to others, they see no reason why the election be 
considered void, nor any reason why the decision of the Synod of Ohio 
should not be affirmed. Therefore, 

Resolved, That the sentence of the Synod of Ohio be and it is hereby 
affirmed.— 1822, p. 49. 

b. Only baptized persons allowed to vote for ruling elders. 

Ought an unbaptized person, who yet pays his proportion for the sup- 
port of a congregation, to be permitted to vote for ruling elders ? 

The office of ruling elder is an office in the Church of Christ ; that 
ruling elders as such, according to the Constitution, Book I, Form of 
Government, Chap, v, are " the representatives of those by whom they 
are chosen, for the purpose of exercising government and discipline, ' ' 
in the kingdom of our Lord Jesus Christ ; that the discipline lawfully 
exercised by them is the discipline exercised through them by their 
constituents, in whose name and by whose authority they act in all that 
they do. To suppose, therefore, that an unbaptized person, not belong- 
ing to the visible kingdom of the Redeemer, might vote at the election of 
ruling elders, would be to establish the principle that the children of this 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 531 

world might through their representatives exercise discipline in the 
Church of God, which is manifestly unscriptural and contrary to the 
Standards of our Church, and your Committee would therefore recom- 
mend that the question on the said overture be answered in the negative. 
—1830, reprint, p. 284. 

C. Neither the presiding officer nor the Session may disqualify voters 
whose standing has not been impaired by judicial process. 

When a meeting of a church duly called is held for the election of 
elders, may the Moderator presiding at such meeting disqualify voters 
whose standing has not been impaired by regular judicial process ? 

Answered in the negative. — 1896, p. 91. 

Resolved, 1. That neither the presiding officers of church or congrega- 
tional meetings, nor the Sessions of churches, possess the power to deprive 
communicant members in good standing of their right to vote at meetings 
of the church or of the congregation, except by due process of law in ac- 
cordance with the provisions of the Book of Discipline. — 1897, p. 139. 

d. Most consonant to our form of government that communicants only 

be the electors. 

Are others than communicants entitled to vote for ruling elders ? 

The Assembly, in accordance with the decision of former Assemblies, 
judges it most consonant to our form of government that communicants 
only should vote in the election of ruling elders. — 1855, p. 299, O. S. 

Overture. — A resolution, referred by the Assembly, asking for a defini- 
tion of the word "congregation," as used in the chapter of our Disci- 
pline which prescribes the manner of electing ruling elders. Your 
Committee recommend the Assembly to answer, that the term ' ' congre- 
gation ' ' includes only the actual communicants of the particular church. 

Adopted.— 1882, p. 97. 

Resolved, That only communicants in good standing are qualified voters 
at the election of ruling eiders and deacons. — 1897, p. 138. 

e. No distinction to be made as to the age of electors. 

As to the right of minors to vote in the election of elder and deacon. 

That it is not in accordance with the principles and usages of the Pres- 
byterian Church to distinguish between members of the Church as to 
their ages, in voting for officers of the Church. — 1859, p. 18, N. S. 

Paper No. 5, being a complaint of Rev. Arthur C. Ludlow to the 
Synod of Ohio against the action of the Presbytery of Cleveland, touch- 
ing the constitutionality of a provision in the Constitution of the Winder- 
mere Church, limiting participation in the election of "Deacons and 
Elders to communicants over eighteen years of age." Presbytery de- 
clared this clause "plainly unconstitutional." Synod referred the sub- 
ject to the General Assembly for an expression of its judgment. It is 
recommended that the decision of the Presbytery be sustained. Adopted. 
—1897, p. 131. 

f. Roll of members is the list of voters. 

Resolved, 2. That the rolls of communicant members in good standing 
in the possession of the clerks of Sessions shall be the authoritative lists 
of voters at church meetings. — 1897, p. 139. 



532 FORM OF GOVERNMENT, CHAP. XIII. 

g. Two-thirds vote recommended in some cases. 
In cases of trouble within the church connected with the election of 
elders, the Assembly has recommended (p. 537) "the persons so elected 
not to accept the office unless they shall obtain the suffrages of at least 
two-thirds of the electors participating in the election. — 1834, p. 453; 
1893, p. 152. 

14. All office-bearers must faithfully accept the Standards. 
Overture from the Session of the First Church of Dayton, O. , asking 
whether persons who do not accept the teaching of the Church regarding 
infant baptism are eligible to the office of ruling elder or deacon. Your 
Committee recommend that the Assembly return the following answer: 
A faithful acceptance of the Confession of Faith is required of those who 
accept office in our churches ; and if any cannot faithfully accept this 
Confession of Faith, they should decline office in the Church. But, so 
far as the overture refers to a particular case, we recommend that it be 
returned to the church and submitted to the Presbytery. Adopted. — 
1882, pp. 98, 99. 

15. Mode of electing for a term of years. 

[Note. — See Form of Government, Chap, xiii, Sec. viii, p. 541.1 

16. No authority for election and ordination of deaconesses. 

Overture from the Presbytery of Cairo, asking: 

1. Is the election of female members of the Church to the office of 
deaconess consistent with Presbyterian polity ? 

2. If proper to elect them, should they be installed; and if installed, 
should it be done by the regular form for the ordination of deacons, or 
otherwise ? 

The Committee recommends the following answer: 

To questions 1 and 2: The Form of Government, Chap, xiii, Sec. ii, 
declares that ' ' in all cases the persons elected must be male members. ' ' 
In all ages of the Church godly women have been appointed to aid the 
officers of the Church in their labors, especially for the relief of the poor 
and the infirm. They rendered important service in the apostolic 
Church, but they do not appear to have occupied a separate office, to 
have been elected by the people, or to have been ordained and installed. 
There is nothing in our Constitution, in the practice of our Church, or 
in any present emergency to justify the creation of a new office. Adopted. 
—1884, p. 114. 

[Note. — In 1889 an overture was received calling for the consideration of the ques- 
tion of constituting an Order of Deaconesses {Minutes, p. 77). A Committee. Ministers 
—Benjamin B. Warfield, D.D., Samuel J. Niccolls, D.D., Henry C. McCook, D.D. ; 
Elders— Samuel C. Perkins, LL.D., Warner Van Norden, was appointed to report to 
the next Assembly (p. 81). That Committee reported {Minutes, 1890, pp. 119-121), 
recommending an addition to Chap, vi and also to Chap, xiii. Form of Government. 
See the report and proposed overtures as above (1890, pp. 119-121). Both amend- 
ments were rejected by the Presbyteries. See report of the Committee of Canvass 
(1891, pp. 135-139). Overtures " On the Ministrations of Women,'' "On the Official 
Employment of Godly Women" and "On Deaconesses," were referred to the same 
special' Committee on 'Deacons (1891, p. 134). The Committee reported {Minutes. 1892, 
pp. 166-170), recommending alternative overtures: I. Amending Chap, xiii, ii. and 
xiii, iv. II. Amending Chap, xiii by the addition of a section to be numbered ix. 
Both overtures failed of adoption. See report of the Committee of Canvass (1893, pp. 
200, 201).] 

17. Systematic training of women workers commended. 
Resolved, That this General Assembly recognizes the imperative need 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 533 

for a more systematic training of women workers, which shall adapt them 
to the opening spheres of work at home and abroad, and earnestly recom- 
mends to the Synods and Presbyteries, the establishment, as opportunity 
offers, of institutions and training homes for the instruction and training 
of godly women, duly recommended by Sessions and Presbyteries for 
practical Christian work. — 1892, p. 170. 
[Note.— See Minifies, 1S96. p. 130.] 

III. When any person shall have been elected to either of these offices, 
and shall have declared his willingness to accept thereof, he shall be set 
apart in the following manner: 

IV. After sermon, the minister shall state, in a concise manner the 
warrant and nature of the office of ruling elder or deacon, together 
with the character proper to be sustained, and the duties to be fulfilled 
by the officer elect; having done this, he shall propose to the candidate, 
in the presence of the congregation, the following questions, viz. : 

1. Do you believe the Scriptures of the Old and New Testaments to 
be the Word of God, the only infallible rule of faith and practice ? 

2. Do you sincerely receive and adopt the Confession of Faith of tins 
Church, as containing the system of doctrine taught in the Holy Scrip- 
tures ? 

3. Do you approve of the government and discipline of the Presbyte- 
rian Church in these United States ? 

4. Do you accept the office of ruling elder (or deacon, as the case may 
be), in this congregation, and promise faithfully to perform all the duties 
thereof ? 

5. Do you promise to study the peace, unity and purity of the church ? 
The elder or deacon elect having answered these questions in the affirma- 
tive, the minister shall address to the members of the church the follow- 
ing question, viz. : 

" Do you, the members of this church, acknowledge and receive this 
brother as a ruling elder (or deacon), and do ^ou promise to yield him 
all that honor, encouragement and obedience in the Lord to which his 
office, according to the word of God, and the constitution of this Church, 
entitles him ?' ' 

The members of the church having answered this question in the 
affirmative, by holding up their right hands, the minister shall proceed 
to set apart the candidate, by prayer, to the office of ruling elder (or 
deacon, as the case may be), and shall give to him, and to the congrega- 
tion, an exhortation suited to the occasion. 

V. Where there is an existing session it is proper that the members 
of that body, at the close of the service, and in the face of the congre- 
gation, take the newly- ordained elder by the hand, saying in words to 
this purpose, — "We give you the right hand of fellowship to take part 
of this office with us." 



534 FORM OF GOVERNMENT, CHAP. XIII. 

1. Mode of ordination. Laying on of hands approved. 

a. Our Form of Government, Chap, xiii, Sec. iv, declares that such, 
whether elder or deacon, shall be set apart to their respective offices by 
prayer. The imposition of hands, however, we are aware, in many of 
our churches is practiced; and as it is plainly in accordance with apostolic 
example, it is the opinion of the Assembly that it is proper and lawful. 
We conceive that every church in this respect may with propriety be left 
to adopt either of these two modes as they think suitable and best. — 
1833, p. 405. 

b. An overture from the Presbytery of South Alabama on the subject 
of ordaining elders and deacons by the imposition of hands. The Com- 
mittee recommended that it be left to the discretion of each church Ses- 
sion to determine the mode of ordination in this respect, which was 
adopted.— 1842, p. 16, O. S. 

C. The Session of the Mount Bethany Church, having been censured 
by the Presbytery of Memphis for ordaining deacons with the laying 
on of hands, memorialized the Assembly " to determine whether in the 
ordination of elders and deacons it is unconstitutional or otherwise im- 
proper to use the rite of laying on of hands by the existing eldership. ' ' 

Resolved, That the Session of Mount Bethany Church be referred to 
the Minutes of the Assembly of 1842 for an answer to said overture. — 
1851, pp. 12, 35, 172, and 1852, p. 227, O. S. 

2. Ordination essential to the validity of the judicial acts of an elder. 

The Committee on Church Polity reported two questions, with the 
recommendation that they be answered in the negative: 

1st. Is an elder -elect a member of the Session, and competent to sit in 
a judicial case before he has been ordained according to the Form of 
Government ? 

2nd. Would a decision in a case of discipline, made by a Session whose 
members have never been ordained according to the Form of Govern- 
ment, Chap, xiii, be a valid and lawful decision and binding upon the 
accused ? 

The report was adopted.— 1868, p. 58, N. S. 

3. Irregularity in mode of election does not invalidate ordination. 

Your Committee are of opinion that the mode of electing elders in the 
congregation of Wheatland for a term of years was irregular, and 
ought in future to be abandoned, but cannot invalidate the ordination of 
persons thus elected and ordained to the office of ruling elder. — 1835, 
p. 471. 

{Note— See Minutes, 1867, p. 320, 0. S.] 

4. Installation required on resuming the office. 

When a ruling elder in the Presbyterian Church, by removal or other- 
wise, terminates his connection with the Session by whom he was ordained, 
does he require installation before he can regularly exercise again the 
office in the same church or in any other one ? Answered in the affirma- 
tive.— 1849, p. 265, O. S. ; confirmed, 1878, p. 71. 

An overture from the Presbytery of Erie, asking whether the answer 
of the General Assembly of 1849 in relation to the installation of ruling 
elders who have removed from one church to another has a retrospective 
or only a prospective bearing. 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 535 

The Committee recommended the following answer to the question : 
That it has a prospective bearing. 

The recommendation was adopted. — 1850, p. 454, O. S. 

[Note.— See under Sec. viii, No. 2, p. 541.] 

5. An elder who has removed or resigned, if reelected, must be 

again installed. 

Question: " Whether a ruling elder, who has terminated his connec- 
tion with the Session, by removal to another church or by resignation, 
should be reinstalled before he can regularly exercise the duties of his 
office in the same or another church ?" 

The Committee recommend that the answer of the O. S. Assembly of 
1849 to the same general question, be reenacted by this Assembly as the 
answer to this overture. This action is found on page 534 of this 
Digest— 1880, p. 46. 

[Note. — The above is declared not to be retroactive. See under Sec. viii, p. 541 ; 
Minutes, 1880, p. 84.] 

6. Mode of installation of an elder already ordained. 

1. Resolved, That any elder regularly ordained and installed in one 
church and subsequently elected to the same office in another church, and 
who has heretofore, pursuant to such election, served as an elder in such 
church without objection, shall be presumed to have been duly installed 
therein, and his right to act shall not now be questioned. 

2. Resolved, That when an elder shall hereafter be elected to the same 
office in a church other than that in which he has been ordained and 
installed, the minister and Session are hereby enjoined formally to install 
him. 

3. Resolved, That this Assembly hereby declare that the existing law 
of the Church as to the mode of such installation is as follows, viz. : 
After sermon the minister shall speak of the office and duties of ruling 
elders as in case of ordinations, and shall then propose to the elder-elect 
in the presence of the congregation the following questions: Do you sin- 
cerely receive and adopt the Confession of Faith of this Church as 
containing the system of doctrine taught in the Holy Scriptures ? Do 
you accept the office of ruling elder in this congregation, and promise 
faithfully to perform all the duties thereof ? Do you promise to study 
the peace and unity and purity of the Church ? The elder-elect having 
answered these questions in the affirmative, the minister shall ask the 
members of the church whether they accept him, as in cases of ordina- 
tion. The members of the church having answered in the affirma- 
tive by holding up their right hands, the minister shall declare him 
an elder of that church, and accompany this act by exhortation and 
such other proceedings as he may deem suitable and expedient. — 1856, 
p. 539, O. S. 

VI. The offices of ruling elder and deacon are both perpetual, and 
cannot be laid aside at pleasure. No person can be divested of either 
office but by deposition. Yet an elder or deacon may become, by age or 
infirmity, incapable of performing the duties of his office; or he may, 
though chargeable with neither heresy nor immorality, become unaccept- 
able, in his official character, to a majority of the congregation to Avhich 



536 FORM OF GOVERNMENT, CHAP. XIII. 

he belongs. In either of these cases, he may, as often happens with 
respect to a minister, cease to be an acting elder or deacon. 

[Note. — See Form of Government, Chap, iii, Sec. ii, p. 143.] 

1. Perpetuity of the office affirmed. 

a. The Committee to whom was referred Overture No. 1, a communi- 
cation from the Session of Wheatland congregation in reference to the 
appointment of Freeman Edson as a commissioner to this Assembly, beg 
leave to present the following report: 

Agreeably to the Constitution of our Church, the office of ruling elder 
is perpetual (see Form of Government, Chap, xiii, Sec. vi), and cannot 
be laid aside by the will of the individual called to that office, nor can 
any congregation form rules which would make it lawful for any one to 
lay it aside. Your Committee are of opinion that the mode of electing 
elders in the congregation of Wheatland for a term of years was irregu- 
lar and ought in future to be abandoned, but cannot invalidate the 
ordination of persons thus elected and ordained to the office of ruling 
elder. And whereas, it appears that Mr. Freeman Edson was once 
elected to the office of ruling elder in the church of Wheatland, and was 
regularly set apart to that office; whereas, there seems to be some mate- 
rial diversity of views between the Presbytery of Rochester and the 
church Session to which Mr. Edson once belonged as to the manner in 
which, and the principle on which, he ceased to be an acting elder in the 
said church, into which the Assembly have no opportunity at present of 
regularly examining; and whereas, the Presbytery, with a distinct 
knowledge, as is alleged, of all the circumstances attending this case, 
gave Mr. Edson a regular commission as a ruling elder to this General 
Assembly; therefore, 

Resolved, That he retain his seat as a member of this Assembly. — 

1835, p. 471. 

b. Length of service left to the decision of the church. 

In denning its own action, the Assembly is not to be understood as 
deciding that in any case the actual service of the eldership should be 
either permanent or limited; but while the office is perpetual, the time 
of its exercise in each individual congregation may be left to the decision 
of the church itself, according to the mode approved and in use in such 
church.— 1872, p. 75. 

2. Restoration to church privileges does not restore to the eldership. 

When an elder has been suspended from church privileges and again 
restored to the privileges of the church, is he also restored to his office 
as a ruling elder ? 

The two things are distinct; and since an elder as well as a minister 
may be suspended from his office and not from the communion of the 
church, so there may be reasons for continuing his suspension from his 
office after he is restored to the privileges of the church. He cannot be 
restored to the functions of his office without a special and express act of 
the Session for that purpose, with the acquiescence of the church. — 

1836, p. 263. 



or i rarjwaw AND DEACONS. 537 

3. An elder without charge can sit in no church court. 
Aved* That no ruling elder who has retired from the active exercise 
of his office in the church to which he belongs can be admitted as a 
of a Presbyte ~ d or General Assembly. — 1835, p. 489. 



— • - -r-iere who are not reelected 

-_.l.":-.-: :_t j.: ■ - -...-'- fiw term sea - i 1 

. Whenever a ruling elder or deacon, from either of these causes, or 
from any other, not inferring crime, shall be incapable of serving the 
Church to edification, the session shall take order on the subject, and 
state the fad I _-:her with the reasons of it, on their records; Provided 
always, that nothing of this kind shall be done without the concurrence 
of the individual in question, unless by the advice of Presbytery. 

1 Ilders who cannot acquiesce in the decisions of the superior 
courts of the Church should 



A .-7~.'. i - "Session of the Third Presbyterian 

•'_:_-;.:.: :i :„:- .::;•" .-::_j /'■":-. : :;.> ";"i>" ■'.:■■ : — :-•;::: z'i~. 
: heb* office in consequence of the judgment of the Synod 
_• that ehurch. After it was duly considered, they returned the 
folk)-.- via. : The Synod advise them to continue to act as 

elder- se they cannot, consistently with what they apprehend 

to be their duty, continue as sneh and act upon the decisions of Synod, 
that they _ their office, and the congregation proceed to choose 

other elders who may have freedom to act according to the determina- 
- - : - .- - —1772. p. 435. 

2. Ruling elder* may cease to act in order to promote the peace 

of the ehurch. 

a. I _: - T recommend to the whole Session, including 

the majority and the minority, in view of the state of the Fifth Church, 
to take the constitutional steps and cease from acting as ruling elders in 
:_.: ; __-;-t_\.t. _- ;-.:_'. ::_i: '.-.-. -:_:::- :"_:.: :i :.,£t ::_.:_ rL::.:T i_t.>— "e- 

- with a view to promote the peace of the 

c:/::;:. :-.:_l —:::-: :"..- ^r^:.^-.r. -::^:_:i: \i :'_-. >> -\ ^__:*:?7 :.:_ :,■ 

them. And further, that it be recommended to the persons so elected 

not to accept the office unless they shall obtain the suffrages of at least 

_ the electors participating in the election. — 1834, p. 453. 

O. Besotoed, That this Assembly requests the Presbytery of Red- 
stone to consider the expediency of recommending to said elders, in view 
of the dissension which the Assembly has been led to believe exists in 
said congregation, growing ont of said action of the Presbytery, that 
said elders shall take the constitutional steps and cease from acting as 
ruling elders in that congregation, and that the entire church take 
immwti«ip measures to elect two elders in place of said retiring elders, 
promote the peace of the Church ; and of further recom- 
menc. . e persons so elected not to accept the office unless they shall 

obtain the suffrages of at least two-thirds at the electors participating in 
:;.r -:-::: i —1893, p. 151 

— I : the Presbyter - :>ne vs. the Synod of Pennsyl- 



538 FORM OF GOVERNMENT, CHAP. XIII. 

3. The superior court directs an elder to cease to act. 
With the consent of parties, the complaint (of Mr. William B. Guild 
against the Synod of New Jersey) is sustained pro forma; but under 
existing circumstances in the congregation Mr. Guild shall cease to act 
as a ruling elder in the Third Church at Newark, N. J. — 1863, p. 35, 
O. S. 

[Note. — The complaint was that the Synod had by a Committee visited the Third 
Church to see if any member of the Session was unacceptable to the people.] 

4. The Presbytery, without the request of the Session or of members 

of the church, may declare that an elder shall cease to act. 

Overture from the Session of the Presbyterian Church at Ironton, 
Mo., in reference to the power of the Presbytery to declare that a mem- 
ber of the Session shall cease to be an acting elder without any request 
from the Session or any members of the church. 

The Committee would recommend the following answer (see Form of 
Government, Chap, x, Sec. viii) : Presbytery has power to visit particu- 
lar churches for the purpose of inquiring into their state, and redressing 
the evils that may have arisen in them, and to order whatever pertains 
to their spiritual welfare, without being requested by the Session. 

The report was adopted.— 1869, p. 924, O. S. 

5. If a member of Session be unacceptable, and the matter cannot 
be arranged by consent, the proper step is to memorialize Presby- 
tery. 

Overture from two members of the General Assembly, with the 
inquiry: " Has a church Session the right to submit to their church 
members the acceptableness or non-acceptableness of the acting Board of 
ruling elders, or any portion of the Board, and to ask the church to 
settle the question by a vote of the members ?" 

In case of unacceptableness on the part of any member of a church 
Session, and the matter cannot be amicably arranged by consent of 
parties, the proper method of redress is by memorializing the Presbytery 
to give such direction as in its judgment the necessities of the case may 
require, under the provisions of the Form of Government, Chap. xiii. 
—1867, p. 369, O. S. 

The report was adopted. 

6. Resignation of an elder or deacon to be tendered to the Session, 

and to take effect when accepted. 

Overture from the Presbytery of Troy, asking, " To whom shall a 
ruling elder or a deacon offer his resignation when desiring to retire from 
active service, and what constitutional steps are necessary to complete 
the act?" 

The Committee recommend the following answer: The resignation 
should be to the Session; and it will take effect when accepted. 
Adopted.— 1883, p. 626. 

7. The removal of suspension restores all rights and privileges to an 

elder. 

The Judicial Committee presented a report on a complaint of the 
Presbytery of Redstone against the exception of the Synod of Pennsyl- 
vania to the records of said Presbytery in the cases of J. M. Crawford 
and A. D. Boughner, elders. 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 539 

The report was adopted, and is as follows: 

The Judicial Committee has had referred to it a complaint of certain 
members of the Synod of Pennsylvania against the action of the Synod 
in taking exceptions to the minutes of the Presbytery of Redstone while 
in session in Washington, Pa., October 20-24, 1892. From an examina- 
tion of said complaint, and of a certified copy of the minutes of Pres- 
bytery showing the action of the Presbytery to which the Synod took 
exceptions, the following facts appear: 

On the 13th day of March, 1891, after a judicial trial by the Presby- 
tery of Redstone, J. M. Crawford and A. D. Boughner, ruling elders in 
the congregation of Greensborough, were " suspended from office only.*" 
On the 10th day of November following, while in session at West New- 
ton, the Presbytery, after due consideration of the matter, removed the 
suspension, and restored them " to their office only." Afterwards, at 
the same meeting of Presbytery, an additional resolution was adopted, 
restoring said elders to the active discharge of their duties as ruling 
elders in said congregation at Greensborough. To this action of the 
Presbytery the Synod took exception in the following language: 

" The Presbytery, having suspended these elders ' from office only,' 
had the power in due time and in due form to restore them to office. But 
it was for the communicants of the congregation to say whether they should 
be reinstated in the full exercise of the office in that particular church." 

Your Committee, having considered the record of said case, and the 
papers submitted to it, and having also examined the Book of Discipline 
and the decisions of the General Assembly, are of the opinion: 

1. That the judgment of the Presbytery suspending said elders from 
office only, and not from the privileges of the Church, did not in any 
sense terminate finally the relation of said elders to said congregation. 

2. That the removal of said suspension restored said elders to all of 
their rights and privileges (which had been temporarily suspended only), 
including the right to exercise the functions of active ruling elders in 
said congregation of Greensborough; and that, therefore, the second 
resolution of the Presbytery was mere surplusage, and cannot be com- 
plained of except upon that ground. 

Your Committee, therefore, recommends the adoption of the following 
resolution : 

Resolved, That said complaint be remanded to the Synod of Penn- 
sylvania, with instructions to record in its minutes a copy of this report. 
Adopted.— 1893, p. 151. 

8. When an elder resigns, the Presbytery is not competent to 
order his restoration. 

Dr. S. F. Day, declining to have his children baptized, his wife being 
a Baptist, the Session of Wooster Church, in which he was an elder, was 
advised by the Presbytery that in such a case (proposed in thesi) the 
elder should be removed from office. Hereupon Dr. Day gave notice 
to the Session that he resigned the eldership. At a subsequent meeting 
of Presbytery, upon a memorial from Dr. Day, the Presbytery reconsid- 
ered its action, and ordered the Session to restore him. Upon appeal the 
Synod sustained the Presbytery. A complaint was taken up by the 
pastor, the Rev. James H. Baird, and by the Session. The following 
was the decision: 

Whereas, It appears from the record that Dr. Day was removed from 



540 FORM OF GOVERNMENT, CHAP. XIII. 

the Session of the Church of Wooster by his own resignation of his 
office in that church, and not by the judicial action of the Session, it 
was not competent to the Presbytery to order his restoration to office by 
the Session; and therefore the judgment of the Synod of Ohio confirm- 
ing such action of the Presbytery was erroneous and ought to be and is 
hereby reversed, and the complaint of the Session, so far as it relates to 
this point, is sustained. — 1854, p. 33, O. S. 

[Note. — See above. Chap, ix, Sec. ii, p. 160, for a case where an elder refuses to act, 
and has left the church.— 1869, p. 912, 0. S.] 

9. The official relations of an elder to his church terminate with 

his dismission. 

The Presbytery of Iowa City desire the Assembly ' ' to determine when 
the rights and privileges of ruling elders and private members cease, on 
their receiving letters of dismission; and whether the same rule obtains 
as in the dismission of ministers from a Presbytery. ' ' 

The Assembly reply: 

The established rule of the Presbyterian Church in relation to the 
dismission of a minister from his Presbytery is " that in all ordinary 
cases all the rights and privileges of an individual in a Presbytery cease 
when at his request his dismission is granted." 

He may, however, within any reasonable time before he has used his 
letter of dismission, return it to the Presbytery, and then claim all his 
former rights and privileges; but until he has used his letter he is amen- 
able to the Presbytery which has dismissed him. 

Your Committee have not been able to find any specific rule in our 
Form of Government or in the Digest in relation to the dismission of 
ruling elders or of private members from any particular church, indicat- 
ing the precise time when their rights and privileges in that church from 
which, at their own request, they may be dismissed cease ; but we have 
no hesitation in declaring our belief that the same guardian care which 
is extended over dismissed members is, by the very genius and intent of 
our excellent Form of Government, designed also for the protection of 
regularly dismissed elders and private members, as well as for the pre- 
servation of the peace and purity of the Church. 

We therefore respectfully recommend to this Assembly the adoption of 
the following resolutions: That, 

1. The dismission of a ruling elder by letter from a church terminates 
his official relations with that church. 

2. A letter of dismission, whether issued to a ruling elder or private 
member, terminates the relations of the person dismissed with the church 
giving the letter, except so far as said church is responsible for its watch 
and care over him during the period of transition. 

3. These rights and privileges can be regained in that church by 
returning the letters of dismission to the authority which gave them. 

4. These rights and privileges can be secured in any other church 
within the jurisdiction of this General Assembly, by virtue of such 
certificates, provided they are presented to the Session thereof within one 
year from their date ; and until they are presented such persons are 
amenable to the church from which the certificates were received. — 1867, 
p. 512, N. S. 

TNote.— The "rights and privileges" referred to in No. 4 are those of member- 
ship only. See Book of Discipline, Chap, xi, Sec. 109, "Should he return the certifi- 



OF ELECTING AND ORDAINING RULING ELDERS AND DEACONS. 541 

cate within a year from its date, the Session shall make record of the fact, but he 
shall not thereby be restored to the exercise of the functions of any office previously 
held by him in that church."" See, also, Form of Gov., Chap. xxii. in this Digest.] 

VIII. If any particular church, by a vote of members in full com- 
munion, shall prefer to elect ruling elders or deacons for a limited time 
in the exercise of their functions, this may be done; provided, the full 
time be not less than three years and the Session or the Board of Dea- 
cons be made to consist of three classes, one of which only shall be 
elected each year; and provided, that elders, once ordained, shall not be 
divested of the office when they are not reelected, but shall be entitled 
to represent that particular church in the higher judicatories when 
appointed by the Session or the Presbytery. — 1886, p. 108. 

[Note. — Sec. viii as adopted in 1875, Minutes, p. 521, had reference to elders only. 
In 1885 {Minutes, p. 689), request was made by the Presbyteries of Washington City, 
Cleveland and Denver asking for term service for deacons. The section was there- 
fore amended {Minutes, 1886, p. 108) to read as above. 1 

1. Elders not reelected on the adoption of term service cease to be 
acting elders in that particular church. 

Overture from the Presbyteries of Wooster and Blairsville. As to the 
position of existing Sessions in churches which adopt the system of elec- 
tion of elders for a limited time, as provided for in Section viii, of Chap. 
xiii, Form of Government, your Committee recommend this answer: A 
constitutional rule must have power to effect whatever is necessary for 
its practical operation. So soon, therefore, as any particular church, 
under this new provision of the Constitution, shall determine, by a vote 
of its members, in full communion, to elect ruling elders for a limited 
time, and they shall be elected and set apart to their office, elders in 
office by virtue of an earlier appointment cease to be acting elders in 
that particular church — otherwise the Session would not consist of three 
classes, as in such cases required. Adopted. — 1876, p. 74. 

2. When reelected, should be reinstalled. 

a. From the Broadway Presbyterian Church of Rock Island, inquir- 
ing whether rotary elders, where reelected, should be reinstalled. 

Answered in the affirmative. — 1878, p. 71. 

b. A petition asking: Is the reinstallation of elders reelected on 
expiration of their term of service, essential to the continued exercise of 
their office in that church, so that, unless reinstalled, they cease to be 
members of the Session ? 

The Committee recommend that your petitioner be referred to the 
action of the Assembly of 1878, Minutes, p. 71 (see a above). 
Adopted.— 1880, p. 47. 

3. The above not retroactive, and does not invalidate the action 

of the Session. 

The following resolution, relative to the reinstallation of elders, was 
adopted : 

Resolved, That the action of this Assembly on Overtures Nos. 11 and 
18, reported on by the Committee on the Polity of the Church, in refer- 
ence to the reinstallation of elders, is not intended to be retroactive, or 
in any way to affect the validity of the action of Sessions in which elders, 



542 FORM OF GOVERNMENT, CHAP. XIV. 

regularly elected but not reinstalled, may have sat as members. — 1880, 

p. 84. 

[Note. — For action on Overtures 11 and 18, see this Digest, p. 534. In both cases 
it is affirmed that an elder who has removed or resigned, or whose term of service has 
expired, must on reelection be reinstalled.] 

4. Reinstallation of a reelected elder not essential to the validity 
of his office, but is more orderly. 

a. Overture from the Presbytery of Rochester, asking the Assembly 
to allow congregations to reinstall reelected ruling elders or not, accord- 
ing to their usage and discretion. 

The Committee, referring to the action of the last Assembly, on the same 
subject (Minutes, 1880, pp. 47, 84), recommend the following answer : 
While it is not essential to the validity of his office that a ruling elder, 
reelected in a church where the limited term service prevails, be rein- 
stalled, it is nevertheless more orderly, that the fact of his reelection be 
recognized by his reinstallation or in some way equivalent thereto. 
Adopted.— 1881, p. 591. 

b. Overture from the Central Church of Southeast, Presbytery of 
Westchester, asking for an interpretation of the instructions of the last 
Assembly regarding the reinstallation of reelected elders. Your Com- 
mittee recommend the following answer to be given by the Assembly: It 
was the evident intention of the last Assembly to recommend the rein- 
stallation of elders when reelected; and, to make its intention more 
definite, the Assembly hereby strikes out of the previous action the 
phrase, " or in some way equivalent thereto," and adopts it as its answer 
to their overture. Adopted. — 1882, p. 98. 

5. One or two elders may be elected under Sec. viii. 

Overture from the Presbytery of Southern Dakota, concerning the 
construction to be placed upon Chap, xiii, Sec. viii, of the Form of 
Government, relating to the election of elders for a limited term: 
whether, in Home Missionary churches, one or two elders can be elected 
for a limited term. 

The Committee recommend the following answer : When from necessity 
there can be but one elder, for the time being, he may be elected for 
three years, as provided in Chap, xiii, Sec. viii, and reelected at the end 
of that term ; and the division into classes as provided in that section 
should take place as the Session can be increased in number. Adopted. 
—1883, p. 626. 

6. In introducing 1 term service, one or more classes may be 
elected for less than three years. 

In the first organization of Home Missionary churches, when from 
necessity there can be but two elders, how may the provisions of Form 
of Government, Chap, xiii, Sec. viii, be reconciled with the decision of 
the Assembly of 1884 (Digest, 1886, p. 548, 8) that " the provision of 
this section cannot be carried out should the elder be elected for a longer 
or shorter term than three years. ' ' 

Also a paper from certain members of the Presbytery of Chicago, 
asking substantially the same question. 

Your Committee would reply by referring to the principle laid down 
by the Assembly of 1876, p. 74 (Digest, 1886, p. 547, 2), viz.: "A 
constitutional rule must have power to effect whatever is necessary for 



OF LICENSING CANDIDATES. 543 

its practical operation." In the judgment of your Committee, if, in 
introducing the system of term service, it is found necessary to elect 
one or more classes for less than three years, so as ultimately to make 
the classes three, and the term of service three years, it is lawful to do 
so, in accordance with the principle stated above. Adopted. — 1891, p. 
106. 

7. The term must be three years and the classes three. 

Overture from the Presbytery of Erie, asking the following questions: 

1. Is a Presbytery right in confirming the action of congregations 
.which elect ruling elders for terms of four and five years ? 

2. Must the term of service of elders be only three years ? 

The Committee recommends the following answer: The Form of Gov- 
ernment, Chap, xjii, Sec. viii, provides that ruling elders may be elected 
for " a limited time in the exercise of their functions .... provided 
the full term be not less than three years and the Session be made to 
consist of three classes, one of which only shall be elected every year. ' ' 
The provisions of this section cannot be carried out should the elders be 
elected for a longer or shorter term than three years. Adopted. — 1884, 
p. 114. 

[Note.— See No. 6, above; Minutes, 1891, p. 106.] 

8. Elders not reelected under this section may be delegated to 
the superior judicatories. 

Overture from the Presbytery of Newton, with regard to the interpre- 
tation of the constitutional rule, Chap, xiii, Sec. viii. In the judgment 
of this Committee, this rule contemplates that the elders referred to, by 
due appointment of the Session or Presbytery, may become members of 
any of the courts of the Church above the Session. Adopted. — 1876, 
p. 74. 



CHAPTER XIV. 



OF LICENSING CANDIDATES OR PROBATIONERS TO 
PREACH THE GOSPEL. 

I. The Holy Scriptures require that some trial be previously had of 
them who are to be ordained to the ministry of the Gospel, that this 
sacred office may not be degraded by being committed to weak or unwor- 
thy men ; and that the churches may have an opportunity to form a 
better judgment respecting the talents of those by whom they are to be 
instructed and governed. For this purpose Presbyteries shall license 
probationers to preach the Gospel, that after a competent trial of their 
talents, and receiving from the churches a good report, they may in due 
time ordain them to the sacred office. 

1. Preaching without licensure condemned as irregular. 

a. Upon information that David Evan, a lay person, had taken upon 
him publicly to teach or preach among the Welsh in the Great Valley, 
Chester county, it was unanimously agreed that the said Evan had done 



544 FORM OF GOVERNMENT, CHAP. XIV. 

very ill and acted irregularly in thus invading the work of the ministry, 
and was thereupon censured. 

Agreed that the most proper method for advancing David Evan in 
necessary literature to prepare him for the work of the ministry is that 
he lay aside all other business for a twelvemonth, and apply himself 
closely to learning and study under the direction of Mr. Andrews, and 
with the assistance of Mr. Wilson and Anderson, and that it be left to 
the discretion of the said ministers when to put said Evan on trials, and 
license him publicly to teach or preach. — 1710, p. 17. 

b. The Assembly disapproves the conduct of Mr. McCalla in preach- 
ing the Gospel before he was regularly licensed. — 1821, p. 21. 

2. On the licensing and ordaining of women to preach the Gospel. 

a. Overture No. 39, from the Presbytery of Brooklyn, requesting the 
Assembly to adopt and transmit to the Presbyteries for their approval 
such rules as shall forbid the licensing and ordaining of women to the 
Gospel ministry, and the teaching and preaching of women in our pulpits, 
or in the public and promiscuous meetings of the Church of Christ. 

The Committee recommend this answer: That there is no necessity for 
a change in the Constitution of the Church touching this question ; and 
the memorialists are referred to the deliverance of the Assembly of 1832, 
which expresses the judgment of this Assembly. Adopted. — 1872, 
p. 89. 

b. The deliverance referred to is as follows, viz. : 

Meetings of pious women by themselves for conversation and prayer, 
whenever they can conveniently be held, we entirely approve. But let 
not the inspired prohibitions of the great apostle of the Gentiles, as found 
in his Epistles to the Corinthians and to Timothy, be violated. To 
teach and exhort or to lead in prayer, in public and promiscuous assem- 
blies, is clearly forbidden to women in the holy oracles. — Pastoral 
Letter, 1832, p. 378. 

3. Women may not fulfill the offices of public preachers. 

a. "In sustaining the Presbytery of Newark as against the appeal of 
the Rev. I. M. See, the Synod holds that the passages of Scripture 
referred to in the action of Presbytery do prohibit the fulfilling by women 
of the offices of public preachers in the regular assemblies of the Church. ' ' 
The Assembly reaffirm the language above quoted from the decision of 
the Synod as expressing their own opinion. — 1878, pp. 102, 103. 

b. The above reaffirmed. 

The Presbytery of Baltimore asks this Assembly for such an expression 
as will indicate clearly what should govern Presbyterian churches con- 
cerning the occupation of our pulpits by women. 

In reply your Committee would call attention to the judicial deliverance 
of the General Assembly of 1878, sustaining the Presbytery of Newark 
in holding, " That .... passages of Scripture prohibit the fulfilling 
by women of the offices of public preachers in the regular assemblies of 
the churches" {Digest of 1886, p. 549). 

We recommend the reaffirmation of the above deliverance of the Gen- 
eral Assembly as in perfect harmony with the Constitution of our Church. 
Adopted.— 1896, p. 148. 



OF LICENSING CANDIDATES. 545 

4. The Board of Education. 

[Note.— For Plan and Charter of the Board of Education, see pp. 352-356.] 

II. Every candidate for licensure shall be taken on trials by that 
Presbytery to which he most naturally belongs ; and he shall be con- 
sidered as most naturally belonging to that Presbytery within the bounds 
of which he has ordinarily resided. But in case any candidate should 
find it more convenient to put himself under the care of a Presbytery at 
a distance from that to which he most naturally belongs, he may be 
received by the said Presbytery on his producing testimonials, either 
from the Presbytery within the bounds of which he has commonly 
resided, or from any two ministers of that Presbytery in good standing, 
of his exemplary piety and other requisite qualifications. 

1. The usage under the Synod, prior to adoption of the Constitution. 

In answer to the third query, the Synod judge that any student iu 
divinity who professes a design to enter into the ministry has a right in 
our present situation to study for his improvement under the direction of 
any divine of reputation in the Synod, according to a former act ; but 
that when he proposes to enter upon trials with a view to the ministry he 
shall come under the care of that Presbytery to which he most naturally 
belongs, and he shall be deemed most naturally to belong to that Presby- 
tery in whose bounds he has been brought up and lived for the most part 
and where he is best known. But if another Presbytery desire that any 
student or students should come into their bounds, or if any such student 
or students, for greater conveniency, or from any circumstances that 
make it necessary, desire to enter upon trials in a different Presbytery, 
upon his offering satisfactory reasons he may be dismissed ; but in either 
case the Presbytery to which he removes shall not receive nor admit him 
to come under trials upon his having a certificate as a regular church 
member only, but he shall bring a testimonial from the Presbytery or 
several neighboring ministers where he lived, recommending him as a 
candidate for the ministry of exemplary piety and holiness of conversa- 
tion. Nor shall any thing less be esteemed a sufficient recommendation. 
—1764, p. 337. 

2. Licensure by bodies other than those within whose bounds the 
candidate expects to labor disapproved. 

Though the Synod entertains a high regard for the associated churches 
of New England, yet we cannot but judge that students who go to them or 
to any other than our own Presbyteries to obtain license in order to return 
and officiate among us act very irregularly, and are not to be approved 
or employed by our Presbyteries, as hereby we are deprived of the right 
of trying and approving the qualifications of our own candidates ; yet if 
any case may happen wherein such conduct may in some circumstances 
be thought necessary for the greater good of any congregation, it shall 
be laid before the Presbytery to which the congregation belongs and 
approved of by them. — 1764, p. 338. 

[Note.— For action condemning the licensing of a candidate of one Presbytery by 
another without regular dismission, see F. G., Chap, x, Sec. viii, p. 191.] 
35 



546 FORM OF GOVERNMENT, CHAP. XIV. 

3. Candidates should be placed under the care of Presbytery. 

a. It is recommended to the agencies and Committees to endeavor to 
have the young men aided by the Church, especially in their theological 
studies, placed under the care of Presbyteries, and that in all ordinary 
cases they be licensed by those Presbyteries to which they naturally 
belong.— 1854, p. 507, N. S. ; confirmed, 1894, p. 126. 

b. It is recommended that the young men aided by the Assembly's 
Committee be ordinarily placed, as soon as possible, under the care of 
Presbyteries, and that in all ordinary cases they be licensed, if con- 
venient, by the Presbyteries to which they naturally belong. — 1856, p. 
224, K S. ; 1894, p. 126. 

C. Resolved, That candidates should be required to put themselves 
under the care of Presbytery as soon as possible, and receive careful 
supervision during their entire course, and that whatever arrangements 
the Presbyteries may deem expedient to facilitate their training, these 
arrangements should not be such as will tend to shorten the full term of 
study or induce an absence from their classes at either the opening or 
closing of the seminary sessions. — 1857, p. 31, O. S. ; 1894, p. 126. 
[Note.— See also Minutes, 1864, p. 315, O. S.] 

4. Instructions to the Presbytery of New York in the case of theo- 
logical students pursuing studies in certain theological semina- 
ries. 

a. ' ' The Presbytery of New York overtures the General Assembly to 
instruct it in its relation to its duty towards students applying to be taken 
under its care, who are pursuing or purpose to pursue their studies in 
theological seminaries respecting whose teaching the .General Assembly 
disavows responsibility." 

The Committee recommend that the following answer be given: 
We recoguize the general principle that a young man should stand on 
his merits, as revealed by examination, for entrance into the Presby- 
terian ministry, yet: 

1. It is the genius of the whole Presbyterian system to educate its 
ministers through careful training and Presbyterial supervision, " and to 
make effectual provision that all who are admitted as teachers be sound 
in the faith " (Form of Government, Sec. v, Chap. i). 

2. Our book requires that " except in extraordinary cases," before 
licensure the candidate ' ' shall have studied divinity at least two years 
under some approved divine or professor of theology" (Form of Gov- 
ernment, Sec. vi, Chap. xiv). 

3. The General Assembly of 1806 recommended every Presbytery 
under their care " to inspect the education of these youth (those prepar- 
ing for the ministry), during the course of both their academic and 
theological studies, choosing for them such schools, seminaries and teach- 
ers as they may judge most proper and advantageous; so as eventually to 
bring them into the ministry well furnished for their work" (Baird's 
Digest, p. 398). 

4. The General Assembly of 1894 affirmed, that it is the privilege of 
the Presbytery to direct " the education of their students within reason- 
able limits, in schools approved by the General Assembly, and to prohibit 
their attendance at institutions disapproved by the same" (Minutes, 
1894, p. 125). 



OF LICENSING CANDIDATES. 547 

b. Therefore, inasmuch as obedience to the Constitution of the Church 
is obligatory on all Presbyteries, we recommend that, in accordance with 
the provisions of the Form of Government above cited, the Presbytery 
of New York be instructed and enjoined not to receive under its care for 
licensure, students who are pursuing or purpose to pursue their studies in 
theological seminaries respecting whose teaching the General Assembly 
disavows responsibility. Adopted. — 1895, pp. 16, 17. 

5. The above action explained and reaffirmed ; does not relate to the 
licensing 1 of candidates. 

The Judicial Committee presented its report on the response of the 
Presbytery of New York to the action of the Assembly of 1895, which 
was received and adopted, and is as follows: 

The Judicial Committee submit and recommend the adoption of the 
following answer to the ' ' Response ' ' of the Presbytery of New York 
to the answer of the General Assembly to the Presbytery's overture 
as recorded in the Minutes of the General Assembly of 1895 (pp. 76, 
77), referred to the Judicial Committee by the General Assembly from 
the Committee on Bills and Overtures, viz. : 

1. The General Assembly of 1896 reaffirms the action of the General 
Assembly of 1895 concerning the reception by Presbyteries of students 
as candidates who are ' ' pursuing or intending to pursue their theological 
studies in seminaries for whose instructions the General Assembly dis- 
avows responsibility." In so doing we call attention to the fact that the 
Presbytery of New York last year asked the General Assembly to 
instruct it in relation to its duty towards students applying to be taken 
under its care and that the Assembly in response instructed it, using 
substantially its own words. The action of the Assembly did not relate 
to the licensing of candidates, but to the reception of students asking to 
be taken under care. It fully recognized the right of the Presbytery to 
determine the qualifications of candidates for licensure. We also 
express our understanding of the words " instruct " and " enjoin " in 
last year's action to be simply an emphatic repetition in the expression 
of its response to the Presbytery of New York touching the specific 
question overtured. 

2. We call attention to the difference in status between " ministers 
from other denominations ' ' on the one hand, and students seeking to 
enter the ministry of the Church on the other hand, in the relation they 
sustain or seek to sustain to the Church. 

As to ministers ' ' from other denominations, ' ' the General Assembly 
having had no care or supervision of their theological instruction, requires 
an examination as to their change, and reasons therefor, of conviction 
in doctrinal belief and in the Form of Church Government, and of 
their approval of and sincere acceptance of the Standards of the 
Church. 

On the other hand, students seeking to come under the care of Presby- 
teries as candidates for the Gospel ministry have no Presbyterial or 
ecclesiastical status, save what is implied in church membership, but 
having a purpose to qualify themselves in doctrinal belief, for the Gospel 
ministry, it is indispensable for the purity of the Church in doctrine and 
polity, that Presbyteries in receiving them under their care, so direct 
them in all cases when necessary, and if need be, require them to pursue 
their theological studies *' under some approved divine;" or in institu- 



548 FORM OF GOVERNMENT, CHAP. XIV. 

tions or seminaries which have not been disapproved by the Church, that 
their instruction may be in all respects in accord with the doctrine and 
polity of the Church into whose ministry they are seeking to enter. 

3. While fully recognizing the constitutional right of Presbyteries in 
the matter of licensing candidates for the ministry (Form of Govern- 
ment, Chap, xiv), we are nevertheless urgent that Presbyteries have 
special care of their examinations in subjects required by the Form of 
Government, Chap, xiv, Sec. iv, and that due respect be given to the 
deliverances of the General Assembly in the matter of the education of 
students for the Gospel ministry. 

4. We are equally urgent that the same care be taken by Presbyteries 
in their examinations of ministers coming to us from foreign bodies, that 
is urged upon them in the licensure of candidates already under the 
care of Presbyteries. —1896, pp. 160-162. 

6. The above action (4 and 5) universal in application. 

The Judicial Committee reported: 

Judicial Case No. 2, an appeal of A. P. Ketchum, Esq., and twenty- 
one others, against the Synod of New York, and 

Judicial Case No. 3, a complaint of Rev. Robert Russell Booth, D. D. , 
LL.D. , and forty-four others against the same Synod. 

Both cases are against the same action of the Synod. 

The appellants, being also complainants, consent to withdraw the 



The complaint is in order. But we believe the differences can be satis- 
factorily settled for all parties, and for this purpose we recommend the 
adoption of the following, to wit: 

The answer of the General Assembly of 1895 to the Presbytery of 
New York declares that ' ' obedience to the Constitution of the Church is 
obligatory on all the Presbyteries." 

The words ' ' instruct ' ' and ' ' enjoin ' ' in this answer, reaffirmed and 
explained in 1896, are to be regarded as universal in their application; 
and also, " the right of the Presbytery to determine the qualifications of 
candidates for licensure," is a declaration applicable to all Presbyteries 
alike. 

This Assembly emphasizes the fact that all the Presbyteries of the 
Church are under one Constitution, and that what is lawful in one is law- 
ful in all, and that what is unlawful in one is unlawful in all. And the 
Presbyteries in the exercise and discharge of their rights and obligations 
are subject to the Constitutional powers of the higher judicatories. 

The report was adopted. — 1897, p. 41. 

7. Careful supervision to be exercised both in receiving candidates 
and over their studies. 

Resolved, That this Assembly renew the resolution of the Assembly 
of last year {Minutes, p. 524), and " earnestly urge all our Presbyteries 
and Committees ad interim to guard with a becoming caution and a firm 
vigilance the door to the holy office of the ministry so as not to admit to 
that sacred calling men wanting in mental and moral qualifications for 
its high and holy functions. ' ' And furthermore, as a means of exclud- 
ing improper persons, that this Assembly enjoins upon every Presbytery 
which has not so done to appoint a Committee, whose duty it shall be 
to make careful inquiry as to the conduct and progress in study of all the 



OF LICENSING CANDIDATES. 549 

candidates under its care, and to make report to their Presbytery at 
every stated meeting, or oftener if Presbyterial action is needed. — 1860, 
p. 25, O. S. 

8. No candidate to be received by the Board until he has been a 
Church member one year and passed classical studies for one year. 

That it be recommended that the Board of Education hereafter receive 
no candidate for the ministry, until he has been a member of the Church 
at least one year, and has also passed his classical studies, for an academic 
year; except in extraordinary cases to be determined by the Board. 

That increased care be enjoined upon the Presbyteries in bringing 
forward or recommending candidates for the sacred ministry. — 1872, p. 
19. 

9. Candidates must connect themselves with the Presbytery to which 

they naturally belong, 
a. That the candidates of the Board be required to connect themselves 
with the Presbyteries to which they naturally belong, unless for extra- 
ordinary reasons, of which the Presbyteries must be the judge. — 1872, 
p. 19. 

b. Should retain their connection with that Presbytery. 

Overture from the Presbytery of St. Lawrence, asking the Assembly 
" to enjoin upon candidates for the ministry to retain their connection 
with the Presbyteries to which they naturally belong by residence and 
church membership ; also to enjoin Presbyteries not to receive such can- 
didates unless they have received dismission from the Presbyteries to 
which they naturally belong, as above specified; also to enjoin the Board 
of Education carefully to examine into any such cases, and only in 
extreme instances to allow the funds of the Board to be paid to candi- 
dates who do not receive such funds through the Presbyteries to which 
they naturally belong. 

The Committee recommends the Assembly to call the attention of the 
Presbyteries to the Constitution of the Church, and to the action of the 
Assembly of 1872, and to urge them to a more careful observance of the 
principles then laid down, in order, as far as possible, to secure the ends 
contemplated in the overture. Adopted. — 1884, p. 77. 

C. Exceptional case, where no Presbytery exists. 

The Committee, however, are of the opinion that in cases of this 
sort, each should be judged by its own circumstances, and that so far as 
the way is not positively closed by law, necessity should be regarded as 
justifying unusual action. They are of opinion that, in accordance with 
the spirit of Chap, xiv, Sec. 2, of the Form of Government, relating to 
licensure, it would be competent for a candidate on a foreign field where 
no Presbytery exists to put himself under the care of a home Presbytery, 
by virtue of letters from missionaries on that field, and then subse- 
quently by a commission appointed by that Presbytery, after due exami- 
nation, to license and to ordain him, and then to report his name for 
enrollment in the Presbytery authorizing the step. — 1887, p. 25. 

[Note. — See report of Committee on the Ecclesiastical Relations of Foreign Mis- 
sionaries, Minutes, 1887, pp. 18-25.] 

10. A mission has no authority to license or ordain. 

[Note.— See Minutes, 1896, p. 146 ; F. G., Chap, xv, Sec. xv, p. 575.] 



550 FORM OF GOVERNMENT, CHAP. XIV. 

11. Deliverance on the relation sustained by students who have been 
taken under the care of a Presbytery to the Presbytery receiving 
them. 

Overture, being a memorial from the Presbytery of New Brunswick, 
in the case of William J. Krieger. In answer to the Presbytery of New 
Brunswick, asking instructions in the case of Mr. William J. Krieger, 
the Committee recommend in the matter of the relation which students 
who have been received under the care of a Presbytery sustained to the 
Presbytery receiving them, the following interpretation of former deliv- 
erances of the General Assembly be affirmed and declared by this 
Assembly, viz. : 

That it is the duty of such students, whether receiving aid from the 
Board of Education or not, to consult their Presbytery before changing 
their church relation or the school in which they are pursuing their 
studies ; that it is the privilege of the Presbytery to direct their education 
within reasonable limits in schools approved by the General Assembly, 
and to prohibit their attendance at institutions of learning disapproved 
by the same. This interpretation of the law is obvious, because : 

1. The recommendations of the Church upon the subject of candidates 
are, that the candidate usually comes under the care of that Presbytery 
to which he most naturally belongs, and he shall be deemed most natu- 
rally to belong to that Presbytery in whose bounds he has been brought 
up and lived for the most part, and where he is best known (F. G., 
Chap, xiv, Sec. ii). 

2. If, however, a student under care of Presbytery should desire for 
greater convenience to enter into a different Presbytery, upon his offering 
satisfactory reasons he may be dismissed. In such case the Presbytery 
to which he removes shall not receive or admit him to come under trials 
upon his having a certificate as a regular church member only, but he 
shall bring a testimonial from the Presbytery or several neighboring 
ministers where he lived, recommending him as a candidate for the 
ministry, of exemplary piety and holiness of conversation, nor shall 
anything else be deemed a sufficient recommendation (F. G., Chap, xiv, 
Sec. ix). 

3. That candidates should be required to put themselves under the 
care of Presbytery as soon as possible, and receive careful supervision 
during their entire course (Minutes of N. S. Assembly, 1856, p. 223, 
and 1854, p. 506; Moore's Digest, 1886, p. 365). 

4. A rule of the Board of Education (report of 1893, p. 41) is as 
follows: " The Board can rely only upon the Education Committee of 
each Presbytery for the regular care of its own candidates, which should 
include the constant exercise of a parental oversight over them in spir- 
itual things, and the counsel they need as to their mode of preparation, 
their place of study and their trials, and the occupation of their time 
when not engaged in study, in employments which tend to qualify them 
for effective usefulness as pastors or evangelists. ' ' 

This rule has been enforced since the Reunion. 

5. In the case before us, the Presbytery of Dubuque, for reasons 
sufficient in their judgment, declined to dismiss the candidate, William 
J. Krieger, to the Presbytery of New Brunswick. The candidate, 
however, obtained a letter of dismission from the church of his home to 
the church in Princeton. This we deem to have been irregular and 



OF LICENSING CANDIDATES. 551 

wrong, as the policy of the Church is, that the church letter of the can- 
didate should remain within the bounds of the Presbytery under whose 
care he has placed himself. We recommend that candidates be not 
allowed to take their church letters out of the bounds of the Presbytery 
which has charge over them until they are dismissed to the care of an- 
other Presbytery into whose bounds they may then be taken. 

6. In the case before us, considering all the circumstances, we 
would recommend that the Presbytery of Dubuque dismiss the can- 
didate, William J. Krieger, to the care of the Presbytery of New 
Brunswick. 

We make these recommendations under the guidance of Sec. 5, of 
Chapter xii, of the Form of Government, which reads as follows : ' ' To 
the General Assembly also belongs the power of deciding in all contro- 
versies respecting doctrine and discipline," the word discipline being used 
in a governmental sense. — 1894, pp. 125, 126. 

12. The Assembly's power over the education of students. 
Presbyteries directed to supervise. 

After maturely deliberating on the overture, the Assembly determined, 
that the part of it which relates to the selection and education of young 
men of piety and talents for the Gospel ministry, presents a plan which 
they consider as well deserving their countenance and support. But as 
the Presbyteries, of which the Assembly have the oversight, are scattered 
over a wide extent of country, and their circumstances are known to be 
extremely various, it occurred that an absolute injunction on all the 
Presbyteries, immediately to enter into the execution of the plan pro- 
posed, might bear hard on some, if not be entirely incapable of execu- 
tion : on the other hand, merely to recommend an attention to the plan, 
without attaching any responsibility to the neglect of the recommendation, 
appeared to the Assembly incompatible with the high importance of the 
subject, and with their own duty as guardians of the Church, bound 
especially to provide for their people a supply of the Word of Life. It 
was, therefore, determined to take a middle course between these extremes, 
so as to avoid, if possible, the inconveniences of both. With this in 
view it was resolved to recommend, and the Assembly do hereby most 
earnestly recommend to every Presbytery under their care, to use their 
utmost endeavors to increase, by all suitable means in their power, the 
number of promising candidates for the holy ministry : to press it upon 
the parents of pious youth, to endeavor to educate them for the Church ; 
and on the youth themselves, to devote their talents and their lives to the 
sacred calling; to make vigorous exertions to raise funds to assist all 
the youth who may need assistance ; to be careful that the youth they 
take on their funds give such evidence as the nature of the case admits, 
that they possess both talents and piety ; to inspect the education of these 
youth, during the course of both their academical and theological studies, 
choosing for them such schools, seminaries, and teachers, as they may judge 
most proper and advantageous ; so as eventually to bring them into the 
ministry, well furnished for the work. And the Assembly did, and do 
hereby order, that every Presbytery under their care make annually a 
report to the Assembly, stating particularly what they have done in this 
concern, or why (if the case shall so be) they have done nothing in it; 
and that the Assembly will, when these reports are received, consider 
each distinctly, and decide by vote, whether the Presbyteries severally 



552 FORM OF GOVERNMENT, CHAP. XIV. 

shall be considered as having discharged or neglected their duty in this 
important business. — Minutes (Reprint), 1806, pp. 366, 367. 

13. Presbyteries to choose seminaries, etc., for all students. 
Resolved, 2. That in view of the extreme importance of safeguarding 
the polity and doctrine of our Church, this General Assembly affirms 
as applicable to all theological students the deliverance made by the Gen- 
eral Assembly of 1806 (Minutes, as reprinted, p. 367), concerning stu- 
dents who received aid from the Presbyteries, viz. , that the Presbyteries 
inspect their education " during the course of their theological studies, 
choosing for them such schools, seminaries and teachers as they may 
judge most proper and advantageous, so as eventually to bring them into 
the ministry well furnished for their work. — 1897, p. 58. 

14. Rules of the Board of Education, in relation to students. 

[Note. — The Board of Education has adopted rules governing the pecuniary assist- 
ance given to students, and these have been approved by the General Assembly. See 
for their text, pp. 357-362.] 

III. It is proper and requisite that candidates applying to the Presby- 
tery to be licensed to preach the gospel, produce satisfactory testimonials 
of their good moral character, and of their being regular members of 
some particular church. And it is the duty of the Presbytery, for their 
satisfaction with regard to the real piety of such candidates, to examine 
them respecting their experimental acquaintance with religion, and the 
motives which influence them to desire the sacred office. This examina- 
tion shall be close and particular, and in most cases may best be con- 
ducted in the presence of the Presbytery only. And it is recommended 
that the candidate be also required to produce a diploma of bachelor or 
master of arts, from some college or university, or, at least, authentic 
testimonials of his having gone through a regular course of learning. 

1. A liberal education required. 

a. Through the Committee of Overtures it was requested by the first 
Presbytery of Philadelphia that the Synod declare to them their sense 
on this point, viz., whether a person without a liberal education may be 
taken on trials or licensed to preach the Gosj^el. The question being 
put, it was carried in the negative. — 1783, p. 499. 

b. An overture was brought in in the following terms, viz. : ' ' Whether 
in the present state of the Church in America, and the scarcity of minis- 
ters to fill our numerous congregations, the Synod or Presbyteries ought 
therefore to relax, in any degree, in the literary qualifications required 
of intrants into the ministry," and it was carried in the negative by a 
great majority. — 1785, p. 511. 

C. To keep pace with the progress of society and letters. 

Your Committee recommend to the General Assembly to enjoin it upon 
all their Presbyteries to take the most effectual order in their power to 
increase, if possible, the qualifications of candidates for the Gospel min- 
istry with regard both to sincere piety and solid and extensive learning, 
that the improvements of the pulpit may keep full pace with the prog- 
ress of society and letters. — 1799, p. 181. 



OF LICENSING CANDIDATES. 553 

d. Letter to Rev. David Rice on thorough literary training for the 

ministry. 

[Note.— See Minutes {Reprint), 1804, p. 299; Digest,l8S6, p. 367.] 

2. Liberal education waived in certain cases. 

a. Case of John Griffith that he might minister to the Welsh people. 

That those of the Welsh here who testify to the Synod concerning his 
useful preaching and pious conduct are known to be men of judgment 
and integrity; and as the circumstances of that people are singular, and 
bo other way appears in which they can enjoy ordinances, the Synod 
agree that the said Mr. John Griffith, though he has not the measure of 
school learning usually required, and which they judge to be ordinarily 
requisite, be ordained to the work of the ministry, and appoint Messrs. 
Samuel Davies, Dr. Allison, Treat Hunter and Kettletas, to be a Pres- 
bytery pro re nata to ordain him. — 1759, p. 289. 

[Note. — Mr. Griffith was accordingly ordained.] 

b. Case of John Gloucester, a colored man. 

In connection with a communication from the Presbytery of Union, it 
w T as 

Resolved, 1. That the General Assembly highly approve the caution 
and prudence of the Presbytery of Union in this case. 2. That consid- 
ering the circumstances of this particular case — viz., the evidence of 
unusual talents, discretion and piety possessed by John Gloucester — the 
good reason there is to believe that he may be highly useful in preaching 
the Gospel among those of his own color, and the various difficulties 
likely to attend a further delay in proceeding in this case, the General 
Assembly did and hereby do authorize the Presbytery of Philadelphia 
to consider the case of John Gloucester, and if they think proper to 
license him to preach the Gospel. — Minutes {Reprint), 1807, p. 387. 

[Note.— Mr. Gloucester was licensed.] 

3. Great caution prescribed in exceptional licensures. 

Overture from the Trustees of Lincoln University in regard to the 
licensure and the aid of young colored men seeking the ministry. To 
this overture the Committee recommend the following answer: 

1. The General Assembly has no authority to modify the regulations 
of our Form of Government, in respect to the qualifications of licenti- 
ates, so as to make provision for any class of exceptional cases. At the 
same time, the Assembly recognizes the propriety of the exercise, by 
Presbyteries, of a wise discretion in their administration of the functions 
entrusted to them by the Church, in view of the great work to be done 
by our Church among the colored people in this country. The Assem- 
bly specially accords such discretion to those Presbyteries which are 
providentially brought into special relations to that work; meanwhile, in 
view of the experience of several years, enjoining upon such Presbyteries 
the obligation to take great care, lest any incompetent or unworthy men 
be admitted into the ministry of our Church. Adopted. — 1876, p. 72. 

4. In what cases aid shall be withdrawn. 

[Note.— Amendment to Art. vi, Sec. iv, Rules of the Board of Education, p. 359.] 
If at any time there be discovered in a student such defect in capacity, 
diligence, and especially in piety, as would render his introduction in 



554 FORM OF GOVERNMENT, CHAP. XIV. 

the ministry a doubtful measure, it shall be the sacred duty of the 
nmunicate without delay the information received to the 
Eda« imittee of his Presbytery: and if, on careful inquiry on the 

part of the Presbytery, no satisfactory explanation of the defect can be 
aed, or if no response be received by the Board from the Presbytery 
or from their Committee on Education within the current quarter, it shall 
be the dutv of the Board to withdraw their aid altogether. — I 
p. 49. 

5. A candidate must be a member of some particular 
Presbyterian Church. 

Overture from a member of the Presbytery of Whitewater, asking:, 
•• May Chap, xiv. Bee. iii. and first clause of our Form of Government 
be so construed as to allow a Presbytery to license a member of a Meth- 
J-. or Congregational, or other evangelical Church, without 
his first becoming a member of a Presbyterian church ? Or does the 
expression ' some particular church ' mean some particular Presbyte- 
rian church ':" 

The Committee recommend that, inasmuch as the candidate must be 
under the care of the Presbytery, and promise to submit himself to its 
iT'jVcrnment, the Assembly answer the overture in the negative, and 
define the phr ie particular church" to mean some particular 

Presbyterian church. Adopted. — 1-S74. p. , *4. 

IV. Because it is highly reproachful to religion, and dangerous to the 
Church, to entrust the holy ministry to weak and ignorant men, the 
Presbytery shall try each candidate, as to his knowledge of the Latin 
language, and the original languages in which the Holy Scriptures were 
written. They shall also examine him on the arts and science 
theology, natural and revealed; and on ecclesiastical history, the sacra- 
ments, and church government. And in order to make trial of his 
talents to explain and vindicate, and practically to enforce, the d- -ctrines 
of the gospel, the Presbytery shall require of him, 

1. A Latin exe_ — as me common head in divinity. 

2. A critical exercise; in which the candidate shall give a specimen of 
his taste and judgment in sacred criticism, presenting an explication of 
the original text, stating its connection, illustrating its force and beauties, 
removing its difficulties and solving any important questions which it 
may present. 

3. A lecture or exposition of several verses of Scripture and, 

4. A popular sernioa. 

1. The "Latin Exegesis " not stricken out. 

Overtures from the Presbyteries of Genesee, Geneva and Nassau, ask- 
ing for an amendment to the Form of Government, with a view to the 
omission of the Latin ea brom the parts of trial required at the 

examination of probationers for the ministry. The Committee would 
recommend that, as a sufficient relief is afforded by the right of Presby- 
i make exce] seem needful to propose any consti- 

mal amendment-. Adopted. — 1893, p. 71. 



or Lirzy?:: 

2 Presbytery in iis:reri:z is :: 2. ?-:s:::_:e 
Overture from the Presbytery of Utica, asking the General Assembly 

: ::t : '..- I . - - : .: F;m : - -__ . . _ z.t. 

Sec. It, so that the words, " The Latin exegesis on some common head of 
divinity,"' be stricken out, and the following words substituted: 

Tour Committee would recommend that this Overture be answered in 
the negative, for the following reason: That Presbyteries are at liberty, 
under our Constitution, to substitute such dissertation or essay at their 
discretion. Adopted. — 1893, p. 117. 

3 Examination in the English Bible ■auditory. 
Resolved, That the General Assembly, acting under See. 6, Chap, zu, 

i 1..- F:m : - iei-Iire- :!.:■: ~1- : ./^:: . l~:::_- 

tional Rule having been adopted by a majority of die Presl -Tories is a 
law of the Church, viz.: * 'Candidates for licensure, in addition to 

.a- rz;.Li:L^Ti:^ :r - ml r-r I "::y '" 11-r x:~. St: - : :._t~:::_ :: V~t7z- 
:_t_: si: II - ' . . _-. ■ - 1 :_t Zl_I:-I. I: \- 111 : -'_-"". -. re- 

quired to exhibit a good knowledge of its contents and of the relation of 
its separate pans and portions to each other/' Az. 111.1 - ^ - 

' '.-- : :iJ; - .- •.. II It zi:~ l« . : _-::: .:::._: '. 7. " - 

_ : -nd shall be appended to the Constitution of the Church. 
The Moderator announced that Constitutional Rule No. . had been 
adopted and enacted, and was therefore a part of the la' 
— I V p. 119. 

V. Tzese, or other similar cxt-t :.: : he hscretian 

-I. ■.".I 7 rii: ::- I v._::I :ifv >V/~ n~- .':::: :ei 
the candidate's piety, literature and aptness to teach i 
: — __i:_. i: :Lt Presi-yrery :i±ii 
■ir!i~rre.i in '.1- ;:::-::- :: 2. i-in^r^r.n 

L Examination in the Catechisms reeommi 
XhaJ the Presl :es be required to see that th 

H-t-ISMTt It -ri Tf r>r I "._ ZL-. " ~tII I /. : _ 

tare proof texts Adopted.— 1868, p. 654, - 
VL Hat the n:«sr effectual measures may be taken 

zm : niss: - : :_~ irz --' : ..-■_ :"_- : i- - . - I :zi:-e. : 
zm n : .1^1.1111.11 -zi.-.' . 111 tI ill '. 1 _:__..: ~ ."j.s-T'5. t 
after his having completed the usual course of acade 
shall have studied divinitv at least two Tears under some 



— ..i • ,.-r 



1. Effort to extend the time of study to tiu 

a. On motion, Renlwed, That it be recommended to 

•es of this Church to consider whether it would be 

the time necessary for young men to apply to the study* 

ti.r~ t 1.1^-1 '.1 IT.l..- '. 111-- -'-1.1- .11 Ir-fiST. 1:11 I '. ' >t! 

their opinion to the next General Assembly. — 1792. p. 

; " 7 : — - ; .- . - ; 



556 FORM OF GOVERNMENT, CHAP. XIV. 

b. Rule of a lower judicature unconstitutional. 

The records (of the Synod of New York and New Jersey) were 
approved, except a vote of that Synod by which they determine it to be 
constitutional for that Synod to enact, " That, in future, candidates who 
have the Gospel ministry in view be required to attend to the study of 
divinity at least three years before licensure, ' ' which vote was determined 
by the Assembly to be unconstitutional.— 1792, p. 59. 

C. Overture sent down, but not adopted. 

Overture No. 6 was taken up, viz. : Kequests from several Presbyteries 
that the sixth section of Chap, xiv of our Form of Government might 
be sent down to the Presbyteries to be so altered as to read ' ' to study 
theology at least three years, etc." The overtures were read, and it was 
resolved that the proposed alteration be sent down as an overture to the 
Presbyteries, and that the Presbyteries be required to send up their 
answer to this overture in writing to the next General Assembly. — 
1835, p. 475. 

[Note. — To this overture, in 1836, thirty-five answered in the affirmative and 
twenty in the negative. Not a majority. The overture was again referred to the 
Presbyteries, and in 1837 fifty-two Presbyteries reported in favor and thirty-eight 
against. Still not a majority, and the matter was dropped.— 1836, p. 276 ; 1837. 
p. 438.1 

2. Full term of three years urgently recommended. 

a. Resolved, That this Assembly entirely concur in the opinion ex- 
pressed in the report of the Board of Directors of the theological semi- 
nary at Princeton, that it is highly important that theological students 
continue the full time of three years in the seminary, and complete the 
whole course of studies prescribed in the plan. — 1834, p 437. 

b. Resolved, 1. That this Assembly do approve of the resolution 
passed by the Board of Directors at their late meeting with a view of 
securing the attendance of students during a full course of theological 
instruction in our seminary. 

Resolved, 2. That the Assembly notice with regret the prevalence of 
what they deem a serious evil, not only to the seminary, but to the 
Church at large, in the number of students who annually leave the 
institution before the prescribed course of studies is completed. And 
they do earnestly recommend to the students, if practicable, to continue 
the full time prescribed in the plan. — 1826, p. 179. 

C. Resolved, That in the opinion of this house it is in general highly 
inexpedient for candidates for the ministry to apply for licensure at such 
a period of their course of study as would prevent them from finishing 
the three years' plan of studies adopted and approved by former Assem- 
blies.— 1843, p. 187, O. S. 

3. A pledge to a three years' course not unconstitutional. 

Resolved, That the General Assembly are deeply impressed with the 
importance of a thorough course of theological study, and would earn- 
estly recommend to their Presbyteries to elevate the standard of education, 
and that the rule of the Board of Education does not conflict with the 
Constitution when it prescribes the time of study, inasmuch as the Con- 
stitution makes two years the shortest time allowed to complete the course 
of theological study, but does not prescribe the maximum. — 1844, p. 
375, O. S. 



OF LICENSING CANDIDATES. 557 

4. Regulations as to extraordinary cases. 

In respect to the ' ' extraordinary cases ' ' provided for in our Form of 
Government, Chap, xiv, Sec. vi, the discretionary power vested in the 
Presbyteries should be exercised with great caution and with supreme 
regard to the welfare of the entire Church. Wherever the full collegiate 
course is found to be impracticable, the student should be required to 
pursue, not a short or partial, but a full course of three years in some 
theological institution, and this course should be introduced, wherever 
possible, by at least one year of special preparatory training. The candi- 
date for such exceptional course should be not less than twenty -five years 
of age, of special promise as to talents and capacity for usefulness, and 
of approved piety, having a fair degree of education, and so circum- 
stanced providentially, that he can prosecute to the end whatever studies 
the Presbytery may prescribe. As cases of this kind are presenting 
themselves in considerable numbers, our theological seminaries are 
advised to provide suitable courses of study in which the full period of 
three years may be profitably employed, and are authorized to receive 
such persons under their instruction when they are duly approved by the 
Presbyteries. The Presbyteries are also hereby required to make a full 
record of their action in each instance of this class, including a statement 
of the several exceptions allowed and this record should be furnished to 
the faculty of the institution where such student is received. — 1891, 
p. 177. 

[Note.— See under Sec. xi, 2 and 3, p. 559. 

See, also, report in full of "the special committee to which was referred the report 
of the special committee on increasing the number of ministers." — Minutes, 1891, 
pp. 167-178.] 

VII. If the Presbytery be satisfied with his trials, they shall then 
proceed to license him in the following manner: The moderator shall pro- 
pose to him the following questions: viz. 

1. Do you believe the Scriptures of the Old and New Testaments to be 
the Word of God, the only infallible rule of faith and practice ? 

2. Do you sincerely receive and adopt the Confession of Faith of this 
Church, as containing the system of doctrine taught in the Holy Scrip- 
tures ? 

3. Do you promise to study the peace, unity, and purity of the Church? 

4. Do you promise to submit yourself, in the Lord, to the government 
of this Presbytery, or of any other Presbytery in the bounds of which 
you may be called ? 

1. Form for licensing local evangelists. 

Overture from the Presbytery of Troy, asking the Assembly to provide 
a form for the licensing of local evangelists. It is recommended that the 
form for licensing probationers for the Gospel ministry, Chap, xiv, Sec. 
vii, of the Form of Government, be followed as far as paragraph (4), for 
which paragraph shall be substituted the following: " Do you promise 
to submit yourself in the Lord to the government of this Presbytery 
during the period of your service in it as a local evangelist ?" And in 
Sec. viii, where occurs the formula of licensure, for the phrase, 
' ' Wherever God in His providence may call you, ' ' substitute the 



558 FORM OF GOVERNMENT, CHAP. XIV. 

phrase " Within the bounds of this Presbytery." Adopted. — 1894, 
p. 88. 

[Note.— See, also, under Constitutional Rule No. 1, p. 330.] 

VIII. The candidate having answered these questions in the affirma- 
tive, and the moderator having offered up a prayer suitable to the occa- 
sion, he shall address himself to the candidate to the following purpose : — 
" In the name of the Lord Jesus Christ, and by that authority which he 
"hath given to the Church for its edification, we do license you to preach 
' ' the gospel, wherever God in his providence may call you : and for this 
1 ' purpose, may the blessing of God rest upon you, and the Spirit of Christ 
" fill your heart. — Amen /" And record shall be made of the licensure 
in the following or like form: viz. 

At the day of the Presbytery 

of having received testimonials in favor of 

of his having gone through a regular course of literature ; of his good 
moral character; and of his being in the communion of the Church: 
proceeded to take the usual parts of trial for his licensure : and he having 
given satisfaction as to his accomplishments in literature ; as to his experi- 
mental acquaintance with religion; and as to his proficiency in divinity 
and other studies; the Presbytery did, and hereby do, express their 
approbation of all these parts of trial: and he having adopted the Con- 
fession of Faith of this Church, and satisfactorily answered the questions 
appointed to be put to candidates to be licensed ; the Presbytery did, and 
hereby do license him, the said to preach the gospel of 

Christ, as a probationer for the holy ministry, within the bounds of this 
Presbytery, or wherever else he shall be orderly called. 

1. Record of licensure may be made in like form. 

Is it right for a Clerk of Presbytery, in recording the licensure of a 
candidate, to use any other form than that prescribed in the book ? 

Answered in the affirmative. See above: " And record shall be made 
of the licensure in like form." — 1866, p. 54, O. S. 

IX. When any candidate for licensure shall have occasion, while his 
trials are going on, to remove from the bounds of his own Presbytery 
into those of another, it shall be considered as regular for the latter 
Presbytery, on" his producing proper testimonials from the former, to take 
up his trials at the point at which they were left, and conduct them to a 
conclusion, in the same manner as if they had been commenced by them- 
selves. 

[Note. — See case of William J. Krieger, under Sec. ii, p. 550.] 

X. In like manner, when any candidate, after licensure, shall, by the 
permission of his Presbytery, remove without its limits, an extract of 
the record of his licensure, accompanied with a Presbyterial recommenda- 
tion, signed by the Clerk, shall be his testimonials to the Presbytery 
under whose care he shall come. 



OF LICENSING CANDIDATES. 559 

XI. When a licentiate shall have been preaching for a considerable 
time, and his services do not appear to be edifying to the churches, the 
Presbytery may, if they think proper, recall his license. 

1. Limitation of the time to which a license shall extend to 

four years. 
Overture from the Synod of Philadelphia, asking the Assembly to define 
more explicitly the relations of Presbyteries to their licentiates. Also, 
from the Presbytery of Philadelphia North, and from the Presbytery of 
Northumberland, on the same subject. 

The Committee recommend the Assembly to adopt the following rules: 

1. Every license to preach the Gospel shall expire at the end of the 
period of four years, unless the candidate holding the same shall, before 
the expiration of that time, be called to permanent labor in the work of 
the Church. But the Presbytery under whose care such licentiate may 
be, may, in its discretion, extend his license for the period of one year. 

2. The Presbyteries are enjoined to take the oversight of their licen- 
tiates and their vacant churches, bringing in the one for the supply of 
the other, and, through the Home Missionary Committees of the Synods 
to which the Presbyteries belong, to seek to introduce their candidates 
to the widest fields of labor, and to furnish them full opportunity of 
practically showing their fitness for the Christian ministry. Adopted. 
—1872, p. 87. 

2. Length of license of local evangelists. 

a. Overture No. 65, from the Presbytery of St. Cloud, concerning the 
interpretation of " Constitutional Kule No. 1." It is recommended that 
Question 1 — "Is a Constitutional Rule of the same force as if it were 
incorporated in the Form of Government? " — be answered in the affirm- 
ative. That Question 2 — "Is the rule to be applied to all local evangel- 
ists, making no discriminations as to the* man's general education, expe- 
rience and adaptability to the work?" — be answered, The rule is gen- 
eral in its application. That Question 3 — "Do the four years date from 
the time of his being received under care of the Presbytery ' ' — be an- 
swered, They date from the time of licensure. Adopted. — 1897, p. 133. 

b. Overture No. 32, from the Presbytery of Saginaw, in reference to 
"the plan of educating local evangelists." It is recommended that 
while the employment of local evangelists is not to be altogether discon- 
tinued, Presbyteries are hereby directed to comply exactly in this matter 
with the regulations of Constitutional Rule No. 1, and the resolutions of 
the General Assembly. Adopted. — 1897, p. 132. 

[Note. — See for Constitutional Rule No. 1, p. 330.] 

3. The above rule does not abridge the power of the Presbyteries 
to license in extraordinary cases. 

The Standing Committee on the Polity of the Church reported: 
1. A memorial from the Presbytery of Columbus, asking this 
General Assembly to define the action of the last General Assembly " in 
limiting the term of licensure {Minutes, p. 87) as not referring to the 
cases of laymen who are licensed with a view of their higher usefulness, 
and not with a view to ordination. ' ' 

The Committee recommend this minute as an answer, viz. : The Gen- 
eral Assembly cannot sanction the practice of licensure as a means to 



560 FORM OF GOVERNMENT, CHAP. XV. 

attain a higher measure of usefulness merely, without aiming to reach 
ordination, as this would be virtually to make two grades of preaching 
officers. But the rules adopted by the last Assembly, to which the 
memorial refers, should not be construed as abridging the power and 
discretion of the Presbyteries to license probationers " in extraordinary 
cases" (Form of Government, xiv, vi). Adopted. — 1873, p. 524. 

4. Discretion of the Presbytery in granting and recalling licenses. 

Overture from the Presbytery of Westchester, asking the Assembly 
to determine, 1. In what way the action of the General Assembly of 
1872, in the matter of limiting licenses to preach (Digest, 1873, p. 401), 
shall be applied to those who were licentiates at the time such action was 
taken. 

2. In what sense the words " extraordinary cases," in the action of 
1873 on this subject (401), are to be understood. 

3. To make an explicit deliverance, as to the powers of the General 
Assembly over the functions of the Presbytery in granting and continu- 
ing licenses to preach the Gospel. 

The Committee recommend the following answer: 

1. The action of the Assembly of 1872 requires that all licenses then 
in force expire in four years from the date of that action. 

2. The determination of the sense of the words " extraordinary 
cases" must be left to the Presbytery, in connection with the circum- 
stances of each case. 

But it is clear that their reference is to the preparatory studies of the 
candidates, and not to a class who had only a higher usefulness, and not 
the ministry in view. 

3. The Assembly has no power over the functions of the Presbytery 
in granting and continuing licenses, save that of review and control. 
Adopted.— 1874, pp. 81, 82. 

5. Licentiates belong to the laity, and are subject to the Session. 

The Committee to whom was recommitted Overture No. 1, viz.: The 
question at what period of their preparatory course are candidates for the 
Christian ministry to be considered as dismissed from the jurisdiction of 
the Session and transferred to the Presbytery ? made a report, which, 
being read and amended, was adopted, and is as follows, viz. : 

Whereas, It appears necessary, in order to preserve the purity of the 
Church, and uniformity of procedure in the judicatories under the care 
of the General Assembly, that the manner of administering discipline to 
candidates and licentiates for the Gospel ministry should be distinctly 
specified; therefore, 

Resolved, 1. That as the Word of God and the Constitution of the 
Presbyterian Church recognize the distinction of laity and clergy, and a 
system of procedure in discipline in some respects diverse, as the one or 
the other of these orders of men is concerned, it becomes the judicato- 
ries of the Church to guard against the violation of this principle in the 
administration of discipline. 

2. That although candidates and licentiates are in training for the 
Gospel ministry, and in consequence of this are placed under the care of 
Presbyteries, and in certain respects become immediately responsible to 
them, yet they are to be regarded as belonging to the order of the laity 
till they receive ordination to the whole work of the Gospel ministry. 



:»* '•;•;.-- mnii.r.-' uv-» u;,t':i»"^\'*:1 o >h miii u i* i)^; , :':tii':t wm u 
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^oDIcBbiioescii t it* »nne*fi le nenim u sisam in? aiman of t&c 



562 FORM OF GOVERNMENT, CHAP. XV. 

Session of the Third Presbyterian Church in this city from the decision 
of the Synod of Philadelphia, affirming a decision of the Presbytery of 
Philadelphia, by which the Presbytery directed the said Session, within 
twenty days from the date of their decision, or after the final determina- 
tion of the case, to convene the congregation for the purpose of electing 
a pastor, was determined in the affirmative ; and Dr. Green, Dr. Neill 
and Mr. Richards were appointed a Committee to prepare a minute stating 
the principles on which the Assembly sustained the appeal. 

The Committee appointed to prepare a statement of the principles and 
grounds upon which the Assembly sustained the appeal of the Session of 
the Third Presbyterian Church in this city reported, and their report, being 
read and amended, was adopted in the words following, viz. : 

That both to prevent misapprehension and to aid the congregations and 
judicatures of this church in deciding on any similar cases that may 
arise, the Assembly therefore declare, 

I. That in vacant congregations which are fully organized the Session 
of each congregation are to determine, under their responsibility to the 
higher judicatures, when the congregation are prepared to elect a pastor, 
as directed in the Form of Government of this Church, Chap, xv, 
Sec. i. 

II. That it is the duty of the Session, when a congregation is vacant, 
to use their best endeavors to promote the settlement of a pastor in the 
same, in the speediest manner possible, consistently with the peace, 
order and edification of the congregation ; and it is the privilege of the 
people, or of any portion of them, to complain to the Presbytery when 
they think that the Session, after being suitably requested, neglect or 
refuse to convene the congregation to elect a pastor. 

III. That it belongs to the Presbyteries to take cognizance of the 
proceedings of Sessions and congregations in the important concern of 
settling pastors, and to adopt the most effectual measures on the one 
hand to prevent all undue delay by the Session or the people, and on 
the other to prevent all precipitancy in the settlement of any minister 
or the adoption of any system of proceedings in the congregation incon- 
sistent with the real and permanent edification of the people. 

IV. That by the due and discreet observance of these principles by all 
concerned it will be found that, so far from the Session of a congregation 
having it in their power to deprive a majority of a congregation of their 
right to make an election of a pastor when sought in an orderly and 
Christian manner, or to keep a congregation unsettled for an indefinite 
length of stime, the rights of the people will be most effectually secured, 
and their precious and inalienable privilege of choosing their own pastor 
will be exercised by them in the shortest period which their own real bene- 
fit will permit. 

V. That the conviction of this Assembly that the foregoing obvious 
and constitutional principles had not been duly adhered to in the case 
before them, that the congregation had not proceeded with a suitable 
respect to the Session, and that the Presbytery did not adopt the most 
suitable measure when they advised and directed the Session to convene 
the congregation in twenty days, has led the Assembly to sustain this 
appeal as the measure most constitutional, best calculated on the whole 
to do justice to all the parties concerned, and to point the way to the most 
speedy settlement of the unhappy differences and disorders which have 



ELECTION AND ORDINATION OF PASTORS. 563 

so long existed in the particular congregation immediately concerned. 
—1814, pp. 559, 560. 

II. When such a meeting is intended, the Session shall solicit the pres- 
ence and counsel of some neighboring minister to assist them in conduct- 
ing the election contemplated, unless highly inconvenient on account of 
distance; in which case they may proceed without such assistance. 

[Xote, — For answer to the question who may moderate a Session, see under Form 
of Government, Chap, ix, Sec. iv, 2, a, 6, c, etc., p. 163.] 

III. On a Lord's day, immediately after public worship, it shall be 
intimated from the pulpit, that all the members of that eoogregation are 
requested to meet on ensuing, at the church, or usual place 
for holding public worship; then and there, if it be agreeable to them, 
to proceed to the election of a pastor for that congregation. 

IV. On the day appointed, the minister invited to preside, if he be 
present, shall, if it be deemed expedient, preach a sermon; and after 
sermon he shall announce to the people, that he will immediately proceed 
to take the votes of the electors of that congregation, for a pastor, if 
such be their desire : and when this desire shall be expressed by a major- 
ity of voices, he shall then proceed to take votes accordingly. In this 
election, no person shall be entitled to vote who refuses to submit to the 
censures of the Church, regularly administered ; or who does not contrib- 
ute his just proportion, according to his own engagements, or the rules of 
that congregation, to all its necessary expenses. 

1. Who may vote in the election of a pastor. 

a. Action of the General Presbytery, 1711. 

Agreed that none shall be allowed to vote for the calling of a minister 
but those that shall contribute for the maintenance of him, and that the 
major vote of these shall be determinative. — 1711, p. 24. 

[Note. — The above decision of General Presbytery is inserted merely as history. 
The present law of the Church is contained in Section 4, Chap, xv, Form of Govern- 
ment, given above, which has been in force since 1788.] 

b. The presiding officer may not disqualify voters whose standing has not 
been impaired by judicial process. 

When a meeting of a church duly called is held for the election of 
elders, may the Moderator presiding at such meeting disqualify voters 
whose standing has not been impaired by regular judicial process ? An- 
swered in the negative. — 1896, p. 85. 

Resolved, That neither the presiding officers of church or congrega- 
tional meetings, nor the Sessions of churches, possess the power to deprive 
communicant members in good standing of their right to vote at meetings 
of the church or of the congregation, except by due process of law in ac- 
cordance with the provisions of the Book of Discipline — 1897, p. 139. 

C. Right of voting not limited to communicants unless expressly so 

declared. 
In sustaining a complaint of R. J. Breckenridge, D.D., et al., 
*' against the Synod of Kentucky in its action limiting the right of 



is 



564 FORM OF GOVERNMENT, CHAP. XV. 

voting in the election of a pastor to communicating members of the 
Church," the Assembly 

Resolved, That the complaint be sustained; but the Assembly in this 
judgment does not intend to condemn a practice prevalent in some of our 
congregations in which the right of voting for pastor is confined to 
communicants. — 1863, p. 71, O. S. 

d. Overture confining the vote to communicants not adopted. 

Overture No. 3, being an overture from the Presbytery of Saline, ' ' in 
favor of the enactment of a law requiring that in the election of pastors, 
none be permitted to vote except communicants in good and regular 
standing;" also, " that when any candidate is before a church, the 
church shall determine whether he shall be called to the pastorate before 
any other candidate shall be heard." 

The Committee recommend for answer: That in regard to the first 
point, the enactment of such a law would prohibit a usage quite exten- 
sive among the churches, founded upon an interpretation of the present 
law which has heretofore been sanctioned by the General Assembly. It 
is, therefore, deemed inexpedient upon the application of a single Pres- 
bytery to recommend such alteration in the Form of Government. In 
regard to the second point, it need only be said that the authority asked 
for is now possessed by each congregation, and may be exercised or not 
at its pleasure; while to make such exercise binding by positive law 
would deprive all congregations of a present liberty the use of which 
seems wisely left to their discretion. 

The report was adopted.— 1867, p. 320, O. 8. 

e. All communicant members have right to vote in electing a pastor. 

Overture. — A resolution referred to them by the General Assembly: 

Resolved, That it is the judgment of the General Assembly, that all 
members of the church in full communion have the right to vote in the 
election of pastor in the congregation with which they are connected. 

The Committee recommend that the resolution be affirmed, subject to 
the conditions mentioned in Sec. iv, Chap, xv, of the Form of Govern- 
ment. Adopted.— 1879, p. 630. 

2. That all communicant members in good standing, of whatever age 
or sex, and, in addition, all non -communicants of full age who contribute 
regularly to church support, in accordance with the rules of the congre- 
gations, are qualified voters at meetings for the election of pastors — 1897, 
p. 138. 

f. Members of the congregation who contribute to the support of the 

church entitled to vote in the election of a pastor. 

' A request from the Presbytery of New Castle for an answer to the 
following question: '•' Have members of a congregation, not communi- 
cants, who regularly contribute their due proportion of the necessary 
expenses of the church and congregation, a right to vote in the election 
of a pastor ?' ' The Committee recommend that the question be answered 
in the affirmative, in accordance with previous deliverances — with this 
special appended statement, that the usage of some congregations, which 
confines the right of voting for a pastor to communicants, is wholly 
legitimate, and might profitably become more prevalent. — 1886, p. 48. 
That it is the right of each one of our congregations, under the Consti- 



ELECTION AND ORDINATION OF PASTORS. 565 

tion of the Church, to determine by rule the qualifications of non- com- 
municants who are contributors to church expenses, as voters in the 
election of pastors. — 1897, p. 138. 

• g. Authoritative lists of voters. 

Resolved, 2. That the rolls of communicant members in good standing 
in the possession of the clerks of Sessions and the lists of regular contribu- 
tors in the possession of the secretary or treasurer of the Board of Trus- 
tees, shall be the authoritative lists of voters at church and congregational 
meetings.— 1897, p. 139. 

V. When the votes are taken, if it appear that a large minority of 

the people are averse from the candidate who has a majority of votes, 

and cannot be induced to concur in the call, the presiding minister shall 

endeavor to dissuade the congregation from prosecuting it further. But 

if the people be nearly, or entirely, unanimous ; or if the majority shall 

insist upon their right to call a pastor, the presiding minister, in that 

case, after using his utmost endeavors to persuade the congregation to 

unanimity, shall proceed to draw a call, in due form, and to have it 

subscribed by the electors ; certifying at the same time, in writing, the 

number and circumstances of those who do not concur in the call : all 

which proceedings shall be laid before the Presbytery, together with the 

call. 

[Note. — The presiding minister should see to it that the call is made in all respects in 
conformity with the provisions of Chap, xv, Form of Government (see p. 568), that 
the persons signing the call are empowered to do so by the vote of the congregation, 
and so certify the Presbytery by his indorsement upon the call.] 

VI. The call shall be in the following or like form ; viz. 

The congregation of being, on sufficient grounds, well 

satisfied of the ministerial qualifications of you and having 

good hopes, from our past experience of your labors, that your ministra- 
tions in the gospel will be profitable to our spiritual interests, do earnestly 
call and desire you to undertake the pastoral office in said congregation ; 
promising you, in the discharge of your duty, all proper support, encour- 
agement and obedience in the Lord. And that you may be free from 
worldly cares and avocations, we hereby promise and oblige ourselves 
to pay to you the sum of in regular quarterly (or half 

yearly, or yearly) payments, during the time of your being and continuing 
the regular pastor of this church. In testimony whereof, we have respec- 
tively subscribed our names, this day of A. D. 

Attested by A. D., moderator of the meeting. 

1. Early action. Glebe and parsonage recommended. 

That in every congregation a Committee be appointed, who shall twice 
in every year collect the minister's stipend and lay his receipts before the 
Presbytery preceding the Synod, and at the same time that ministers 
give an account of their diligence in visiting and catechising their 
people. 



566 FORM OF GOVERNMENT, CHAP. XV. 

The Synod recommends that a glebe, with a convenient house and 
necessary improvements, be provided for every minister. — 1766, p. 359. 
[Note.— See, also, under No. 5, p. 567.] 

2. Adequate provision to be urged. 

The Assembly enjoins it upon all the Presbyteries " that they will 
endeavor, as far as the state of society in different parts of our Church 
will permit, to withdraw the ministers of the Gospel from every worldly 
avocation for the maintenance of themselves and families, that they may 
devote themselves entirely to the work of the ministry; and that for this 
end they labor to convince the people of the advantage that will accrue 
to themselves from making such adequate provision for the support of 
their teachers and pastors, that they may be employed wholly in their 
sacred calling; and in those places where it may be found prudent and 
practicable, that they devise means to have the contracts between congre- 
gations and pastors examined in the Presbyteries at stated periods, 
inquiries instituted with regard to the reciprocal fulfillment of duties and 
engagements, and endeavors used to promote punctuality and fidelity in 
both parties, before distress on one side or complaint on the other grow to 
a height unfavorable to the interests of religion. — 1799, pp. 181, 182. 

3. Liberality in support of the ministry urged. 

a. The following preamble and resolution, proposed by Elder Walter 
S. Griffith, was unanimously adopted: 

Whereas, It is highly important to our churches that they be served 
by competent ministers, who shall be free from worldly cares and avoca- 
tions; whereas, the law of Christ expressly declares " that they which 
preach the Gospel should live of the Gospel," and that he " that is 
taught in the Word ' ' should ' ' communicate unto him that teacheth in 
all good things," thus making it the solemn duty, as it is clearly the 
interest, of Christian churches to provide for their ministers a competent 
and liberal support; whereas, the cost of the necessities of life has 
advanced so greatly as to render the salaries heretofore paid to many of 
our ministers entirely inadequate, causing to them and to their families 
great anxiety and distress ; and whereas, this subject demands at this time, 
and should not fail to attract, the special attention of every Christian ; 
therefore, 

Resolved, That the General Assembly earnestly exhort all the churches 
under their care to consider this question in the spirit of Christian fidelity 
and liberality, and to make ample provision for those who minister to 
them in word and doctrine, stipulating so to increase their compensation, 
when necessary, as to make their salaries fully adequate to their com- 
fortable support, in view of the enhanced expenses of living, and paying 
the amount agreed upon with honorable and Christian promptitude. — 
1854, p. 499, N. S. 

b. A memorial from the Synod of New York on the subject of min- 
isterial support was referred to a Committee exclusively of elders, one 
from each Synod. 

Judge Fine, from the Special Committee on Ministerial Support, 
presented a report, which was read, amended and adopted, the resolu- 
tions being as follows, viz. : 

1. Resolved, That we affectionately and earnestly recommend to the 
churches under our care that they scrupulously avoid holding out any 



ELECTION AND ORDINATION OF PASTORS. 567 

inducements to a minister to become their stated supply, or settled pastor,, 
which will not be realized. 

2. Resolved, That we earnestly recommend to every Presbytery that, 
unless suitable provision be made for the support of a minister or stated 
supply, they decline to give their aid or sanction, as a Presbytery, to 
settle him in any congregation which is able to furnish such suitable 
provision. 

3. Resolved, That we recommend to the elders and deacons and trus- 
tees of our churches and congregations to meet together on some day 
before the first of November next, and yearly thereafter, or oftener if 
necessary, and institute the inquiry whether the minister or stated supply 
is properly and fully supported, and if they find that he is not so sup- 
ported, to take immediate measures to increase his support, and report to 
their Presbytery at its next meeting. 

4. Resolved, That we recommend to the Presbyteries to require of 
every minister to preach on the subject of ministerial support — " that, 
laying aside all false delicacy, they enlighten their people upon this as 
upon any other branch of Christian duty, pleading not for themselves, 
but for their Master, if happily they may reclaim their respective charges 
from a grievous sin which must bring down God's displeasure" — and 
that the Presbyteries call upon every minister to answer whether he has 
complied with their injunction. — 1854, p. 40, O. S. 

[Note. — For the report accompanying the resolutions and ordered to be published 
and read in the churches, see Baird's Digest, revised edition, pp. 199-203.] 

4. Presbytery may refuse to install when the salary is insufficient. 

From the church of Paris, HI. : " When a congregation and minister 
agree on the amount of salary to be paid and received, and both parties, 
being fully satisfied, request that the pastoral relation be constituted 
according to the order of the Presbyterian Church, has Presbytery the 
right to refuse to install because, in their judgment, the salary is insuffi- 
cient?" Answered in the affirmative.— 1855, pp. 272, 282, O. S. 

5. Congregations urged to procure parsonages. 

a. For the purpose of facilitating the settlement and support of pas- 
tors and to guard more effectually against the . temptation, or almost 
necessity, as in some cases seems to exist, for ministers to involve them- 
selves, to the injury of their usefulness, in procuring accommodations 
for themselves and families, 

1. Resolved, That it be earnestly recommended to our churches, wher- 
ever it is expedient and practicable, to provide suitable parsonages for 
the accommodation of their pastors. 

2. Resolved, That great care be taken to have these parsonages so 
guarded by legal arrangements as most effectually to prevent controversy 
and secure their perpetual enjoyment by the churches providing them for 
the continued support of the Gospel through coming generations. — 1843, 
p. 193, O. S. 

b. Resolved, 2. That the Presbyteries be instructed to appoint Stand- 
ing Committees on Manses, so that the subject may be brought regularly 
and statedly before them for consideration, and that information may be 
disseminated widely among the churches. 

Resolved, 3. That ministers and elders be requested to press this 
matter upon the attention of the churches and people, and strive to create 



568 FORM OF GOVERNMENT, CHAP. XV. 

and extend a healthy state of mind and feeling on the subject, and stimu- 
late them in the effort to provide manses, and, even in those churches 
where the way may not be clear to build at once, urge upon them the 
work of preparation by securing suitable lots of ground for building when 
the proper time may come, and that such provision of ground, whether 
in town or country, should be on a liberal scale. — 1872, p. 37. 

[Note. — See Form of Government Chap, xii, Sec. v (p. 377), under the head of 
"Manses.''] 

VII. But if any congregation shall choose to subscribe their call by 
their elders and deacons, or by their trustees, or by a select committee, 
they shall be at liberty to do so. But it shall, in such case, be fully 
certified to the Presbytery, by the minister, or other person who presided, 
that the persons signing have been appointed, for that purpose, by a 
public vote of the congregation ; and that the call has been, in all other 
respects, prepared as above directed. 

VIII. When a call shall be presented to any minister or candidate, it 
shall always be viewed as a sufficient petition from the people for his 
installment. The acceptance of a call, by a minister or candidate, shall 
always be considered as a request, on his part, to be installed at the same 
time. And when a candidate shall be ordained in consequence of a call 
from any congregation, the Presbytery shall, at the same time, if prac- 
ticable, install him pastor of that congregation. 

1. Installation of pastors elect insisted on, and none to be designated 
as P. E. whose call has not been regularly acted on. 

The Committee of Bills and Overtures reported the following resolu- 
tion: 

Whereas, It is commonly reported that in several of our Presbyteries 
the custom prevails, first, of permitting ministers who have received calls 
from churches to serve such churches through a series of years without 
installation; and, secondly, of placing the names of such ministers in 
the statistical tables as pastors elect (P.E.); and, 

Whereas, Such customs are manifestly inconsistent with the express 
requirements or implications of Form of Government, Chaps, xv, viii, 
and xvi, iii; therefore, 

Resolved, That all our Presbyteries be enjoined: 

1. To take order that as soon as possible after a licentiate or ordained 
minister has been called by a church and the call been approved and 
accepted such person be installed as pastor of the church calling him. 

2. To place the names of none in the statistical tables as pastors elect 
(P. E. ) whose calls have not been regularly approved by the Presbytery 
having charge of the church issuing the call, and who have not 
signified their acceptance thereof and readiness for installation. 
Adopted.— 1886, p. 56. 

IX. The call, thus prepared, shall be presented to the Presbytery, 
under whose care the person called shall be ; that, if the Presbytery 
think it expedient to present the call to him, it may be accordingly pre- 
sented : and no minister or candidate shall receive a call but through the 
hands of the Presbytery. 



ELECTION AND ORDINATION OF PASTORS. 569 

1. The Presbytery may refuse to permit a call. 

a. The unfinished business of yesterday, viz., an appeal from a 
decision of the Synod of Philadelphia, affirming a decision of the Pres- 
bytery of Carlisle, in which decision the Presbytery resolved not to put 
into his hands a call for the Rev. Henry R. Wilson from the congrega- 
tion of Carlisle. 

Resolved, That the decision of the Synod of Philadelphia be affirmed. 
And it was accordingly affirmed. — 1814, p. 548. 

b. The business left unfinished yesterday was resumed, viz., the consid- 
eration of the appeal of the Presbytery of Hudson from a decision of the 
Synod of New York and New Jersey, reversing a decision of said Pres- 
bytery, by which the Presbytery determined not to give leave to the 
congregation of Goodwill to prosecute before the Presbytery of New 
York a call which they had prepared for the Rev. William Gray, a 
member of that Presbytery. 

It was moved and seconded that the appeal of the Presbytery of Hud- 
son be sustained. After a full discussion of the subject, the question 
being taken on this motion, it was determined in the affirmative, and the 
appeal was therefore sustained. — 1817, p. 644. 

C. No. 1 is an appeal and complaint of the Rev. Mr. Edgar from the 
action of the Synod of Erie, sustaining the action of the Presbytery of 
Clarion in refusing to put a call from the church of Collinsburgh into 
his hands. The Judicial Committee recommend that, as the General 
Assembly have repeatedly decided that Presbyteries have discretionary 
power in such cases (see Digest, pp. 548, 549), which decisions are 
clearly in accordance with the Form of Government (see Chap, xv, 
Sec. ix), therefore, the appeal and complaint be dismissed. Adopted. 
—1875, p. 510. 

[Note. — Cases involving discretionary power now end with the Synod.] 

X. If the call be to a licentiate of another Presbytery, in that case 

the commissioners deputed from the congregation to prosecute the call, 

shall produce, to that judicatory, a certificate from their own Presbytery, 

regularly attested by the moderator and clerk, that the call has been laid 

before them, and that it is in order. If that Presbytery present the call 

to their licentiate, and he be disposed to accept it, they shall then dismiss 

him from their jurisdiction, and require him to repair to that Presbytery, 

into the bounds of which he is called ; and there to submit himself to the 

usual trials preparatory to ordination. 

[Note. — To facilitate the business and avoid expense and delay, it has become 
common usage for the candidate to obtain a dismission to the Presbytery within 
whose bounds the congregation seeking his services is located ; then being received by 
that Presbytery, the proceedings are as in the case of their own candidates.] 

XI. Trials for ordination, especially in a different Presbytery from 
that in which the candidate was licensed, shall consist of a careful 
examination as to his acquaintance with experimental religion; as to his 
knowledge of philosophy, theology, ecclesiastical history, the Greek and 
Hebrew languages, and such other branches of learning as to the Pres- 
bytery may appear requisite; and as to his knowledge of the constitution, 
the rules and principles of the government and discipline of the church ; 



570 FORM OF GOVERNMENT, CHAP. XV. 

together with such written discourse, or discourses, founded on the word of 
God as to the Presbytery shall seem proper. The Presbytery, being 
fully satisfied with his qualifications for the sacred office, shall appoint a 
day for his ordination, which ought to be, if convenient, in that church 
of which he is to be the minister. It is also recommended that a fast 
day be observed in the congregation previous to the day of ordination. 

1. Ordination on the Sabbath discouraged, but at the discretion of 

the Presbytery. 

An overture was received from the Presbytery of Orange, requesting the 
opinion of the General Assembly on the question whether it be proper 
to ordain licentiates to the office of the Gospel ministry on the Sabbath 
day. The General Assembly think it would not be for edification to 
adopt a uniform rule on the subject. In general they think it is not 
expedient that ordinations should take place on the Sabbath, yet that 
there may be cases in which urgent or peculiar circumstances may 
demand them. The Assembly, therefore, judged it best to leave it to the 
Presbyteries to act in this concern as they may judge that their duty 
requires. — 1821, p. 10. 

XII. The day appointed for ordination being come, and the Presby- 
tery convened, a member of the Presbytery, previously appointed to that 
duty, shall preach a sermon adapted to the occasion. The same, or 
another member appointed to preside, shall afterward briefly recite from 
the pulpit, in the audience of the people, the proceedings of the Presby- 
tery preparatory to this transaction : he shall point out the nature and 
importance of the ordinance ; and endeavor to impress the audience with 
a proper sense of the solemnity of the transaction. 

Then, addressing himself to the candidate, he shall propose to him the 
following questions, viz. : 

1. Do you believe the Scriptures of the Old and New Testaments to 
be the Word of God, the only infallible rule of faith and practice ? 

2. Do you sincerely receive and adopt the Confession of Faith of this 
Church, as containing the system of doctrine taught in the Holy Scrip- 
tures ? 

3. Do you approve of the government and discipline of the Presby- 
terian Church in these United States ? 

4. Do you promise subjection to your brethren in the Lord ? 

5. Have you been induced, as far as you know your own heart, to seek 
the office of the holy ministry from love to God, and a sincere desire to 
promote his glory in the gospel of his Son? 

6. Do you promise to be zealous and faithful in maintaining the truths 
of the gospel, and the purity and peace of the Church ; whatever perse- 
cution or opposition may arise unto you on that account ? 

7. Do you engage to be faithful and diligent in the exercise of all 
private and personal duties, which become you as a Christian and a min- 
ister of the gospel; as well as in all relative duties, and the public 



ELECTION AND ORDINATION OF PASTORS. 571 

duties of your office; endeavoring to adorn the profession of the gospel 
by your conversation ; and walking with exemplary piety before the flock 
over which God shall make you overseer ? 

8. Are you now willing to take the charge of this congregation, agree- 
ably to your declaration at accepting their call ? And do you promise to 
discharge the duties of a pastor to them, as God shall give you strength ? 

1. The assent embraces the Larger and Shorter Catechisms. 

Overture No. 1. — The following inquiry from members of the Presby- 
tery of Nashville: " When ministers and other officers are ordained in 
the Presbyterian Church, and give an affirmative answer to the question, 
Do you sincerely receive and adopt the Confession of this Church as 
containing the system of doctrines taught in the Holy Scriptures ? are 
such ministers and officers to be understood as embracing and assenting 
to the doctrines, principles, precepts and statements contained in the 
Larger and Shorter Catechisms in the same unqualified sense in which 
they are understood to embrace and assent to the doctrines, principles, 
precepts and statements contained in other parts of the Confession of 
Faith ?" 

The Committee recommended that the question be answered in the 
affirmative; and the recommendation was adopted. — 1848, p. 18, O. S. 

[Note. — See, also, No. 4, p. 8, this Digest.] 

2. Ordination by a commission is unconstitutional. 

[Note. — See under Form of Government, Chap, x, Sec. viii, p. 190 ; Minutes, 1894, 
p. 76.] 

XIII. The candidate having answered these questions in the affirma- 
tive, the presiding minister shall propose to the people the following 
questions : — 

1. Do you, the people of this congregation, continue to profess your 
readiness to receive whom you have called to be your 
minister ? 

2. Do you promise to receive the word of truth from his mouth, with 
meekness and love; and to submit to him in the due exercise of disci- 
pline ? 

3. Do you promise to encourage him in his arduous labor, and to 
assist his endeavors for your instruction and spiritual edification ? 

4. And do you engage to continue to him, while he is your pastor, that 
competent worldly maintenance which you have promised; and whatever 
else you may see needful for the honor of religion, and his comfort among 
you ? 

XIV. The people having ansAvered these questions in the affirmative, 
by holding up their right hands, the candidate shall kneel down in the 
most convenient part of the church. Then the presiding minister shall, 
by prayer, and with the laying on of the hands of the Presbytery, 
according to the apostolic example, solemnly ordain him to the holy 
office of the gospel ministry. Prayer being ended, he shall rise from his 



572 FORM OF GOVERNMENT, CHAP. XV. 

knees; and the minister who presides shall first, and afterward all the 
members of the Presbytery in their order, take him by the right hand, 
saying, in words to this purpose, " We give you the right hand of 
fellowship, to take part of this ministry with us. ' ' After which the minis- 
ter presiding, or some other appointed for the purpose, shall give a solemn 
charge in the name of God, to the newly ordained bishop, and to the 
people, to persevere in the discharge of their mutual duties; and shall 
then, by prayer, recommend them both to the grace of God, and his holy 
keeping, and finally, after singing a psalm, shall dismiss the congrega- 
tion with the usual blessing. And the Presbytery shall duly record the 
transaction. 

1. Lay ordination invalid. 

The Committee to whom was referred Overture No. 15, viz., on ordi- 
nation by a deposed minister or by laymen, made the following report, 
which was adopted, viz. : 

That this paper contains a letter from a minister in South Carolina to 
the Stated Clerk, requesting him to obtain a decision of the General 
Assembly on the question, " whether the ordination of a minister of the 
Gospel by the interposition of the hands of the laity is valid ?" 

That the answer to this question should be in the negative is so obvi- 
ous and evident on all correct principles of ecclesiastical order, that your 
Committee are of opinion that it is unnecessary for the General Assem- 
bly to give any further consideration to the subject. — 1832, p. 366. 

2. Elders not to participate in the ordination of ministers by the 

laying on of hands. 

[Note. — See under Form of Government, Chap, v, " Of Ruling Elders." d. 149 

No. 9.1 

3. An elder, being Moderator of Presbytery, cannot preside at the 
ordination of a minister, nor propound the constitutional ques- 
tions, nor take part in the laying on of hands of the Presbytery, 
nor make the ordaining prayer. 

An overture from the Presbytery of Freeport, asking: Can an elder, 
being Moderator of Presbytery, preside at the ordination of a minister, 
propound the constitutional questions, take part in the laying on of the 
hands of the Presbytery, and make the ordaining prayer ? 

Answer: The Form of Government, Chap, xv, Sec. xii, speaks of " a 
member of Presbytery appointed to preside ' ' at the ordination of a 
minister. Sec. xiii refers to this officer as ' ' the presiding minister. ' ' 
Sec. xiv says, ' ' the presiding minister shall by prayer and with the 
laying on of the hands of the Presbytery .... solemnly ordain." 
That this ' ' laying on of hands ' ' does not include the elders is clear 
from the subsequent record, that all the members take the newly ordained 
minister by the hand, saying, ' * We give you the right hand of fellow- 
ship, to take part of this ministry with us." 

The Assembly therefore answers that " an elder being Moderator of 
Presbytery" cannot preside at the ordination of a minister, nor pro- 
pound the constitutional questions, nor take part in the laying on of the 
hands of the Presbytery, nor make the ordaining prayer. Adopted. — 
1890, p. 113. 



ELECTION AND ORDINATION OF PASTORS. 573 

4. The part which ministers of other bodies may take in 
ordinations and installations. 

Overture, from the Presbytery of Zanesville, on the part which minis- 
ters of other bodies may take in Presbyterial proceedings in ordinations 
and installations. Your Committee would recommend the following 
answer: The spirit of the directions of our Form of Government indi- 
cates that, in all ordinary cases, the charges should be given by members 
of the Presbytery; recognizing, however, the episcopal power of the 
Presbytery to deal with special cases as discretion may direct. Adopted. 
—1893, p. 71. 

XV. As it is sometimes desirable and important that a candidate who 
has not received a call to be the pastor of a particular congregation, should, 
nevertheless, be ordained to the work of the gospel ministry, as an evan- 
gelist to preach the gospel, administer sealing ordinances, and organize 
churches, in frontier or destitute settlements; in this case, the last of the 
preceding questions shall be omitted, and the following used as a substi- 
tute : — viz. 

Are you now willing to undertake the work of an evangelist; and do 
you promise to discharge the duties which may be incumbent on you in 
this character as God shall give you strength ? 

1. Ordination as an evangelist to labor in feeble churches. 

Is it or is it not in accordance with the principles of the Presbyterian 
Church to ordain evangelists to labor in fields having feeble churches 
which are not able to support a pastor, and are too remote conveniently 
to secure the services of an ordained minister ? 

To ordain evangelists under the specified circumstances is in accord-' 
ance with the practice of the Church, and is no infraction of any of its 
laws.— 1850, p. 454, O. S. 

2. Ordination of a licentiate who proposed to continue teaching. 

The Presbytery of Philadelphia submitted to the Assembly for their 
decision the case of Mr. John Jones, a licentiate under their care, who at 
their last sessions had requested that the Presbytery would take measures 
to ordain him sine titulo. The Presbytery stated that Mr. Jones had 
been a licensed candidate for a number of years ; that he had always 
sustained a good and consistent character; that he was engaged in teach- 
ing an academy, and was so circumstanced that his being ordained might 
render him more extensively useful. The Assembly having considered 
the case, 

Resolved, That the Presbytery of Philadelphia be permitted and 
authorized to ordain Mr. Jones to the work of the Gospel ministry sine 
titulo, provided the Presbytery, from a full view of his qualifications and 
other attending circumstances, shall think it expedient so to ordain him. 
—1807, p. 386. 

3. Presbyteries should not ordain the candidates of other 
Presbyteries. 

1. That it be earnestly recommended to all our Presbyteries not to 
ordain sine titulo any men who propose to pursue the work of their min- 
istry in any sections of the country where a Presbytery is already organ- 
ized to which they may go as licentiates and receive ordination. 



574 FORM OF GOVERNMENT, CHAP. XVI. 

2. That the several bodies with which we are in friendly correspon- 
dence in the New England States be respectfully requested to use their 
counsel and influence to prevent the ordination, by any of their councils 
or consociations, of men who propose to pursue the work of the ministry 
within the bounds of any Presbytery belonging to the General Assembly 
of the Presbyterian Church, and that the delegates from this Assembly 
to those bodies respectively be charged with communicating this resolu- 
tion.— 1834, p. 428. 

4. Ordination sine titulo. 

The Synod would bear testimony against the late too common, and now 
altogether unnecessary, practice of some Presbyteries in the north of 
Ireland, viz. , their ordaining men to the ministry sine titulo immediately 
before they come over hither, thereby depriving us of our just rights, 
viz., that we, unto whom they are designed to be co-presbyters, and 
among whom they design to bestow their labors, should have just and 
fair inspecting into their qualifications; we say it seems necessary that 
the Synod bear testimony against such practice by writing home to the 
General Synod, thereby signifying our dissatisfaction with the same. — 
1735, p. 119. 

[Note.— See for particular cases, Moore's Digest, 1886, pp. 413-415. The early usage 
was for the Presbytery proposing to ordain a licentiate sine titulo to ask the consenc of 
the General Synod, and after 1789 of the General Assembly. Minutes, 1764, p. 337 ; 1775, 
p. 465 ; 1795, p. 98 ; 1798, p. 146 ; 1799, p. 172 ; 1805, p. 337 ; 1809, p. 415 ; 1810, p. 459.] 

5. Ordination sine titulo. Overture on rejected. 

a. The following overture was brought in and read, viz. : 

In what cases, except the one provided for in the fifteenth chapter of 
the Constitution of our Church, may a Presbytery ordain a man to the 
work of the Gospel ministry without a call to a particular charge ? — 
1810, p. 456. 

This overture was referred to Drs. Miller and Green, Messrs. Nathan, 
Grier, Anderson and Campbell, as a Committee. — 1811, p. 464. 

This Committee reported as follows, viz. : 

Whereas, There may exist cases in which it may be needful for Pres- 
byteries to ordain without a regular call ; but as the frequent exercise of 
this power may be dangerous to the Church, and as this case does not 
appear to be fully provided for in our Constitution and Book of Disci- 
pline, 

Resolved, That the following rule be submitted to the Presbyteries for 
their opinion and approbation , which, when sanctioned by a majority 
of the Presbyteries belonging to the Church, shall become a constitutional 
rule, viz. : 

That it shall be the duty of Presbyteries when they think it necessary 
to ordain a candidate without a call to a particular congregation or con- 
gregations to take the advice of their respective Synods or of the 
General Assembly before they proceed to this ordination. — 1811, p. 474. 

Answered in the negative — 11 to 7 — and the subject dismissed. — 1812, 
p. 494. 

b. In 1813 another rule was proposed, viz. : The rule proposed and on 
which an affirmative or negative vote of the Presbyteries is required is 
in the following words, viz. : 

It shall be the duty of Presbyteries, when they think it necessary to 
ordain a candidate without a call to a particular pastoral charge to take 



OF TRANSLATION OR REMOVING A MINISTER. 575 

the advice of a Synod or of the General Assembly before they proceed 
to such ordination. — 1813, p. 524. 

Of the Presbyteries answering this overture twenty- six replied in the 
negative and four in the affirmative. — 1814, p. 558. 

6. Censure of Synod for ordination sine titulo not sustained. 

The records of the Synod of Illinois were, on the recommendation of 
the Committee, approved, with the exception of a censure, on p. 209, of 
the action of Knox Presbytery, for ordaining a man when there was no 
call from any part of the Church.— 1843, p. 17, N. S. 

[Note.— The whole matter is at the discretion of the Presbytery.] 

7. Missionaries may not ordain ministers. 

[Note.— See No. 7, p. 194, this Digest.'] 

8. Nor organize a church within the limits of a Presbytery without 
leave of the Presbytery. 
No church shall be organized by a missionary within the limits of any 
Presbytery, unless authority has previously been obtained from the Pres- 
bytery.— 1883, p. 644. 

CHAPTER XVI. 

OF TRANSLATION OR REMOVING A MINISTER FROM 
ONE CHARGE TO ANOTHER. 

I. No bishop shall be translated from one church to another, nor shall 
he receive any call for that purpose, but by permission of the Presbytery. 

1. Removal without consent of Presbytery. 

The Presbytery of East Jersey having reported that Mr. John Cross 
has, without the concurrence of Presbytery, removed from one congre- 
gation to another, the Synod do declare that the conduct of such minis- 
ters .... that take charge of any congregation without the Presby- 
teries' concurrence, to be disorderly and justly worthy of Presbyterial 
censure, and do admonish said Mr. Cross to be no further chargeable 
with such irregularities in the future. — 1735, p. 115. 

II. Any church desiring to call a settled minister from his present 
charge, shall, by commissioners properly authorized, represent to the 
Presbytery the ground on which they plead his removal. The Presby- 
tery, having maturely considered their plea, may, according as it 
appears more or less reasonable, either recommend to them to desist from 
prosecuting the call, or may order it to be delivered to the minister to 
whom it is directed. If the parties be not prepared to have the matter 
issued at that Presbytery, a written citation shall be given to the minis- 
ter and his congregation, to appear before the Presbytery at their next 
meeting. This citation shall be read from the pulpit in that church, by 
a member of the Presbytery appointed for that purpose, immediately 
after public worship; so that at least two Sabbaths shall intervene 
betwixt the citation and the meeting of the Presbytery at which the 
cause of translation is to be considered. The Presbytery being met, 



576 FORM OF GOVERNMENT, CHAP. XVII. 

and having heard the parties, shall, upon the whole view of the case, 
either continue him in his former charge, or translate him, as they shall 
deem to be most for the peace and edification of the Church ; or refer the 
whole affair to the Synod at their next meeting, for their advice and 
direction. 

1. Consent of the parties may shorten the process. 

a. In the Constitution, as originally adopted, citation of the parties 
was required in all cases. By the Assembly of 1804, p. 305, it was 
proposed to strike out " together with a written citation," and insert 
" if the parties be not prepared to have the matter issued at that Pres- 
bytery, a written citation shall be given to the minister." 

The amendment was adopted. — 1805, p. 333. In a note accompany- 
ing the overture the Assembly say, " This amendment is intended to 
provide that consent of parties shall shorten the constitutional process 
for translating a minister." — 1804, p. 305. 

b. Chap, xvi, Sec. ii, provides that where the parties are prepared 
for the dissolution of a pastoral relation it may be dissolved at the first 
meeting of the Presbytery.— 1866, p. 47, O. S. 

[Note.— See p. 578.] 

III. When the congregation calling any settled minister is within the 
limits of another Presbytery, that congregation shall obtain leave from 
the Presbytery to which they belong, to apply to the Presbytery of 
which he is a member ; and that Presbytery, having cited him and his 
congregation as before directed, shall proceed to hear and issue the cause. 
If they agree to the translation, they shall release him from his present 
charge ; and having given him proper testimonials, shall require him to 
repair to that Presbytery, within the bounds of which the congregation 
calling him lies, that the proper steps may be taken for his regular 
settlement in that congregation: and the Presbytery to which the congre- 
gation belongs, having received an authenticated certificate of his release, 
under the hand of the Clerk of that Presbytery, shall proceed to install 
him in the congregation, as soon as convenient. Provided always, that 
no bishop or pastor shall be translated without his own consent previously 
obtained. 

1. Pastor and chnrch must belong to the same Presbytery. 

Overture from a member of the Presbytery of Lexington, asking 
whether a minister who is a member of one Presbytery can be installed 
as pastor over a church in another Presbytery; and if so, what are 
the proceedings proper in the case. The Committee recommend the 
Assembly to answer that he should not be installed in such a case. 
Adopted.— 1854, p. 46, O. S. 

[Note.— See Form of Government, Chap, ix, p. 184 ; Chap, xv, p. 568.] 

IV. When any minister is to be settled in a congregation, the install- 
ment, which consists in constituting a pastoral relation between him and 
the people of that particular church, may be performed either by the 



OF RESIGNING A PASTORAL CHARGE. 577 

Presbytery, or by a Committee appointed for that purpose, as may appear 
most expedient: and the following order shall be observed therein: 

V. A day shall be appointed for the installment at such time as may 
appear most convenient, and due notice thereof given to the congrega- 
tion. 

VI. When the Presbytery, or Committee, shall be convened and con- 
stituted, on the day appointed, a sermon shall be delivered by some one 
of the members previously appointed thereto; immediately after which, 
the bishop who is to preside shall state to the congregation the design of 
their meeting, and briefly recite the proceedings of the Presbytery rela- 
tive thereto. And then, addressing himself to the minister to be installed, 
shall propose to him the following or similar questions: 

1. Are you now willing to take the charge of this congregation, as 
their pastor, agreeably to your declaration at accepting their call ? 

2. Do you conscientiously believe and declare, as far as you know your 
own heart, that in taking upon you this charge, you are influenced by a 
sincere desire to promote the glory of God, and the good of his Church ? 

3. Do you solemnly promise, that, by the assistance of the grace of 
God, you will endeavor faithfully to discharge all the duties of a pastor 
to this congregation, and will be careful to maintain a deportment in all 
respects becoming a minister of the gospel of Christ, agreeably to your 
ordination engagements ? 

To all these having received satisfactory answers, he shall propose to 
the people the same or like questions as those directed under the head of 
ordination ; which, having been also satisfactorily answered, by holding 
up the right hand in testimony of assent, he shall solemnly pronounce 
and declare the said minister to be regularly constituted the pastor of that 
congregation. A charge shall then be given to both parties, as directed 
in the case of ordination; and, after prayer, and singing a psalm adapted 
to the transaction, the congregation shall be dismissed with the usual 
benediction. 

VII. It is highly becoming, that, after the solemnity of the installment, 
the heads of families of that congregation who are then present, or at least 
the elders, and those appointed to take care of the temporal concerns of 
that church, should come forward to their pastor, and give him their 
right hand, in token of cordial reception, and affectionate regard. 



CHAPTER XVII. 
OF RESIGNING A PASTORAL CHARGE. 

When any minister shall labor under such grievances in his congrega- 
tion, as that he shall desire leave to resign his pastoral charge, the Presby- 
tery shall cite the congregation to appear, by their commissioner^, at their 



578 FORM OF GOVERNMENT, CHAP. XVII. 

next meeting, to show cause, if any they have, why the Presbytery 
should not accept the resignation. If the congregation fail to appear, 
or if their reasons for retaining their pastor be deemed by the Presbytery 
insufficient, he shall have leave granted to resign his pastoral charge, of 
which due record shall be made ; and that church shall be held* to be 
vacant, till supplied again, in an orderly manner, with another minister: 
and if any congregation shall desire to be released from their pastor, a 
similar process, mutatis mutandis, shall be observed. 

1. Whether the relation shall be dissolved at the meeting where 
the request is made left to the discretion of the Presbytery. 

The Committee on Overture No. 9, viz. : Advice asked respecting the 
following question of order by the Presbytery of Otsego, " Is it contrary 
to Chap, xvii of the Form of Government, for a Presbytery to dissolve 
the connection between a minister and his congregation at the time when 
he presents his request for his dissolution, and the congregation joins 
issue by commissioners duly appointed for that purpose ?" made the 
following report, which was adopted, viz. : 

Resolved, That it is not expedient for this Assembly to give a decided 
answer to the question, but to leave every Presbytery to act according 
to their own discretion in the premises. — 1832, p. 373. 

2. If the parties are agreed, the relation may be dissolved at 
the first meeting. 

Overture from the Synod of New Jersey, proposing the following 
query: "Is it the intent of Chap, xvii of the Form of Government 
that a minister desiring to resign his pastoral charge shall in all cases 
first make his request known to the Presbytery ?" 

The Committee recommend that it be answered in the negative, for 
the reason that Chap, xvi, Sec. ii, provides that where the parties are 
prepared for the dissolution of a pastoral relation it may be dissolved at 
the first meeting of Presbytery. Adopted. — 1866, p. 47, O. S. 

3. A pastoral relation ceases with the action of the Presbytery 

dissolving it, when no other time is designated. 
Does a pastoral relation cease with the action of the Presbytery dis- 
solving such relations, when no other time for its termination is explicitly 
fixed by the Presbytery ? Answered in the affirmative. — 1896, p. 91. 
[Note.— Complaint of D. R. Breed et al., vs. Synod of Pennsylvania.] 

4. A meeting of the congregation without the presence and coopera- 
tion of the pastor valid, he having requested the dissolution. 

Case No. 4, the complaint of the Rev. W. P. Carson against Synod 
of Iowa, for dismissing his complaint against the Presbytery of Du- 
buque. The Presbytery, upon application both of the pastor and the 
congregation, dissolved the pastoral relation, and Mr. Carson complained 
to Synod, on the ground that the Session and trustees united in calling 
the meeting of the congregation, without the presence or cooperation of 
the pastor, at which action was taken asking for the dissolution of the 
pastoral relation. The Committee recommend that the complaint be 
dismissed, there being no sufficient ground of complaint. 

The report was adopted. — 1868, p. 612, O. S. 



OF RESIGNING A PASTORAL CHARGE. 579 

5. Where a Synod on appeal dissolves the pastoral relation on the 
petition of a minority, it is sustained. 

The report of the Commission on Judicial Case No. 2 was adopted, 
and is as follows: 

This case originated in a petition presented to the Presbytery of Ohio, 
December 27, 1866, asking the dissolution of the pastoral relation exist- 
ing between the Rev. William Hunter and the church of Hopewell. 
The reasons of this petition were based upon troubles in the congrega- 
tion which arose out of a state of things upon which Presbytery and 
Synod had already acted. This petition was signed by a minority. A 
counter petition was presented from a large majority of the congregation, 
begging the continuance of the pastoral relation. Presbytery refused 
by a small majority to dissolve the relation. The case was then taken 
by a complaint of the minority of the congregation to the Synod of 
Pittsburgh. Synod sustained the complaint by a vote of 50 yeas to 11 
nays, and by a unanimous vote directed the Presbytery of Ohio to 
dissolve the pastoral relation. From this action of Synod an appeal is 
made to the Assembly by Joseph Connell, of the church of Hopewell, 
for the following reasons: 

1. Because the pastoral relation between the Rev. William Hunter 
and the congregation is ordered to be dissolved on the petition of less 
than one- fourth of the members of the congregation, greatly against the 
will of the congregation and to our injury, and in contravention of our 
Christian and constitutional rights. • 

2. Because the petitioners were not only a small minority, but because 
some of them were not members of the congregation and those Avho were 
members had lost their status, they having for more than a year neither 
communed in the church nor contributed their just proportion of the 
expenses of the congregation. 

3. Because the decision of Synod is highly injurious to the pastor as 
well as to the congregation, and hurtful also to the cause of truth, righte- 
ousness and equity, as taught in the Holy Scriptures and assured to 
congregations and pastors by our Church Standards. 

All the papers and records relating to the case were read before the 
Commission, and all the parties desiring a hearing were heard. 

It appeared that the principal cause, if not the origin, of these difficul- 
ties, was the use of harsh and intemperate language on the part of Mr. 
Hunter toward some of his parishioners. This led to charges and a 
trial before the Presbytery, the result of which was an admonition to 
Mr. Hunter to " restrain his temper and cultivate a meek and quiet 
spirit. ' ' In connection with this trial the request of petitioners for the 
removal of Mr. Hunter was granted, and the pastoral relation dissolved. 
From this act of dissolution Mr. Hunter appealed to Synod, who 
sustained his appeal on account of deficiency in the records. 

A new application for the dissolution of the pastoral relation was then 
made to Presbytery by the discontented minority, based upon the exist- 
ing troubles, which was refused, as already stated, by a small majority 
of Presbytery, but granted by a unanimous vote of Synod. 

The facts and statements of the parties satisfied your Commission that, 
while a majority of the congregation clung to Mr. Hunter, he had taken 
such a course as to alienate a part of the people and seriously to impair 
his usefulness in that congregation. The matter has been for two years 



580 FOKM OF GOVERNMENT, CHAP. XVIII. 

before Presbytery, and they have sought to secure a reconciliation by 
sending Committees to confer with the people, but to no purpose. And 
the case has become so complicated in Presbytery as to divide that body 
about equally. When Synod came to decide upon the merits of the case, 
their judgment was unanimous against the continuance of the pastoral 
relation. 

Your Commission had this case several days before them, and 
bestowed upon it careful consideration, and have unanimously determined 
to report to the Assembly that the sense of this Commission is that the 
interests of the church of Hopewell require the dissolution of the 
pastoral relation, and that they agree with the decision of Synod, and 
they recommend the folio wing minute: 

This Assembly recognizes the right of each congregation to decide 
whether a pastor is acceptable to them, and the wishes of a majority are 
to be set aside only for weighty reasons; yet such a state of things may 
exist between the pastor and a portion of his people as shall require, for 
the fair name of religion, that the relation be dissolved ; and for this 
reason the appeal and complaint of Joseph Connell against the Synod of 
Pittsburgh is not sustained.— 1868, pp. 648, 649, 0. S. 

6. The rule should be strictly observed and enforced. 

Overture. — The Committee have had before them an overture on 
"The Perils of a Degraded Ministry." The title is infelicitous, and 
fails to present the true, design of the paper, which sets forth the well- 
known difficulties that attend the loose notions prevailing in regard to the 
permanence of the pastoral relation and the mutual obligations of pastor 
and people. There are many statements in the overture which deserve 
attention, and might be properly spread before the churches in the form 
of a tract or other publication. The Committee would, however, recom- 
mend the following answer: 

Whereas, The frequent dissolution of the pastoral relation is a growing 
evil in our Church, arising largely out of the loose opinions which prevail 
as to the relation of pastor and people, and the influence of men who 
regard more the financial than the spiritual interests of the Church; 
therefore, 

Resolved, 1. That the Presbyteries be reminded of the necessity of 
giving clear and full instruction on the subject at the time of the instal- 
lation of pastors. 

2. That Article xvii of our Form of Government, in its spirit and 
letter, should be strictly observed by all our pastors and churches, and 
that our Presbyteries be enjoined to seek its rigid enforcement. Adopted. 
—1880, p. 77. 

7. Presbytery may dissolve a pastoral relation, without a meeting of 
the congregation being held. 

Overture from the Synod of Missouri, asking: 1. Is it legal for a 
Presbytery to dissolve a pastoral relation without a regularly called 
meeting of the congregation being had, and its action touching the 
pastoral relation reported to the Presbytery ? 

Answer: Yes.— 1890, p. 47. 



OF MISSIONS. 581 

CHAPTER XVIII. 

OF MISSIONS. 

When vacancies become so numerous in any Presbytery that they 
cannot be supplied with the frequent administration of the word and 
ordinances, it shall be proper for such Presbytery, or any vacant congre- 
gation within their bounds, with the leave of the Presbytery, to apply to 
any other Presbytery, or to any Synod, or to the General Assembly, for 
such assistance as they can afford. And, when any Presbytery shall send 
any of their ministers or probationers to distant vacancies, the missionary 
shall be ready to produce his credentials to the Presbytery or Presbyteries, 
through the bounds of which he may pass, or at least to a Committee 
thereof, and obtain their approbation. And the General Assembly may, 
of their own knowledge, send missions to any part to plant churches, or 
to supply vacancies : and for this purpose, may direct any Presbytery to 
ordain evangelists, or ministers without relation to particular churches : 
provided always, that such missions be made with the consent of the parties 
appointed ; and that the judicatory sending them, make the necessary pro- 
vision for their support and reward in the performance of this service. 

[Note. — For a fall account of the earlier missions of the Church, and of the origin 
and progress of the work culminating in the present Board of Home Missions, see 
New Diqest (Moore, 1861), pp. 319-341 ; annual Minutes, N. S., from 1861 to 1869 ; also, 
Baird's Digest, rev. ed., pp. 321-360 ; annual Minutes, 0. S , from 1838 to 1869.] 

1. The Standing Committee of Missions appointed. 

Resolved, 1. That a Committee be chosen annually by the General 
Assembly to be denominated the Standing Committee of Missions ; that 
the Committee shall consist of seven members, of whom four shall be 
clergymen and three laymen ; that a majority of this Committee shall be 
a quorum to do business ; that it shall be the duty of this Committee to 
collect, during the recess of the Assembly, all the information in their 
power relative to the concerns of missions and missionaries, to digest 
this information and report thereon at each meeting of the Assembly ; to 
designate the places where and to specify the periods during which the 
missionaries should be employed; to correspond with them if necessary 
and with all other persons on missionary business ; to nominate missionaries 
to the Assembly and report the number which the funds will permit to be 
-employed ; to hear the reports of the missionaries and make a statement 
thereon to the Assembly relative to the diligence, fidelity and success of 
the missionaries, the sums due to each, and such parts of their reports as 
may be proper for the Assembly to hear in detail; to ascertain annually 
whether any money remains with the trustees of the College of New 
Jersey which ought to be used for missionary purposes, agreeably to the 
last will of James Leslie, deceased; that they also engage a suitable 
person annually to preach a missionary sermon on the Monday evening 
next after the opening of the General Assembly, at which a collection 
shall be made for the support of missions, and superintend generally 
under the direction of the Assembly the missionary business. 

2. That although this Standing Committee shall be elected annually, 



582 FORM OF GOVERNMENT, CHAP. XVIII. 

yet each Committee shall continue in office till the end of the sessions of 
that Assembly which succeeds the one by which the said Committee was 
chosen. 

3. That this Standing Committee of Missions, in addition to the duties 
above specified, shall be and they hereby are empowered to direct the 
trustees of the General Assembly, during the recess of the Assembly, to 
issue warrants for any sums of money which may become due in conse- 
quence of contracts, appropriations or assignments of duty made by the 
Assembly, and for which orders may have not been issued by the Assem- 
bly, and on this subject the Committee shall report annually to the 
Assembly.— 1802, p. 258. 

In 1805, p. 345, the number of the Committee resident in or near the 
city of Philadelphia was increased to ten, and one other member added 
for each Synod, making in the whole seventeen. In 1816 the Committee 
was enlarged, and the title changed to 

2. The Board of Missions. 

1. That the style of the Committee be changed for that of the " Board 
of Missions, acting under the authority of the General Asssembly of the 
Presbyterian Church in the United States." 

2. That the Board of Missions be enlarged by the addition of the Rev. 
John B. Romeyn, D.D., Samuel Miller, D.D., and Messrs. Samuel 
Bayard, Robert Ralston, Robert Lenox, John R. B. Rodgers, John E. 
Caldwell, Divie Bethune, and Zechariah Lewis. 

3. That, in addition to the powers already granted by the Committee 
of Missions, the Board of Missions be authorized to appoint missionaries 
whenever they may deem it proper, to make such advances to missionaries 
as may be judged necessary, and to pay balances due to missionaries who 
have fulfilled their missions, whenever in their judgment the particular 
circumstances of the missionaries may require it. 

4. That the Board be authorized and directed to take measures for 
establishing throughout our churches auxiliary missionary societies, and 
that the General Assembly recommend to their people the establishment 
of such societies to aid the funds and extend the operations of the Board. 

5. That the members of the Board of Missions be annually chosen by 
the Assembly, and that they continue in office until the rising of the 
next General Assembly, when they are to be succeeded by the persons 
chosen for the current year. 

The Committee further report that while deliberating on the subject 
referred to them, they at first thought it would be expedient for this 
Assembly to present to the consideration of their churches the importance 
of foreign missions, and to direct the Board to take measures for com- 
mencing and carrying on such missions, but on mature reflection they are 
inclined to believe that the union of foreign with domestic missions would 
produce too great complexity in the affairs of the Board, and render the 
pressure of business too severe and burdensome. And this consideration 
is strengthened by the belief which they indulge that a new society for 
conducting foreign missions might be formed, composed not only of mem- 
bers belonging to our churches, but also of members belonging to the 
Reformed Dutch Church, to the Associate Reformed Church, and other 
Churches which have adopted the same creed. Such a society is 
highly desirable ; and were it organized on an extensive plan, so as to call 
forth the combined energies and charity of all those sister churches, it 



OF MISSIONS. 583 

would be productive of beneficial consequences both at home and abroad, 
to ourselves as well as to the heathen. — 1816, p. 633. 

3. Enlargement of powers. 

Resolved, That the Board of Missions, in addition to the powers 
already granted to them, be authorized to manage, appoint and direct 
the whole concerns and business of the Assembly's missions definitely, 
and report annually their doings to the Assembly. 

Resolved, That the Board be authorized to appoint, if they think 
proper, an Executive Committee of their own number, to carry into 
effect the details of their plan, and that they also be authorized to appoint 
and employ an agent or agents at their discretion. — 1827, p. 217. 

[Note. — The further action of the Assembly, in its efforts to fulfill its mission to 
give the Gospel to all the world, will be found in this Digest, Chapter xii, Sec. v, 
of the Form of Government, under the several heads of "Home Missions," 
" Foreign Missions, " "Education for the Ministry," " Publication and Sabbath-school 
Work," "Church Erection," "Ministerial Relief," "Missions for the Freedmen," 
"Aid for Colleges," and "Systematic Beneficence," pp. 340-400, and also under " Synod- 
ical Sustentation," below. 

4. Synodical Sustentation. 

[Note.— The Assembly, after the plan of Sustentation (see this Digest, p. 349) had 
proven ineffective, authorized certain of the Synods to undertake, in cooperation with 
the Presbyteries, such plans as might seem feasible, for the support of mission work 
within their territory.] 

a. The increased amount of the contributions to the Sustentation De- 
partment over that given last year, indicates that the scheme has a strong 
hold on the hearts of the people; and in the class of churches for which 
it was originally designed, namely, those situated in the midst of a grow- 
ing population, its operation has been attended with gratifying results. 
But many, if not most, of the needy churches in the older and stronger 
Synods, are suffering from a slow process of depletion through emigration 
from their bounds. In such fields, and in those of very slow growth in 
population, the requirements of the Sustentation Department are found, 
after years of trial, too rigid to be complied with. 

Instead of increasing in numbers so as to be able to reach and main- 
tain the requisite rate of support per member, these churches are gradu- 
ally diminishing through force of circumstances, or in other cases 
advancing so slightly as to fail to come under the provisions of the 
scheme. 

In view of these facts, and the difficulty of devising any scheme of 
sufficient flexibility to meet the diversities of so wide a field as that of 
the whole Church, we are constrained to favor the adoption of such plans 
of Synodical sustentation as may be found expedient and suitable to 
the condition of weak churches within the limits of the Synods referred 
to. If any plan introduced should prove deficient, it might be modified ; 
and thus, after a few trials and modifications, we are of opinion that the 
best method of operation would be ascertained, if not at once, at least in 
due time. 

The Committee most heartily commend all such attempts of Synods to 
solve the problem, provided their plans are so carefully guarded as not 
to trench on the contributions which should go into the regular channels 
of the Board.— 1884, p. 41. 

b. Several of the Synods, such as New York, New Jersey and Penn- 
sylvania, have organized Sustentation Systems by which they care for their 
own Home Mission work. We strongly commend this to other Synods 



584 FORM OF GOVERNMENT, CHAP. XIX-XX. 

where it is feasible. Some Presbyteries in Synods which are as yet with- 
out a Sustentation system are doing the same work in their own bounds, 
and we think many more Presbyteries can also do so, and thus relieve 
the Board from mission work within their territory. — 1887, p. 72. 

5. Presbyterial oversight of vacant churches. 

[Note. — See this Digest, p. 222, and also Form of Government, Chap, xxi, p. 588.] 



CHAPTER XIX. 
OF MODERATORS. 



I. It is equally necessary in the judicatories of the Church, as in other 
assemblies, that there should be a moderator or president ; that the busi- 
ness may be conducted with order and despatch. 

II. The moderator is to be considered as possessing, by delegation 
from the whole body, all authority necessary for the preservation of 
order; for convening and adjourning the judicatory; and directing its 
operations according to the rules of the Church. He is to propose to 
the judicatory every subject of deliberation that conies before them. He 
may propose what appears to him the most regular and speedy way of 
bringing any business to issue. He shall prevent the members from 
interrupting each other; and require them, in speaking, always to address 
the chair. He shall prevent a speaker from deviating from the subject; 
and from using personal reflections. He shall silence those who refuse 
to obey order. He shall prevent members who attempt to leave the 
judicatory without leave obtained from him. He shall, at a proper season, 
when the deliberations are ended, put the question and call the votes. If 
the judicatory be equally divided, he shall possess the casting vote. If 
he be not willing to decide, he shall put the question a second time; and 
if the judicatory be again equally divided, and he decline to give his 
vote, the question shall be lost. In all questions he shall give a concise 
and clear state of the object of the vote; and the vote being taken, shall 
then declare how the question is decided. And he shall likewise be em- 
powered, on any extraordinary emergency, to convene the judicatory, by 
his circular letter, before the ordinary time of meeting. 

1. The Vice-Moderator. 

In appointing the Standing Committees the Moderator may appoint a 

Vice -Moderator, who may occupy the chair at his request and otherwise 

assist him in the discharge of his duties. — 1885, p. 590. 

[Note.— See Form of Government, Chap, xii. Sec. i, p. 259 ; Rules for Judic. vii, 
p. 266.] 

2. The Moderator not necessarily a member of the judicatory. 

The Moderator and Clerk are ministerial officers of the judicatory. 
In respect of their office, they are servants merely, and not members, of 
the body. 



OF MODERATORS AND CLERKS. 585 

Nor does the Constitution, explicitly at least, require the Moderator to 
be chosen from the members of the judicatory. It does, indeed, pre- 
scribe (Chap, xix, Sec. ii) that in a certain contingency " he shall 
possess the casting vote. ' ' And as voting is the act of a member, the 
implication seems to offer itself that the Moderator himself must be a 
member. But against this implication some other facts of the Constitu- 
tion may be cited. Thus (Form of Government, Chap, ix, Sec. iii) 
there is the provision for inviting, in certain contingencies, a minister to 
moderate the church Session who is not the pastor of the church, and of 
course not a member of the Session; while the general law of " Moder- 
ators " (Chap, xix) gives him the casting vote. Then, again, the Form 
of Government, Chap, xii, Sec. vii, prescribes, concerning the General 
Assembly, that * ' the Moderator of the last Assembly, if present, or in 
case of his absence some other minister, shall preside until a new Moder- 
ator be chosen." Under this provision it is not necessary that the 
minister called to preside in the Assembly should himself be in commis- 
sion. — New Digest (Moore), 1861, p. 173. 

It may be said that this is merely for organization. True ; but the 
whole principle seems to be involved. For the time being one not a 
member of the Assembly is its Moderator, and as such has a casting vote 
on the numberless issues which may be raised between the formation of 
the roll and the choice of a new Moderator ; and in the former case, 
pertaining to church Sessions, no such limitation for mere organization 
exists. 

Hence these two points are clearly recognized : 1. That it is not essen- 
tial to the idea of a Moderator that he be a member; 2. That the privi- 
lege of a casting vote does not necessarily imply membership. — 1861, 
pp. 457, 458, N. S. 

[Note 1. — So far as the General Assembly is concerned, Rule ii of General Rules for 
Judicatories decides that the Moderator must be a member of it : " The last Modera- 
tor present, being a commissioner, or if there be none, the senior member present," p. 262.] 

2. The Moderator has none other than the casting vote. See Form of Government, 
Chap, xii, Sec. i, 7, p. 262. For general principles as to Moderators, see General Rules 
for Judicatories, p. 265; also, Form of Government, Chap, xii, i, p. 261.] 

III. The moderator of the Presbytery shall be chosen from year to 
year, or at every meeting of the Presbytery, as the Presbytery may 
think best. The moderator of the Synod, and of the General Assembly, 
shall be chosen at each meeting of those judicatories : and the Moderator, 
or, in case of his absence, another member appointed for the purpose, 
shall open the next meeting with a sermon, and shall hold the chair till 
a new Moderator be chosen. 

[Note. — See General Rules for Judicatories, Rule ii, p. 265.] 



CHAPTER XX. 
OF CLERKS. 



Every judicatory shall choose a clerk, to record their transactions, 
whose continuance shall be during pleasure. It shall be the duty of the 
clerk, besides recording the transactions, to preserve the records carefully; 



586 FORM OF GOVERNMENT, CHAP. XXI. 

and to grant extracts from them, whenever properly required : and such 
extracts, under the hand of the clerk, shall be considered as authentic 
vouchers of the fact which they declare, in any ecclesiastical judicatory, 
and to every part of the Church. 

1. The term of service of their Stated Clerks is at the discretion of the 
Sessions, Presbyteries, Synods, and of the General Assembly. 

Overture, from the Presbytery of Syracuse, asking to have a time limit 
of service fixed for the Stated Clerks of all the judicatories of the 
Church. The Committee recommend no action, inasmuch as this is a 
matter for the discretion of Sessions, Presbyteries and Synods, as well as 
of the General Assembly, as each body may consider wisest and best. — 
1893, p. 72. 

2. The Clerk not necessarily a member of the judicatory. 

a. The Moderator and Clerk are ministerial officers of the judicatory. 
In respect to their office, they are servants merely, and not members, 
of the body. 

Of the Clerk this would seem to be unquestionably true. The Consti- 
tution knows nothing of the Temporary Clerk as distinguished from the 
Stated Clerk. As far as any provision of the ' ' Book ' ' is involved, it is 
plain that a judicatory may select any convenient person, though not a 
member, to record its transactions and discharge all other duties pertain- 
ing to a Clerk. For the part of those duties usually devolving upon a 
Temporary Clerk, we believe it is no infrequent thing for a Presbytery 
to employ a licentiate or other person not a member of the body. — 1861, 
p. 457, N. S. ; confirmed, 1895, p. 136. 

[Note.— The Clerks of the Assembly are full members of it only when they sit as 
commissioners. See, also, this Digest, p. 269.] 

b. The above confirmed. 

Overture on ' ' Who may be Clerk of Session V ' from the Presbytery 
of New Castle, to wit: 

Whereas, The Clerk of the Synod of Baltimore has refused to record 
Harold Sudell as Clerk of the Session of New Castle church, he not 
being a member of the court ; and 

Whereas, The Session of New Castle church has appealed to the Pres- 
bytery of New Castle, and Presbytery being in doubt as to the legality 
of their having a Clerk of Session who was not a member of the court ; 

Resolved, That the Presbytery of New Castle overtures the General 
Assembly to make a clear interpretation of the law concerning the eligi- 
bility of a male member of the church who is not an ordained elder for 
election as Clerk of Session. 

The following answer is recommended: 

This Assembly adopts and reaffirms the action upon this subject of the 
New School General Assembly of 1861 (see Minutes, p. 457), as quoted 
in Moore's Digest, 1886, p. 461, Chap, xx, to wit: " As far as the pro- 
vision of the Book is involved, it is plain that a judicatory may select 
any convenient person, though not a member, to record its transactions 
and discharge all other duties pertaining to a Clerk." Adopted. — 1895, 
pp. 135, 136. 



OF VACANT CONGREGATIONS ASSEMBLING FOR WORSHIP. 587 

CHAPTER XXI. 

OF VACANT CONGREGATIONS ASSEMBLING 
FOR PUBLIC WORSHIP. 

Considering the great importance of weekly assembling of the people, for 
the public worship of God, in order thereby to improve their knowledge ; 
to confirm their habits of worship, and their desire of the public ordi- 
nances ; to augment their reverence for the most high God ; and to promote 
the charitable aifections which unite men most firmly in society : it is 
recommended, that every vacant congregation meet together, on the Lord's 
day, at one or more places, for the purpose of prayer, singing praises, and 
reading the Holy Scriptures, together with the works of such approved 
divines, as the Presbytery within whose bounds they are, may recommend, 
and they may be able to procure; and that the elders or deacons be the 
persons who shall preside, and select the portions of Scripture, and of the 
other books to be read; and to see that the whole be conducted in a 
becoming and orderly manner. 

1. Vacant congregations to meet for worship on the Lord's day. 

In consequence of an overture which was brought in, the Synod earn- 
estly recommend to all vacant congregations under their care to meet 
together every Lord's day, at one or more places, for the purpose of 
prayer and praise and reading the Holy Scriptures, together with the 
works of such approved divines as they may be able to procure, and that 
the elders be the persons who shall pray and select the portions of Scrip- 
ture and other books, to be read by any proper person whom they may 
appoint.— 1786, p. 526. 

2. Elders of vacant congregations should be interrogated as to the 
observance of the rule. 

An overture from the Presbytery of Mississippi requesting the General 
Assembly to recommend to the Board of Publication to issue suitable books 
of sermons and helps for devotion, to be used by vacant congregations, 
and to inquire whether ruling elders representing such congregations 
should be interrogated concerning the observance of the recommendation 
contained in Chap, xxi of the Form of Government. 

Answered affirmatively. — 1847, p. 401, O. S. 

3. Eight of ruling elders, in the absence of the pastor, to explain the 
Scriptures and to exhort. 

The records of the Synod of Mississippi approved, except " that on p. 
10 of these minutes Synod takes exception to the minutes of the Louisiana 
Presbytery, because that Presbytery considered it not inconsistent with 
the principles of our Church for ruling elders, in the absence of the 
pastor, to read the Scriptures and explain them, and to endeavor to 
enforce the truth upon the conscience by suitable exhortations. The 
Assembly believe the Presbyter} 7 of Louisiana was right according to 
Chap, xxi of our Form of Government." — 1856, p. 538, O. S. 

Next year the Assembly refused to modify the above. — 1857, p. 41, 
O. S. 



588 FORM OF GOVERNMENT, CHAP. XXII. 

4. Presbyterial oversight of vacant churches. 
Under our Constitution, the Presbytery is officially the pastor of every 
vacant church within its bounds. The question whether any such 
church shall continue to exist is one which the Presbytery alone can 
solve; and if such continued existence is deemed desirable, it is 
directly incumbent upon the Presbytery to provide, in some way, for 
the spiritual necessities of every such organization. It may group 
these small churches together in a joint pastorate, or in a wider cir- 
cuit; it may associate some weak church with some stronger one as a 
single charge; it may appoint an adjacent pastor to be for the time the 
minister and shepherd to the little flock; it may bring in the service of 
intelligent elders, competent to teach and counsel, and willing to be en- 
gaged in such oversight. The General Assembly judges that by pres- 
byterial diligence and faithfulness in these directions, much of the evil 
resulting from these numerous vacancies would be avoided, and many of 
these feeble churches might speedily be nourished into vigor and useful- 
ness. It therefore lays the obligation to such faithfulness and diligence 
directly on the conscience of each Presbytery, and of every minister in 
each Presbytery, whether engaged in the pastoral care or in some other 
form of ministerial service, as one which true loyalty to the Church and 
to Christ will permit no one to neglect. In adopting this resolution, 
the General Assembly recognizes with special satisfactiou the allusion to 
the ruling elders as possible agents and instruments in providing for the 
special needs of these feeble churches. — 1891, p. 176. 



CHAPTER XXII. 

OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 

I. The commissioners to the General Assembly shall always be ap- 
pointed by the Presbytery from which they come, at its last stated meeting, 
immediately preceding the meeting of the General Assembly; provided, 
that there be a sufficient interval between that time and the meeting of 
the Assembly, for their commissioners to attend to their duty in due season ; 
otherwise, the Presbytery may make the appointment at any stated meet- 
ing, not more than seven months preceding the meeting of the Assembly. 
And as much as possible to prevent all failure in the representation of 
the Presbyteries, arising from unforeseen accidents to those first appointed, 
it may be expedient for each Presbytery, in the room of each commis- 
sioner, to appoint also an alternate commissioner to supply his place, in 
case of necessary absence. 

1. The rule not enforced in case of missionary Presbyteries. 

a. The Committee on Elections reported that Rev. James W. Moore 
had been nominated or selected by the Presbytery of Arkansas at their 
meeting in last September, but that the Presbytery had been prevented 
by high waters from meeting since then, and consequently there could be 
no election. On motion, Mr. Moore was admitted to a seat. — 1846, p. 
197, O. S. 

b. In reply to a protest on this case, the Assembly says: " The 



OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 589 

member admitted to a seat represents a body occupying the remote 
confines of our ecclesiastical territory — a body whose delegates must 
travel fifteen hundred miles to reach the usual place of meeting of the 
General Assembly; a body too whose meetings are liable to be inter- 
rupted by insurmountable difficulties, and in whom a technical irregu- 
larity, occasioned by such difficulties, may justly plead exemption from a 
rigorous application of the letter of the law. To exclude from a partici- 
pation in the privileges of this body one who had surmounted so many and 
such formidable obstacles to reach our place of meeting because of an 
informality in his title, which does not, as this Assembly judges, violate 
the spirit of the Constitution, would be to subject a zealous and self- 
denying minister and a whole Presbytery to a serious grievance, and to 
discourage the zeal of those who of all others most need our sympathy 
and fostering care."— 1846, p. 215, O. S. 

C. A reference to the Minutes of the General Assembly of 1844 will 
show that the Rev. William S. Rogers, a commissioner from the Presby- 
tery of Lodiana, in Northern India, was admitted without scruple to a 
seat in that body, though it is evident that his appointment must have 
been made beyond the limits of time prescribed by the Constitution. 
The peculiar circumstances of the case no doubt influenced, and we 
believe authorized, that Assembly to act as they did in the premises. — 
1846, p. 214, O S. 

d. Sir. Joseph B. Junkin, ruling elder of the Presbytery of the 
Creek Nation, produces such evidence that it is the desire of his Presby- 
tery that he should represent it as a commissioner in this Assembly, that, 
considering the remote situation of the Presbytery, the difficulty of his 
position, and the whole bearing of the case, Mr. Junkin may be safely 
allowed to take his seat, without the Assembly thereby establishing any 
precedent to operate beyond the immediate case. The Committee is 
therefore of opinion that, though he was not regularly elected, he ought 
to be allowed to take his seat as a member of the body. — 1853, p. 426, 
O. S. 

e. In the following case it appeared from the evidence that the breth- 
ren of the mission designed to make the appointment. No communica- 
tion, however, had been received from them since the meeting of the 
Presbytery. 

The Rev. J. L. Scott, missionary in Northern India, being present 
from the Presbytery of Furrukhabad without a commission, but with 
evidence of having been duly appointed, was, on motion of Dr. R. J. 
Breckenridge, from the Committee on Elections, admitted to a seat, and 
regularly enrolled.— 1853, p. 430, O. S. 

2. No election through Presbytery failing to meet. 

a. The Committee on Elections further reported, in the case of Mr. 
David M. Smith, that it appeared to their satisfaction that the Presbytery 
of Columbia failed to form a quorum at the time at which their stated 
spring meeting should have been held according to adjournment; that 
there were present two ministers and ruling elders from a majority of the 
churches, the Presbytery consisting only of five ministers ; that those 
present requested that the Assembly would receive Mr. Smith as a com- 
missioner from their Presbytery, in which request two of the absent 
members have expressed their concurrence in writing; and that it is* 
believed that the appointment of Mr, Smith would have been unanimous 



590 FORM OF GOVERNMENT, CHAP. XXII. 

had the Presbytery formed a quorum; and further, that the Committee 
are divided upon the question whether, under these circumstances, Mr. 
Smith ought or ought not to be admitted to a seat. It was moved that 
Mr. Smith be admitted to a seat. After debate the question was decided 
in the negative. — 1843, p. 171, O. S. 

b. The same Committee also reported that Hamilton Smith, a ruling 
elder from the Presbytery of Upper Missouri, had appeared without a 
commission, but with a written request from several ministers and ruling 
elders of that Presbytery, which had been able to secure no quorum for 
two years past, that he be allowed to sit as commissioner. Admitted. — 
1865, p. 538, O. S. 

C. The Rev. L. M. Miller, D.D., Chairman of the Committee on 
Elections, presented the following report, which was adopted, and the 
Rev. George W. Chamberlain was ordered to be enrolled: 

The Committee on Elections would report that the Rev. George W. 
Chamberlain, of the Presbytery of Rio de Janeiro, Brazil, is present 
without a commission. Mr. Chamberlain asks admission to the Assem- 
bly on this ground: He was appointed a commissioner regularly to the 
Assembly of last year, and attended. He has remained in this country 
ever since, doing work in behalf of his mission in that country. Only 
three ministers belonging to that Presbytery remained in Brazil. A 
meeting was appointed in which it was intended to recommission Mr. 
Chamberlain. Just previous to the time indicated, the Rev. Mr. Simon- 
ton, one of the presbyters, died, and thus prevented organization. The 
members remaining desire that he may be permitted to represent that 
Presbytery in this Assembly. The only principle which bears upon the 
case is found in the Digest on p. 286, Sec. 129. The Committee recom- 
mends that the Assembly act upon the question of his admission without 
discussion.— 1868, p. 620, O. S. 

d. That Rev. Ira M. Condit, of the Presbytery of Canton, is bearer 
of an informal appointment, signed by all the members of Presbytery 
who were in Canton at the time; when, however, a quorum could not be 
assembled on account of the absence of several members in this country. 
He was admitted to a seat. — 1869, p. 890, O. S. 

3. Commissioner enrolled on petition of members of his Presbytery. 

The Committee on Enrollment referred to the Assembly the case of 
Mr. Robert Livingstone, who, in the inability of both the principal and 
alternate, who had been elected to attend, was named to the Assembly, 
by the majority of the members of the Presbytery of Portland, as a repre- 
sentative of that body in the General Assembly, with a petition that he 
be admitted to a seat. The request was granted, and Ruling Elder 
Robert Livingstone was enrolled as a commissioner from the Presbytery 
of Portland.— 1892, p. 10. 

4. Commissioners from new Presbyteries. 

a. The Committee to which was referred an overture on the subject of 
admitting commissioners from newly formed Presbyteries to seats in this 
house reported the following resolutions, which were adopted, viz. : 

1. Resolved, That it be adopted as a standing rule of this house that 
commissioners from newly formed Presbyteries shall, before taking their 
seats as members of this body, produce satisfactory evidence that the 
Presbyteries to which they belong have been regularly organized accord- 



OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 591 

ing to the Constitution of the Church, and are in connection with the 
General Assembly. 

2. Resolved, also, That such commissioners shall be entitled to furnish 
the evidence required in the foregoing resolution before the house shall 
proceed to the choice of a Moderator. — 1822, p. 48. 

b. Resolved, That no commissioner from a newly formed Presbytery 
shall be permitted to take his seat, nor shall such commissioner be 
reported by the Committee on Commissions, until the Presbytery shall 
have been duly reported by the Synod and recognized as such by the 
Assembly, and that the same rule apply when the name of any Presby- 
tery has been changed. — 1837, p. 446. 

5. Commissioners, not ruling elders, under the Plan of Union. 

Under the ' ' Plan of Union ' ' in several cases members of ' ' Standing 
Committees ' ' not ordained elders were admitted as commissioners to the 
Assembly.— 1820, pp. 721-724; 1826, pp. 164, 178, 181; 1831, p. 
318. Growing out of the last case was the following: 

Resolved, That in the opinion of the General Assembly the appointment 
by some Presbyteries, as has occurred in a few cases, of members of 
Standing Committees to be members of the General Assembly, is inexpe- 
dient and of questionable constitutionality, and therefore ought not in 
future to be made. 

The yeas and nays on this resolution were taken and required to be 
recorded, and are as follows, viz., yeas 81, nays 54. — 18.31, p. 338. 

[Note.— See Minutes, 1832, pp. 354-356 ; 1833, p. 392.] 

6. Commissioners should attend to the close of the session. 

Presbyteries to call their commissioners to account. 

a. Whereas, Many members of the General Assembly are, from year 
to year, in the habit of asking leave of absence long before its sessions 
are closed ; and whereas, in receiving and acting upon these applications, 
much of the time of the Assembly is consumed, and much of the most 
important business has to be transacted by few members; therefore, 

Resolved, 1. That the Presbyteries be directed to pay particular atten- 
tion to the following minute, found in Vol. i, p. 308, of Printed 
Extracts, and also in Digest (1820)' p. 76, viz. : " The Presbyteries are 
informed that their Commissioners should attend with the expectation 
that the sessions will be of two weeks' continuance, and that arrangements 
should be made accordingly. ' ' 

Resolved, 2. That it be recommended to the Presbyteries to inform 
their commissioners, when they accept an appointment, that it is expected 
they will continue in the Assembly until the close of its sessions, unless 
some unforeseen and imperious reason should require them to ask leave 
of absence. 

Resolved, 3. That each Presbytery require their commissioners to report 
whether they attended the sessions of the Assembly the whole time, and 
that the report of the commissioners on this subject be recorded on the 
minutes of the Presbytery. — 1824, p. 119. 

b. The Committee on Leave of Absence beg leave to submit to the 
General Assembly that, whereas it both fulfills the requirements of our 
excellent Church polity, and facilitates the business of the Assembly, 
and also should be regarded as both a duty and a privilege, for elders as 
well as ministers to attend its sessions; therefore be it 



592 FORM OF GOVERNMENT, CHAP. XXII. 

Resolved, That elders and ministers who from time to time may repre- 
sent the Presbyteries in General Assembly be earnestly requested to 
arrange their business, as far as possible, before leaving home, that they 
may remain to the end of its sessions, and thus fulfill their high commis- 
sions, and enjoy the valued privileges as members of the highest judica- 
tory of our Church. 

The resolution was adopted.— 1862, p. 38, N. S. 

C. On the recommendation of the Standing Committee on Leave of 
Absence, it was 

Resolved, That the General Assembly earnestly recommend to its 
Presbyteries, as far as possible, the appointment as commissioners of 
those only who are able and willing to remain to the close of its sessions, 
to the end that all the work of the Assembly may be performed by all 
its members.— 1867, p. 499, N. S. 

7. A commissioner, having taken his seat, may not resign it to 
his alternate or principal. 

[Note.— From the origin of the General Assembly, it was frequent usage for the 
principal to resign his seat to the alternate, and vice versa. But in 1827 the following 
act was adopted :J 

The Committee to whom were referred Overtures Nos. 4 and 5, contain- 
ing resolutions of the Presbyteries of Richland and Charleston Union, 
disapproving the practice of permitting members of the General Assem- 
bly " at various stages of the sessions to resign their seats to others 
called alternates, ' ' made the following report, viz. : 

These overtures present two points of inquiry : 

1. Whether the Constitution of the Church, according to a fair inter- 
pretation, permits the practice complained of by these Presbyteries. 

2. If this practice is allowed by the Constitution, whether it is expe- 
dient that it should be continued. 

As to the first question, the only authority on this subject, as far as 
appears to your Committee, is found in Form of Government, Chap, 
xxii, Sec. i, in these words: " And as much as possible to prevent all 
failure in the representation of the Presbyteries, arising from unforeseen 
accidents to those first appointed, it may be expedient for each Presby- 
tery, in the room of each commissioner, to appoint also an alternate 
commissioner to supply his place in case of necessary absence. ' ' 

The first remark obviously presenting itself here is that the language 
quoted, so far from making the appointment of alternates necessaiy, 
contains nothing more than a recommendation of the measure expressed 
in very gentle terms. 

In the next place, although the terms of the article may be so inter- 
preted as to make it provide for the necessary absence of a Commissioner 
at any time during the sessions of the Assembly, yet it appears most 
reasonable to suppose that the intention of the framers of the Constitution 
was to provide for those unforeseen events which might altogether prevent 
the attendance of the primary commissioners. For it is not at all proba- 
ble that wise men, in drawing up a Constitution for a Church judica- 
ture of the highest dignity, whose business is often both very important 
and extremely difficult, would provide for a change in the members of 
the court after it should be constituted and become deeply engaged in the 
transaction of weighty affairs and the investigation of certain perplexing 
questions. A measure of this kind is, the Committee believe, without 



OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 593 

example, and therefore the construction which would support it is thought 
to be erroneous. 

If in this case the Committee have judged correctly, they are much 
more confident in the remarks that the Constitution does not justify the 
practice, now very common, of the arrangements for convenience made 
by the primary commissioner and his alternate, according to which the 
one or the other, as the case may be, takes his seat for a few days in the 
Assembly, resigns it, and goes to his secular business. 

But, secondly, if it should be determined that the Constitution permits 
these changes in some instances, the Committee are constrained to believe 
that the practice is, on the whole, entirely inexpedient: 

1. Because it creates dissatisfaction among many brethren, as well 
those who have complained of it as others who have held their peace. 

2. It gives an invidious advantage to the neighboring Presbyteries 
over those which are remote. 

3. It may be the occasion of a number of abuses against which the 
Assembly ought to guard, but which the Committee do not think it need- 
ful to specify. 

4. But, chiefly, it often embarrasses and retards the proceedings of 
the Assembly, because members of Committees resign to alternates before 
the Committees to which they belonged have finished their business or 
received a discharge from the house ; because new members coming into 
the Assembly in the* midst of business often cannot possibly understand 
it sufficiently to decide on it wisely, and because speeches made in rela- 
tion to matters imperfectly understood often shed darkness and throw 
perplexity over them, and thus very much time is wasted in discussions 
which profit nothing. 

Finally, the practice is thought to be derogatory to the dignity and 
usefulness of the General Assembly. For these reasons the Committee 
recommend the adoption of the following resolution : 

Resolved, That in the judgment of this General Assembly the construc- 
tion of the Constitution, Form of Government, Chap, xxii, Sec. i, 
which allows commissioners, after holding their seats for a time, to 
resign them to their alternates, or which allows alternates to sit for a 
while and then resign their places to their principals, is erroneous ; that 
the practice growing out of this construction is inexpedient, and that it 
ought to be discontinued. 

The above report was accepted, and the resolution with which it closes 
was adopted.— 1827, p. 209, 210. 

[Note.— See 1872, p. 68, Form of Gov., Chap. ix. Also No. 19, p. 170 ; No. 9a, p. 594.] 

8. Rule dispensed with under peculiar circumstances. 

a. Rev. Jacob D. Mitchell informed the Assembly that, as the alter- 
nate named in the commission from West Hanover, his principal, Rev. 
James Wharey, not being present, he had at the commencement of the 
Assembly taken his seat as a member, aud that Mr. Wharey had now 
arrived, having been detained in the providence of God. Mr. Mitchell 
moved that he have leave to resign his seat in favor of Mr. Wharey. It 
was then moved and carried that, under the peculiar circumstances of 
the case, the standing rule be dispensed with, and that Mr. Wharey be 
admitted a member in the place of Mr. Mitchell. — 1836, p. 245. 

b. The Rev. Thomas P. Hunt, of the Presbytery of Luzerne, stated 
to the Assembly that, owing to peculiar circumstances, he as alternate 

38 



594 FORM OF GOVERNMENT, CHAP. XXII. 

had taken his seat as a member of the house, and that he wished to 
resign it to Rev. John Dorrance, the principal named in the commission. 

Resolved, That in view of the peculiar circumstances of the case which 
were stated at large by Mr. Hunt, this request be granted, and that Mr. 
Dorrance' s name be inserted on the roll instead of Mr. Hunt's. — 1844, 
p. 368, O. S. ; see also 1847, p. 382, O. S. 

C. Alexander Swaney, minister of the Presbytery of Steubenville, 
having obtained leave of absence, his alternate, Rev. C. C. Beatty, 
D.D., was, on motion of Judge Leavitt, admitted to a seat. — 1850, p. 
459; see 1851, p. 24, O. S. 

d. On motion of Dr. Hornblower, the name of Theodore Litle, ruling 
elder from the Presbytery of Passaic, was substituted for that of Harvey 
Law, who has occupied a seat as commissioner from that Presbytery 
since the fourth day of our session. — 1861, p. 321, O. S. 

9. The right of alternates to sit is at the discretion of the 

judicatory. 

a. The Committee upon the Records of the Synod of Colorado would 
report their approval, with one exception, to wit: 

On p. 254 the Synod excepted to the action of the Presbytery of 
Boulder in admitting to a seat in an adjourned meeting an alternate in 
place of a principal who had sat in a previous regular meeting. 

The Committee had also referred to it the repo.rt of the Judiciary 
Committee upon the matters involved in the complaint of Rev. J. L. 
Reid against the action of the Synod of Colorado in excepting to the 
action of the Presbytery of Boulder in admitting to a seat at an ad- 
journed meeting an alternate in place of a principal who had sat in a 
previous regular meeting. The Committee would report: 

1. That, in their opinion, the very object of electing an alternate is to 
ensure, if possible, the actual representation of each constituency in its 
proper judicatory. 

2. That, as the General Assembly has in several instances admitted to 
seats in its own body, during the progress of its annual meeting (see 
Digest, 1886, p. 468), an alternate in place of a principal who wished 
to be absent during the residue of the meeting, it is expedient that this 
subject, so far as there is no positive law, be left to the judgment of the 
several Presbyteries, as circumstances may require. Adopted. — 1886, 
p. 110. 

[Note.— See No. 8, p. 593.] 

b. The Permanent Committee on Enrollment reported that the Rev. 
Dr. James T. Leftwich, principal commissioner from the Presbytery of 
Baltimore, had taken his seat, but had been called away and would not 
be able to return, and recommended that the Rev. Joseph T. Smith, 
D. D., an alternate commissioner from the same Presbytery, be enrolled. 
The recommendation was adopted, and Dr. Smith was enrolled. — 
1890, p. 65. 

10. At an adjourned meeting alternates enrolled. 
The Committee on Commissions reported that several gentlemen were 
present with commissions as alternates, the principals being absent. On 
motion, it was Resolved, That all alternates presenting regular commis- 
sions be enrolled, the principals being absent. — 1869, reprint, p. 504, 
O. S. 



OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 595 

11. Ratios and excess of representation. 

[Note. — See in this Digest, p. 278.] 

12. Ruling elder need not be a member of Presbytery. 

Overture, from the Presbytery of Holston, asking, would the election 
of a ruling elder as a commissioner to the General Assembly be valid, if 
at the time of his election he were not in the Presbytery electing him. 
Such election would be valid, if he is a member of a church under the 
care of Presbytery. Adopted. —1889, p. 102. 

13. Ruling elders who have been dismissed from the church in which 
they served, to another, cannot be elected. 

Overture, from the Presbytery of Neosho, concerning the eligibility to 
election as a commissioner to the General Assembly of an elder serving 
under either the term or permanent service in a particular church, when 
dismissed to another church under the jurisdiction of the General Assem- 
bly. It is recommended that the overture be answered in the negative. 
Adopted.— 1897, p. 133. 

14. Power to expel commissioners. 

[Note. — See in this Digest, p. 299.] 

II. Each commissioner, before his name shall be enrolled as a member 
of the Assembly, shall produce from his Presbytery, a commission under 
the hand of the moderator and clerk, in the following, or like form, — viz. 

The Presbytery of being met at on the 

day of doth hereby appoint bishop 

of the congregation of [or ruling elder in the 

congregation of as the case may be :] (to which the Pres- 

bytery may, if they think proper, make a substitution in the following 
form) or in case of his absence, then bishop of the con- 

gregation of [or ruling elder in the congrega- 

tion of as the case may be :] to be a commissioner, on 

behalf of this Presbytery, to the next General Assembly of the Presby- 
terian Church in the United States of America, to meet at 
on the day of A.D. or wherever, and 

whenever the said Assembly may happen to sit; to consult, vote, and 
determine, on all things that may come before that body, according to the 
principles and Constitution of this Church, and the Word of God. And 
of his diligence herein, he is to render an account at his return. 
Signed by order of the Presbytery, 

Moderator, 
Clerk. 

And the Presbytery shall make record of the appointment. 

1. The rule must be complied with. A certificate of appointment 
is not a commission. 

The Committee on Commissions presented a supplemental report, which 
was adopted, and is as follows: 

The Committee on Commissions respectfully report that the commis- 



596 FORM OF GOVERNMENT, CHAP. XXII. 

sioners whose names are hereinafter given have presented to the Committee 
certificates of appointment and not commissions, viz. : 
The Committee recommend: 

1. That these commissioners, although their credentials are informal, 
be duly enrolled. 

2. That the Stated Clerk of the Assembly notify the Stated Clerks of 
the above-named Presbyteries, that the form of the commission of 
commissioners to the General Assembly is printed in Chap, xxii of the 
Form of Government, and that mere certificates of appointment are 
not a compliance with the requirements of the Constitution. — 1896, 
p. 11. 

2. Irregularities and defects in commissions. Commissioner 

received. 

a. Without a commission, but brings testimony of appointment. — 
1792, p. 48; 1793, p. 65; 1794, p. 79; 1795, p. 94; 1806, p. 347; 
1816, p. 605; 1821, p. 7, and passim. 

b. Commission signed only by the Stated Clerk. — 1795, p. 94; 1830, 
p. 281. 

C. Not in due form.— 1828, p. 226; 1829, p. 254; 1858, p. 574, 
N. S. ; 1852, p. 201, O. S., and passim. 

d. Wanting the date of the year of appointment. — 1831, p. 317. 

e. Wanting signature of Moderator.— 1831, p. 317; 1833, p. 389; 

1834, p. 422; 1835, p. 465; 1869, p. 889, O. S. 

f. Extract from the Minutes signed by Stated Clerk.— 1834, p. 422; 

1835, p. 465; 1837, p. 415; 1849, p. 166, N. S. ; 1851, p. 9, O. S., 
and passim. 

[Note.— No. 1, p. 595, forbids this.] 

g. Wants the signature of the Clerk.— 1834, p. 422; 1836, p. 238; 
1839, p. 8, N. S. 

h. Dated more than seven months before Assembly. — 1834, p. 422. 

i. From Presbyteries whose organization has not yet been reported 
officially to the General Assembly.— 1855, p. 265, O. S. ; 1865, p. 528, 
O. S.; 1868, p. 597, O. S. 

k. The Committee on Elections also reported that they had satisfac- 
tory proof that it was the wish of the Presbytery of Allahabad, in 
Northern India, that the Rev. L. G. Hay should represent said Presby- 
tery in the General Assembly, but that, on account of the rebellion in 
India and consequent confusion, the Presbytery had not held a formal 
election, and the Committee refer the case to the Assembly. 

On motion it was ordered that he be admitted to a seat, and his name 
was accordingly enrolled.— 1858, p. 262, O. S. ; 1869, p. 889, O.S. 

1. The Committee on Elections reported that Rev. James M. Roberts 
appeared before them with a commission from the Presbytery of Santa 
Fe, regular in its form, but defective because the Presbytery has fallen 
below the constitutional number of five members. The Committee 
recommend that he be received, and his name enrolled. The report was 
adopted.— 1877, p. 507. 

m. John G. Kerr, M.D., an elder from the Presbytery of Canton, 
but without a commission, was enrolled. The facts of the case were 



OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 597 

referred to a Special Committee, to report a minute in the case — 1885, 
pp. 587, 588 and 684. 

fNoTE.— Dr. Kerr had been, but was not at the time, an acting elder in the Second 
Church, Canton, having declined that the church might have native elders only.] 

The Committee reported, recommending " that no further action be 
taken in the case." — 1886, p. 114. 

[Note. — The usage is, that where the Committee on Commissions have satisfactory 
evidence of the appointment of the commissioner by his Presbytery, his name is en- 
rolled. In other cases the claim is referred to the Assembly.] 

3. Some evidence of appointment necessary. 

The Committee on Elections reported that Rev. Augustus Brodhead, 
D.D., of the Presbytery of Allahabad, appeared before them without a 
commission, and also without any evidence of his election as such, or of 
the wish of his Presbytery that he should represent them in this Assem- 
bly. The Committee recommended no action in the case. The report 
was adopted. — 1877, p. 500. 

4. The Assembly will not go behind a commission. 

In the case below, a member of the Presbytery informed the Assembly 
that Mr. Bissell had not been set apart as an elder, but appointed, as 
was supposed, in accordance with the Plan of Union. In answer to a 
protest, the Assembly reply: 

Mr. Bissell was admitted by the Assembly for the following reasons: 

1. The commission which Mr. Bissell produced was in due form, and 
signed by the proper officers of the Presbytery. 

2. Every Presbytery has a right to judge of the qualifications of its 
own members, and it is amenable to Synod, and not to the General 
Assembly, except by way of appeal or reference or complaint regularly 
brought up from the inferior judicatories, which has not been done in 
the present case. 

3. It would be a dangerous precedent, and would lead to the destruc- 
tion of all order in the Church of Christ, to permit unauthorized verbal 
testimony to set aside an authenticated written document. — 1826, p. 181. 

5. Assembly's Permanent Committee on Commissions. 

Commissioners are to present their commissions to the Permanent Com- 
mittee on Commissions, on the morning of the first day of the sessions of 
the Assembly. The Committee meets invariably at 8.30 A. M., of said 
first day, at the church in which the Assembly meets. — Standing Order, 
No. 2, see p. 262. 

6. Advisory members. 

In all regions where through the organization of Union Presbyteries 
there are no Presbyteries in connection with this Assembly, each mission 
organized as such under our Board of Foreign Missions may send to the 
General Assembly an ordained missionary, or ruling elder, as a delegate ; 
and the Standing Rules of the Assembly are hereby so amended that such 
delegate is entitled to sit as an advisory member in the Assembly, and to 
speak, under the rules, on all questions, and his expenses from his domi- 
cile in this country to and during the Assembly and return, shall be met 
as those of commissioners, out of the funds of the Assembly. — Standing- 
Order, No. 14, see p. 264. 



598 FORM OF GOVERNMENT, CHAP. XXII. 

7. Corresponding members. 

a. Officers of the Assembly. 

The permanent officers of the judicatory shall have the rights of corre- 
sponding members in matters touching their several offices. — Rules for 
Judicatories, No. 41, p. 269. 

b. Secretaries of the Boards. 

Resolved, That all the secretaries of the Boards of the Church shall 
have the privileges of corresponding members of the General Assembly 
in discussions bearing upon the interests of the Boards which they sever- 
ally represent. — 1870, p. 85. 

C. Delegates from corresponding bodies. Ministers casually present. 

[Note.— See in this Digest, p. 277.] • 

III. In order, as far as possible, to procure a respectable and full dele- 
gation to all our judicatories, it is proper that the expenses of ministers 
and elders in their attendance on these judicatories, be defrayed by the 
bodies which they respectively represent. 

1. The commissioners' fund. Former plans. 

[Note. — The Assembly of 1792, p. 59, ordered "that each Presbytery pay their own 
commissioners for the future, and for attending the present Assembly." In 1803, p. 
279, the expense of attending the Assembly from distant Presbyteries was brought to 
the notice of the body by overture, and a Committee appointed. On its report, p. 282, 
the subject was referred to the Presbyteries, with directions to report to the next 
Assembly. In 1804, p. 311, the following resolution was adopted, viz. :] 

Resolved, That it be recommended to the Presbyteries belonging to the 
Synod of New York and New Jersey, and to the Synod of Philadelphia, 
earnestly to advise the churches under their care to make an annual 
collection, to be specially appropriated to aid in the payment of the 
expenses of the commissioners from the more distant parts of the coun- 
try, to enable them to attend the General Assembly, and that the money, 
when collected, be put into the hands of the treasurer of the corpora- 
tion, and paid to the persons who may attend as commissioners under 
the direction of the General Assembly. 

A more comprehensive plan, looking to collections in all the churches, 
was adopted by the Assembly of 1806, pp. 369-371 ; see also 1807, pp. 
385, 386; 1822, p. 56. 

In 1833, p. 410, the Assembly urgently pressed the necessity of con- 
tribution to the common fund on all the churches under its care. 

[Note— See also Minutes, 1847, p. 395, O. S. ; 1851, p. 24, N. S. ; 1857, p. 399, N. S. 
(Digest, 1886, pp. 471, 472) ; 1870, pp. 59, 100 (Digest, 1886, pp. 472-474).] 

2. Mileage and contingent funds. 

[Note— Adopted by the General Assembly of 1870; and amended 1875, 1877, 
1884 and 1896.] 

a. It is affirmed, Form of Government, Chap, xxii, Sec. iii, that, "in 
order, as far as possible, to procure a respectable and full delegation to 
all our judicatories, it is proper that the expenses of ministers and 
elders, in their attendance on these judicatories, be defrayed by the 
bodies which they respectively represent." 

The principle is thus established, that provision should be made for the 
payment of the traveling expenses of commissioners to the General 



OF COMMISSIONERS TO THE GENERAL ASSEMBLY. 599 

Assembly. This provision should be made by the Presbyteries. As far 
as possible, the feebler Presbyteries should be aided in this matter by the 
stronger. It appears just and reasonable, and so has been found by 
experience, that the estimated contingent expenses of each Assembly, 
and the traveling expenses of the commissioners in coming to and 
returning from the Assembly, should be fully met by the apportionment 
of the whole amount among the several Presbyteries, according to the 
number of their communicants respectively. 
It is therefore recommended: 

1. That the Standing Committee on Mileage, annually appointed, be 
instructed to present an estimate of the probable amount that will be 
needed by the next General Assembly, in order to meet their contingent 
expenses and the traveling expenses of their commissioners, with a state- 
ment of the per capita rate, based on the number of communicants, that 
will be needed to secure the amount. 

2. That the Presbyteries, at their stated meeting next following the 
adjournment of the General Assembly, apportion the amount required 
of their churches as they deem best. 

3. That the churches be instructed to pay over their respective appor- 
tionments at the stated meeting of their Presbyteries next preceding the 
meeting of the General Assembly — the whole amount due from the Pres- 
bytery to be forwarded to the Assembly by their commissioners. 

4. That, as early as the fourth day of the sessions of the Assembly, 
the apportionment of each Presbytery be paid in full, and a bill of the 
necessary traveling expenses of its commissioners be presented to the 
Standing Committee on Mileage. — N. B. It is understood that commis- 
sioners, both in coming to and returning from the Assembly, will avail 
themselves of any commutation of fares that may be offered in season ; 
and that in other cases they are to take, when practicable, the most econ- 
omical route; no allowance to be made for extra accommodations on the 
way. Also, that no one will charge for return expenses unless he intends 
to go back to his field of labor ; and that no one on a business tour, or 
excursion of pleasure, will make a convenience of the meeting of the 
Assembly and expect payment of his traveling expenses from the Mile- 
age Fund. Also, that commissioners, as soon after their arrival as 
practicable, are to report themselves to the Committee of Arrangements, 
and have their respective places of abode assigned them. 

5. That the Mileage Committee, after appropriating from the whole 
sum an amount sufficient to meet the estimated contingent expenses of 
the Assembly, be instructed to audit these bills and that the Stated Clerk 
pay them pro rata (if found in accordance with the preceding regula- 
tions), as far as the funds will permit. 

6. That, in order to avail themselves of the proceeds of this fund, the 
Presbyteries must contribute their full proportion to it according to the 
per capita rate. 

7. That every minister, and every vacant church contributing to this 
fund, connected with the Presbyteries thus complying with the provis- 
ions of this plan, be entitled to a copy of the annual Minutes of the 
General Assembly. 

8. That the comissioners from Presbyteries in foreign lands receive their 
necessary traveling expenses, pro rata, from their place of residence in 
this country.— 1870, pp. 59, 60; 1897, p. 130. 

In accordance with this system, every Presbytery is requested to pay 



600 FORM OF GOVERNMENT, CHAP. XXII. 

in full, next year, to the Stated Clerk of the General Assembly, a sum 
equal to (four)* cents for mileage, and (one and one-half) cents for contin- 
gent expenses, or in all (five and one-half) cents for every communicant 
under the care of their churches, as determined by their statistical report 
herewith printed. This will entitle their commissioners to a full share 
in the apportionment for necessary traveling expenses. It is expected 
that these expenses will be fully met, if the Presbyteries comply with the 
recommendations of the Assembly. — 1895, p. 324; 1897, p. 300. 
They are expected, also, to provide for an 

b. Entertainment Fund. 

In addition to the Mileage Fund, the Assembly of 1877 made pro- 
vision for a " Supplemental Contingent Expense Fund," to "be used 
for the purpose of meeting the expense of entertaining such commis- 
sioners as are not otherwise provided for. ' ' Each Presbytery is requested 
to contribute to this fund a sum equal at least to one and one -half cents 
per church member, and to forward it, with the Mileage Fund, to the 
Stated Clerk of the Assembly. It is to be disbursed by the Committee 
of Arrangements, whose bills for entertainment the Stated Clerk, as 
Treasurer, is authorized to pay, after they have been approved by an 
Auditing Committee. —1895, p. 325; 1897, p. 301. 

C. When the apportionment should be forwarded to the Stated Clerk, 

Resolved, That the Presbyteries be urged to forward the amounts of 
their apportionments to the Stated Clerk, at least two weeks prior to the 
meeting of the General Assembly. — 1895, p. 126. 

3. None of the Church judicatories have power to assess a tax 
upon the churches. 

The Committee on Reduced Representation, to whom were referred 
certain resolutions in reference to the Mileage and Contingent Funds of 
the General Assembly, reported as follows : 

In the judgment of the Committee, the position taken in the resolu- 
tions is the constitutional one. None of our Church courts are clothed 
with the power to assess a tax upon the churches. Apportionments to 
meet the expenses of the several bodies may be made; but the payment 
depends upon that voluntary liberality which flows from the enlightened 
consciences of the people, who may be confidently relied upon to return 
whatever is necessary for the conduct of our ecclesiastical business. The 
Committee regret while they appreciate the state of affairs which has led 
so many Presbyteries to announce their conditional purpose hereafter to 
withhold their proportion from the Mileage Fund of this body. That 
Fund has done so much to secure the representation of all parts of the 
denomination in its supreme court, that it would be a calamity to have 
it destroyed. The Committee express the hope that the current year 
will end the embarrassment which now surrounds the fund, and has led 
to the purposed withdrawal of Presbyterial aid; and that, this removed, 
the Presbyteries will continue to receive from their churches, and forward 
to the treasurer of the General Assembly, the full amount of the per 
capita communicant apportionment. 

Under the influence of this view of the subject, the Committee report 

* [Note.— The amount of the apportionment for Mileage, etc., varies from time to 
time.] 



OF AMENDMENTS. 601 

back the resolutions referred to them, and recommend the Assembly to 
adopt them as follows: 

Whereas, Our Form of Government, Chap, xxii, Sec. ii, makes it 
proper for each Presbytery to pay the expenses of their own commis- 
sioners in their attendance upon the General Assembly: if any Presby- 
tery shall choose to do so, the Assembly cannot require them to contribute 
to the General Fund. Nevertheless, it is hereby 

Resolved, 1. That each Presbytery is hereby earnestly requested to 
contribute annually its full proportion for the commissioners and Con- 
tingent Funds of the General Assembly. 

Resolved, 2. That any law or resolution or action of previous Assem- 
blies, contrary to, or inconsistent with the above declaration and resolu- 
tions, be, and the same hereby is repealed. 

The report was adopted. — 1878, pp. 67, 68. 

4. Stated Clerk authorized to pay additional bills. 
That the Stated Clerk, as Treasurer of the Assembly, be authorized at 
his discretion to pay commissioners for any further sums that may be 
considered justly due them, by reason of their having underestimated 
railroad charges, etc.— 1897, p. 137; also 1887, p. 132. 

5. Power of the Assembly over these funds. 

a. Overture from the Presbytery of Philadelphia Central, asking the 
Assembly that the " Surplus Mileage Fund, if the way be clear, be 
devoted to the payment of the indebtedness of the Boards of the 
Church." 

The Committee recommend for answer, that the Assembly has no 
power to devote the funds collected for the expenses of the Assembly to 
other purposes. — 1891, p. 107. 

b. Overtures, from the Presbyteries of Carlisle, Detroit and Santa 
Fe, each making the same request, namely, that the surplus now in the 
hands of the Stated Clerk as Treasurer of the General Assembly, derived 
from Presbyterial apportionments, be at once appropriated toward paying 
the debts of the Boards of the Church. 

Your Committee direct attention to the ruling of the General Assembly 
of 1891 {Minutes, p. 107) that the Assembly " has no power to devote 
the funds collected for the expenses of the Assembly to any other pur- 
pose," and recommend that said overtures be answered in the negative. 
—1896, p. 118. 



CHAPTER XXIII. 
OF AMENDMENTS. 



I. Amendments or alterations of the Form of Government, Book of 
Discipline and Directory for Worship may be proposed by the General 
Assembly to the Presbyteries, but shall not be obligatory on the Church 
unless a majority of all the Presbyteries approve thereof in writing. 

II. Amendments or alterations of the Confession of Faith, and the 
Larger and Shorter Catechisms, may be proposed to the Presbyteries by 
the General Assembly, but shall not be obligatory on the Church unless 



602 FOKM OF GOVERNMENT, CHAP. XXIII. 

they shall be approved in writing by two-thirds of all the Presbyteries, 
and agreed to and enacted by the General Assembly next ensuing, and 
the written votes of the Presbyteries shall be returned to that Assembly. 

III. Before any amendments or alterations of the Confession of Faith, 
or the Larger and Shorter Catechisms, proposed by the General Assembly, 
shall be transmitted to the Presbyteries, the General Assembly shall 
appoint — to consider the subject — a committee of ministers and ruling 
elders, in number not less than fifteen, of whom not more than two 
shall be from any one Synod, and the committee shall report its recom- 
mendations to the General Assembly next ensuing, for action. 

IV. No alterations of the provisions contained in this chapter for 
amending or altering the Confession of Faith, and the Larger and Shorter 
Catechisms, or of this fourth section, shall be made, unless an Overture 
from the General Assembly, submitting the proposed alterations, shall be 
transmitted to all the Presbyteries, and be approved in writing by two- 
thirds of their number, and be agreed to and enacted by the General 
Assembly. 

V. It shall be obligatory on the General Assembly to transmit to the 
Presbyteries, for approval or disapproval, any Overture respecting 
amendments or alterations provided for in this chapter, which shall be 
submitted to the same General Assembly by one -third of all the Presby- 
teries. In such cases the Overture shall be formulated and transmitted 
by the General Assembly receiving the same to the Presbyteries for their 
action, subject, as to all subsequent proceedings, to the provisions of the 
foregoing sections. 

VI. Whenever it shall appear to the General Assembly that any pro- 
posed amendments or alterations of the Form of Government, Book of 
Discipline and Directory for Worship, shall have received a majority 
vote of all the Presbyteries, the General Assembly shall declare such 
amendments or alterations to have been adopted, and the same shall 
immediately go into effect. 

VII. Nothing in this chapter shall be so construed as to affect the 
right of two- thirds of the Presbyteries to propose amendments or altera- 
tions of the Confession of Faith, and the Larger and Shorter Catechisms, 
or of the General Assembly to agree to and enact the same. 

[Note.— Adopted, 1891.] 

1. Duty of the Stated Clerk in reference to answers to overtures. 
Committee of Canvass and action of the Assembly. 

Resolved, That it shall be the duty of the Stated Clerk to present to 
the General Assembly next ensuing any Assembly which has sent down 
an overture, the written answers to said overture which may have been 
received by him from the Presbyteries. And thereupon, such statement 
from the Clerk, together with the written answers to said overture, shall 
be referred by the Assembly to a Committee of Canvass, to be composed 
of three ministers and two elders, commissioners to said Assembly. 



OF AMENDMENTS. 603 

And, upon the report of such Committee, that after canvassing the 
written answers of the Presbyteries to any overture or overtures, amend- 
ing or altering the Form of Government, the Book of Discipline, or the 
Directory for Worship, it appears that it has been approved in writing 
by a majority of the Presbyteries, the General Assembly shall by resolu- 
tion declare such amendment or alteration to have been adopted, as a 
part of the Form of Government, Book of Discipline or Directory for 
Worship (as the case may be) of the Presbyterian Church in the United 
States of America. 

And further, upon the report of such Committee, that after canvassing 
the written answers of the Presbyteries to any overture proposing to 
amend or alter the Confession of Faith or the Larger or Shorter Cate- 
chism, it appears that it has been approved in writing by two-thirds of 
the Presbyteries, the General Assembly shall proceed to take such action 
concerning said proposed amendment or alteration as may seem expedient 
— under Sec. iv of said Chap, xxiii of the Form of Government, con- 
cerning Amendments — which requires said amendment or alteration to 
be agreed to and enacted by the General Assembly, before it becomes a 
part of the Confession of Faith, or the Larger or Shorter Catechism of 
the Presbyterian Church in the United States of America. — 1891, 
p. 142. 



604 BOOK OF DISCIPLINE, CHAP. I. 

PART IV. 

THE BOOK OF DISCIPLINE. 

Adopted 1884. Amended 1885—1894. 

|_Note. — The present Book of Discipline was prepared by a Committee consisting of: 
Mirtist ers— Elijah R. Craven, D.D., Edwin F. Hatfield, D.D., Alexander T. McGill, 
D.D., LL.D., William E. Moore, D.D., Nathaniel West, D.D., Robert W. Patterson, 
D.D., Francis L. Patton, D.D., LL.D.; Elders— Hon. William Strong, LL.D., Hon. 
Joseph Allison, LL.D., Hon. Samuel M. Breckinridge, LL.D., Hon. Samuel M. 
Moore, LL.D., and Hon. John T. Nixon, LL.D. The revised book was submitted to 
the Assembly of 1883, sent down in that year to the Presbyteries, whose vote was 131 
in the affirmative and 36 in the negative, and was declared adopted by the Assembly 
of 1884. See for the history of the undertaking, Moore's Digest, 1886, pp. 575-582. 

See, for Amendments to the Book of Discipline, p. 13 of this Digest.] 

CHAPTER I. 
OF DISCIPLINE: ITS NATURE, ENDS, AND SUBJECTS. 

1. Discipline is the exercise of that authority, and the application of 
that system of laws, which the Lord Jesus Christ has appointed in his 
Church : embracing the care and control, maintained by the Church, 
over its members, officers, and judicatories. 

II. The ends of Discipline are the maintenance of the truth, the vin- 
dication of the authority and honor of Christ, the removal of offences, 
the promotion of the purity and edification of the Church, and the spir- 
itual good of offenders. Its exercise, in such a manner as to secure its 
appropriate ends, requires much prudence and discretion. Judicatories, 
therefore, should take into consideration all the circumstances which 
may give a different character to conduct, and render it more or less 
offensive ; and which may require different action, in similar cases, at 
different times, for the attainment of the same ends. 

1. Prompt discipline best fitted to secure a happy issue. 
It is further the opinion of the Assembly that had the improper con- 
duct of the appellant been made a subject of discipline at an earlier 
period, a more happy issue might have been reached. The Assembly 
formally and affectionately urges on the appellant a submission to the 
sentence of his brethren and a speedy return to the path of duty and 
privilege.— 1859, p. 547, O. S. 

2. The censure must be proportionate to the offence. Sentence 

reversed where the censure was too severe. 

a. The Assembly proceeded to consider the appeal of Mr. Jabez Spicer 
from the decision of the Synod of Geneva, by which Mr. Spicer had 
been deposed from the Gospel ministry. The documents on the subject 
were read, and the parties were heard. It was 

Resolved, That the appeal of Mr. Spicer be sustained, on the ground 



ITS NATURE, ENDS, AND SUBJECTS. 605 

that the sentence pronounced upon him was disproportioned to his crime, 
it not appearing substantiated that he was guilty of more than a single 
act of prevarication; while, therefore, the Assembly express their entire 
disapprobation of, the conduct of Mr. Spicer, as unbecoming a Christian 
and Christian minister, they reverse the sentence of deposition passed 
upon him by the Presbytery, and direct that after suitable admonitions 
and acknowledgments he be restored to the ministerial office. — 1821, 
p. 24. 

b. The discussion of the motion to reverse a decision of the Presby- 
tery of Lexington, by which decision Mr. George Bourne was deposed 
from the Gospel ministry, was resumed. This motion was determined in 
the affirmative, and is as follows, viz. : 

The Assembly judge that the charges in the case of Mr. Bourne were 
not fully substantiated, and that, if they had been, the sentence was 
too severe. Therefore, 

Resolved, That the sentence of the Presbytery of Lexington, deposing 
Mr. Bourne, be reversed, and it is hereby reversed, and that the Pres- 
bytery commence the trial anew. — 1817, p. 646. 

C. The Assembly sustain the appeal of David Price from the decision 
of the Synod of Geneva, on the ground that the charge of intoxication 
was not sufficiently supported by the testimony; although it does appear, 
principally from his own confession, that he had made, an unbecoming 
use of ardent spirits, and that an admonition was, in the view of the 
Assembly, deserved, and would have been sufficient. — 1825, p. 155. 

d. There seems to have. been, in the proceedings of the Session, too 
much precipitation and absoluteness, and too little of that calm and prac- 
tical vindication of their own dignity, which mildness and forbearance, 
in the spirit of our Master, are largely necessary to inspire ; and this es- 
pecially in reference to the sentence they pronounced. 

The Assembly therefore decide in the premises, that the sentence of the 
Session, suspending the appellant be, and it hereby is reversed, as also 
the decision of the Presbytery confirming that of the Session. — 1839, 
reprint, p. 64, N. S. 

e. Resolved, That the decision of the Synod of Cincinnati, reversing 
the action of the Presbytery and Session, upon the second charge, be 
sustained in part, on the ground that the suspension of the parties accused 
was too severe in the case, and that the Session be recommended to 
revoke the suspension and admonish the parties. — 1865, p. 550, O. S. 

[Note. — See for Complaint of Session of the Seventh Presbyterian Church, Cincin- 
nati, Minutes, 1865, p, 538, 0. S.] 

3. The decisions of the civil courts not conclusive in the judicato- 
tories of the Church. Every member of the Presbyterian Church 
entitled to a fair trial according to the methods of his church, 
before condemnation. 

Overture from the Presbytery of Washington City, asking the Assem- 
bly to enact that : 

Any minister or member of the Church, convicted in the civil courts 
of an offence, recognized as such by the Standards of our Church, may, 
without further process, be suspended from all the privileges and offices 
of the Church until the judicatories of the Church having jurisdiction in 
the case shall, after due investigation, be satisfied of his innocence or 
repentance. 



606 BOOK OF DISCIPLINE, SECT. 1-3. 

The Committee recommend that, while admitting that some possible 
cases may occur, in which nothing else can be done, but that which is 
here asked, the overture be answered in the negative, because: 

1. The subject-matter of the overture involves a constitutional 
change, which must needs be overtured to the Presbyteries, which it is 
not now desirable to do. 

2. The processes of civil courts differ so much from those of our 
Church judicatories, and their decisions are not so infallible, that our 
Church judicatories can adopt them without investigation. 

3. It is the sacred right of every member of the Presbyterian Church, 
to have a full and fair trial, according to the laws and methods of his 
church, before condemnation. Adopted. — 1885, pp. 602, 603. 

4. Great tenderness enjoined. 

Whereas, It has appeared on the trial of Judicial Cases 1 and 2 that 
full testimony was given, as well in this court as in the trial in the 
courts below, to the exemplary Christian character of the appellants in 
these cases respectively; and, 

Whereas, The offence which has subjected said appellants to the disci- 
pline of the Church has arisen from a conscience misled by erroneous 
views of their duty; therefore, 

Resolved, That it be recommended to the Session of the church of 
Caledonia to deal with these brethren with the utmost tenderness and 
Christian affection, that they may be led to see their errors and return 
to their duty, and that they may be restored to the fellowship of the 
Church, from which they have been too long separated. — 1859, p. 548, 
O. S. 

III. An offence is anything, in the doctrine, principles, or practice of 
a church member, officer, or judicatory, which is contrary to the Word 
of God; or which, if it be not in its own nature sinful, may tempt others 
to sin, or mar their spiritual edification. 

[Note.— See Larger Catechism, Questions 104-151, and this Digest, pp. 632-634. For 
decisions and deliverances on doctrine, see Confession of Faith, Chaps, i, ii, iii, iv, vi, x, 
p. 45, seq. and Book of Discipline, Chap, i, Sec. iv, p. 631.] 

I. DOCTRINE. 

[Note. — See this Digest,, p. 115.] 

II. MORALS. 

1. Breach of Sabbath observance. 

While, therefore, we earnestly entreat our fellow- citizens of every class 
to * ' remember the Sabbath day to keep it holy, ' ' the Assembly do here- 
by in a special manner enjoin it upon the church Sessions to watch over 
their brethren with tenderness and great fidelity in respect to the observ- 
ance of the Sabbath, and to exercise wholesome discipline on those who 
by traveling or other ways presume to trample upon this sacred institu- 
tion; and we further enjoin it upon the Presbyteries annually to institute 
inquiries of the eldership as to the manner in which this injunction has 
been attended to in their respective churches. — 1853, p. 323, N. S. 

[Note. — See deliverances upon the Sabbath at large, under Directory for Worship, 
Chap, i, p. 808. Also, under Confession of Faith, Chap, xxi, p. 89.] 



NATURE, ENDS, AND SUBJECTS. 607 

2. Theatrical exhibitions, and dancing condemned. 

a. On the fashionable, though, as we believe, dangerous, amusements 
of theatrical exhibitions and dancing we deem it necessary to make a 
few observations. The theatre we have always considered as a school 
of immorality. If any person wishes for honest conviction on this sub- 
ject, let him attend to the character of that mass of matter which is 
generally exhibited on the stage. We believe all will agree that come- 
dies at least, with a few exceptions, are of such a description that a virtu- 
ous and modest person cannot attend the representation of them without 
the most painful and embarrassing sensations. If, indeed, custom has 
familiarized the scene, and these painful sensations are no longer felt, it 
only proves that the person in question has lost some of the best sensibili- 
ties of our nature, that the strongest safeguard of virtue has been taken 
down, and that the moral character has undergone a serious depreciation. 
—1818, p. 690. 

b. With respect to dancing, we think it necessary to observe that, 
however plausible it may appear to some, it is perhaps not the less dan- 
gerous on account of that plausibility. It is not from those things which 
the world acknowledges to be most wrong that the greatest danger is to 
be apprehended to religion, especially as it relates to the young. When 
the practice is carried to its highest extremes, all admit the consequences 
to be fatal ; and why not, then, apprehend danger even from its incipient 
stages ? It is certainly in all its stages a fascinating and an infatuating 
practice. Let it once be introduced, and it is difficult to give it limits. 
It steals away our precious time, dissipates religious impressions and 
hardens the heart. To guard you, beloved brethren, against its wiles 
and its fascinations, we earnestly recommend that you will consult that 
sobriety which the sacred pages require. We also trust that you will 
attend with the meekness and docility becoming the Christian character, 
to the admonitions on this subject of those whom you have chosen to 
watch for your souls. And now, beloved brethren, that you may be 
guarded from the dangers we have pointed out, and from all other 
dangers which beset the path of life and obstruct our common salvation, 
and that the great Head of the Church may have you in his holy keep- 
ing, is our sincere and affectionate prayer. Amen. — 1818, p. 690. 

C. Promiscuous dancing calls for faithful and judicious discipline. 

Resolved, That the fashionable amusement of promiscuous dancing is 
so entirely unscriptural and eminently and exclusively that of " the 
world which lieth in wickedness," and so wholly inconsistent with the 
spirit of Christ, and with that propriety of Christian deportment and 
that purity of heart which his followers are bound to maintain, as to 
render it not only improper and injurious for professing Christians either 
to partake in it, or to qualify their children for it by teaching them the 
art ; but also to call for the faithful and judicious exercise of discipline 
on the part of church Sessions when any of the members of their 
churches have been guilty. — 1843, p. 14, N. S. ; reaffirmed, 1853, p. 
340, N. S, ; also 1867, p. 513, N. S. ; 1876, p. 27. 



608 BOOK OF DISCIPLINE, SECT. 3. 

d. Social dances and private theatricals. 
An overture from the Presbytery of Cincinnati, proposing the follow- 
ing questions, viz. : 

1. Are social dances and private theatricals included under the head 
of " dancing and stage plays," mentioned in the Larger Catechism, 
amongst " the sins forbidden in the seventh commandment ?" 

2. Is it the duty of the church Sessions to exercise discipline upon 
those members of the Church who send their children to dancing schools, 
or who give and attend dancing parties ? and if so, ought such discipline 
to be carried to the extent of exclusion from the sacraments, where other 
means fail of producing reformation ? 

The Committee recommended the following reply, which was adopted : 

To the first question: 

That whilst the pleasures of 'the ballroom and the theatre are primarily 
intended by the " dancing and stage plays " forbidden in the answer to 
the 139th question in the Larger Catechism, the spirit of the prohibition 
extends to all kindred amusements which are calculated to awaken 
thoughts and feelings inconsistent with the seventh commandment, as 
explained by the Saviour in Matt. v. 27, 28.— 1860, p. 21, O. S. ; con- 
firmed, 1891, p. 155. 

[Note.— The Catechism reads, "lascivious songs, books, pictures, dancingp.stage- 
plays." See p. 634.] 

e. Promiscuous social dancing, and dancing schools. 
To the second question : 

1. That whilst we regard the practice of promiscuous social dancing 
by members of the Church as a mournful inconsistency, and the giving of 
parties for such dancing on the part of the heads of Christian families 
as tending to compromise their religious profession, and the sending of 
children by Christian parents to the dancing school as a sad error in 
family discipline ; yet we think that the Session of each church is fully 
competent to decide when discipline is necessary, and the extent to which 
it should be administered.— 1860, p. 21, O. S. ; 1891, p. 155. 

2. Overture on a Presbytery's approving the minutes of a Session pro- 
hibiting dancing, from the Presbytery of Portsmouth. The Committee 
recommend the following answer: The Presbytery of Portsmouth is 
referred to the action of the General Assembly (Moore's Digest, 1886, 
p. 587) on the subject of dancing, which action, while disapproving of 
the practice of promiscuous dancing, yet leaves the whole subject of 
dancing to the Sessions of our churches. While the power of disciplin- 
ing for dancing is thus clearly in the hands of the Session, yet it was not 
the intention of the Assembly to authorize the Sessions of our churches 
to enact laws, which may be construed as creating new and unscriptural 
conditions of church membership, and we would recommend the Presby- 
tery so to advise the Session of the church referred to in the overture. — 
1895, p. 106. (See 1 above,) 

f. Deliverances c, d, and e confirmed. 
Overtures from the Presbyteries of Clarion, Dayton, Erie, Redstone 
and Chenango, asking for some further deliverance on the subject of 
promiscuous dancing, in order that a felt and growing evil may be checked 
among the membership of our churches. In reply to Overtures 5 to 9 
inclusive, on the subject of promiscuous dancing, the Committee recom- 
mend the following : 



NATURE, ENDS, AND SUBJECTS. 609 

The overtures of previous Assemblies of both brauches of the Church, 
ou the subject of promiscuous dancing, are agreed in deploring the prac- 
tice as a mournful inconsistency, and as regarding the giving of parties 
for such dancing by the heads of Christian families, as involving a com- 
promise of their religious profession. These deliverances are also 
agreed, in declaring that the Session of each church is fully competent to 
decide upon what discipline is necessary, and to what extent it should be 
administered. 

This General Assembly, therefore, reaffirms these deliverances of the 
Assemblies of both branches of the Church (see, especially, N. S., 1843, 
p. 14, and O. S., 1860, p. 21, as recorded in Digest, 1873, pp. 476, 
477) ; and, further, counsels church Sessions to arrest this evil, so far as 
practicable, by wisely guiding the enthusiasm and activity of the younger 
members of their churches, by both precept and example, into the many 
forms of useful service now providentially presented to all who delight to 
serve and honor Christ. — 1876, p. 27. 

g. Theatres, and card-playing. 

In regard to so much of the above overture as refers to ' ' theatres and 
theatre-going," this Assembly reaffirms the action of the General Assem- 
bly of 1818 (see Minutes, p. 690, and new Digest, Moore, 1861, pp. 262, 
263). In this action the Assembly declared the theatre to be " a school 
of immorality." This Assembly, seeing no occasion to modify the 
utterance then given, earnestly exhorts all the members of the Church 
in their practice to avoid, and by their influence to discountenance, all 
such ' ' dangerous ' ' amusements, as being inconsistent with the spirit of 
the Gospel, and detrimental to the best interests of piety in the heart. 

In respect to "the custom of fashionable card-playing," referred to 
by the memorialists, and represented as being " countenanced in many 
of our Christian households, ' ' and also ' ' participated in by members of 
our churches, ' ' this Assembly would affectionately exhort all the members 
of the Presbyterian Church to practice the most careful watchfulness in 
avoiding all recreations and amusements, whether in the form specified in 
the memorial or otherwise, which are calculated to impair spirituality, 
lessen Christian influence or bring discredit upon their profession as 
members of the Church of Christ. — 1865, p. 45, 1ST. S. 

3. Popular amusements in general. 

A paper reported by the Committee on Bills and Overtures on the 
subject of the opera, the theatre, the dance and card-playing, was 
referred to a Committee, consisting of the Rev. Herrick Johnson, D.D., 
Rev. William E. Moore and Mr. Alexander Whilldin, to report at the 
adjourned meeting. 

The Special Committee to whom was referred a paper on the subject of 
amusements presented their report, which was adopted, and is as follows: 

The question of popular amusements is one that cannot be settled by 
statute. It has to do with the spirit and the life of Christianity rather 
than with the letter of its law. Hence the impossibility of specific enact- 
ment. But the very fact of its near and vital connection with spiritual 
life justifies and demands for it a thoughtful consideration. 

What Scriptural guidance have we in the matter ? What posture 
ought the Church to assume toward so-called popular amusements ? A 
sweeping condemnation of them would be a sweeping folly. To say of 
39 



610 BOOK OF DISCIPLINE, SECT. 3. 

them all that they are inherently and positively sinful is simply to say 
what is not true. And to protest against suitable recreation would be to 
protest against a mental and moral necessity. A long-visaged and 
sombre-hued piety is not after the order of the Gospel. That makes 
recognition of the laugh, the joy of life; has no frown for the play-side 
of our nature, bids us serve the Lord with gladness. Nowhere so much 
as in the heart of God's people should joy have her home and go rippling 
out in the channels of deed and speech. 

But what is suitable Christian recreation ? We are without a specific 
' ' Thus saith the Lord ' ' for each specific form of pleasure. But this is 
by no means to acknowledge that we are without Scriptural guidance. 
The spirit is broader and deeper than the letter. There are general prin- 
ciples whose profound and subtle reach makes it impossible that they 
should be framed by a law. Those that bear on this question of popular 
amusements are three : 

I. The first general principle has respect to the relation which Chris- 
tians sustain to each other. It is discussed in Rom. xiv and in 1 Cor. 
viii. Christian liberty in things indifferent is there distinctly recognized, 
but it is bounded and limited by a higher law. We must not abuse our 
liberty to the offence of our brethren. We must bridle our knowledge 
with charity. We are bidden to beware how we tamper with the sancti- 
ties of a brother's conscience, and to beware how we trifle with the 
necessities of a brother's weakness. The law of conscience and the law 
of love are far more sacred and more precious and more to be regarded 
than the law of liberty. To the child of God they ought to be always 
paramount. To assert independence at the expense of wounding a 
brother's conscience is "to sin against Christ." " It is good neither to 
eat flesh, nor to drink wine, nor anything whereby thy brother stum- 
bleth." Of course, a merely personal, puerile, wretched scrupulosity is 
not to be foisted upon the Church for its government. But amusements 
whose tendencies are inherently and almost inevitably to excess, where 
the weak and the unstable may stumble and perish, and against which 
there is a general Christian conscience, are decisively condemned by this 
plain Word of God. 

II. The second general principle has respect to the relation which 
Christians sustain to the world. It is negative and summed up in this: 

" Be not conformed to this world." It is a relation of non-conformity. 
Christians are to be unlike the world, and distinguishable from it. This 
idea of separateness runs through all the warp and woof of Scripture. 
And it clearly does not imply a separation from the grossly evil of the 
world. This is specifically and positively commanded. Christians are 
pledged and sworn to obedience by their very profession. The separation 
involved in non-conformity is from worldliness — from the wordly spirit. 
It is a demand that the whole tone and bent and current and spirit of 
the Christian life shall be different from that of the worldly life — so 
different that it shall be manifest to the world that the people of God are 
pilgrims and strangers on the earth ; that they are walking with God ; 
that they are a peculiar people, called out of the world while still remain- 
ing in it; God's witnesses; living epistles; the salt of the earth; distinc- 
tive, chosen, set apart, recognizable everywhere as having been with 
Jesus, and as holy in all manner of conversation. Let Christians apply 
to their lives this one central, prominent, Gospel idea of non-conformity, 
let them press it on all their conduct until they give unmistakable exhi- 



NATURE, ENDS, AND SUBJECTS. 611 

Dition of the spirit of these unmistakable words of Christ and the apos- 
tles, and it will go very far to settle this whole question of rational or 
irrational amusements. 

III. The third general principle has respect to the relation which 
Christians sustain to Christ. It is positive, and summed up in this: 
*' Whatsoever ye do, in word or deed, do all in the name of the Lord 
Jesus." Broad, comprehensive, universal in its applicability, yet most 
specific, after all, in its fundamental conditions — ' ' Whatsoever ye do. ' ' 
In another place, applied to the every-day necessity and act of our life — 
eating and drinking; applicable, therefore, to our recreations. It is 
Scriptural condemnation of every form of social diversion in which a 
Christian cannot indulge ' ' in the name of the Lord Jesus. " It is 
divine indorsement of whatever is done by a child of God, into which 
he may go, and out of which he may come, and through the progress of 
which he may continue, without there being one moment when it would 
be in any way inconsistent for him to ask his Lord's approval of him 
there, and of what he is doing, and witnessing and countenancing and 
supporting. 

Let this principle be honestly and conscientiously applied. It will 
settle many a doubt. It will condemn many a popular amusement. It 
bars out every indulgence that cannot be had in consistent and loving 
remembrance of our Lord. Amusements that undermine the health and 
waste vitality ; amusements by which the weak and lame are so often 
turned out of the way only to stumble and perish; amusements that 
make it appear as if God's children were as eager after and intent upon 
the gayeties and festivities of the world as the children of the world 
themselves ; amusements making it essential for Christians to take posi- 
tions that ought to bring, if they do not bring, the blood to their faces ; 
amusements that compel Christians to witness scenes, and to hear quips 
and jests, soiling their spirits with suggested unci eanness — these all, and 
all like these, are branded with condemnation by this divine precept. No 
true disciple of Christ can give himself to such amusements " in the 
name of the Lord Jesus." 

We close as we began. This whole question must be taken out of the 
domain of abstract casuistry. It is not so much a question of absolute 
right and wrong as of conscience and charity. The spirit of our life is 
far more important than the letter of our law. The rule of love is 
higher than the law of liberty. Christianity antagonizes worldliness, it 
does not conform to it. The Church should deal with it not so much by 
the axe of discipline as by the sword of the Spirit. Yet, without a 
doubt, the very law of love may sometimes require a kind, considerate, 
thoughtful exercise of the disciplinary power of the Church. But our 
chief appeal must be to the conscience. Our main reliance must be on 
the spirit and the life demanded by a whole-hearted surrender and com- 
mitment to the Lord Jesus. Those who are constrained by the love of 
Christ can scarcely allow themselves indulgence in any business or recrea- 
tion, any work or play, into which and through which and out of which 
they cannot consistently go, with ever-present and affectionate remem- 
brance of Him " who gave himself for us, that he might redeem us from 
all iniquity, and purify unto himself a peculiar people, zealous of good 
works."— 1869, pp. 487-489, N. S.; confirmed, 1891, p. 155. 



612 BOOK OF DISCIPLINE, SECT. 3. 

4. Card-playing and games of chance. The dance and the theatre. 
Progressive euchre. 

a. The Special Committee on Certain Forms of Worldly Amusements, 
presented its report, which had been recommitted to it. 

The report was received, amended, adopted, and is as follows: 

The Committee appear before you under the following action reported 
from the Committee on Bills and Overtures, and adopted by the 
Assembly : 

" To report a paper for adoption by this Assembly, which shall 
reaffirm the deliverances of former Assemblies, adding what is needed 
for our times, and call upon the Church, by means of thoughtful and 
godly living in its members, and through its pulpits and church Sessions, 
to do all that can be Scripturally done to free the Church from the evils 
flowing from these practices." 

If this world is to be conquered for Christ, His servants must perceive 
and dislodge the enemy wherever found. They should not see evil where 
there is no evil, nor should they call that good which is really evil, 
judged in itself, or by its fruits. Fortunately for the Church, the Mas- 
ter has said, " By their fruits ye shall know them." We do not there- 
fore concern ourselves, for example, with dancing or theatre-going in 
themselves considered; or with the impersonation of character, or the 
mimic representation of any proper subject without evil accessories, but 
we are concerned with the dance, or the theatre, or card-playing as insti- 
tutions, world-wide, very ancient, and, with human nature what it is, too 
often injuriously fascinating. It is with their actual obstruction to the 
Gospel, as intelligently perceived, that we have to deal. 

In reference to card-playing and all games of chance, the Committee 
respectfully raise the question, or perhaps it is not a question, whether 
they are not in themselves sinful ? and, as tending to the decision of that 
question, we submit the following reasoning, viz. : 

As a matter of fact or reality, there is no such thing as chance. In 
the place of what men call chance is the living God, omnipresent and 
omniscient. An appeal to God without serious cause is profane. Nor 
is this reasoning impaired by the suggestion sometimes made, that those 
who play at games of chance do not intend to be profane. Thus, 
an habitual swearer is not conscious of an intention to be profane, yet 
who shall say he is not, while oaths continue to drop from his lips ? 
Ignorance and thoughtlessness are the negative causes of his unconscious 
guilt. Are they not also in the other case ? 

The standard by which right and wrong are determined is the moral 
law of God. Whether a responsible creature's act is right or not is to 
be determined by his real relations to God in the act. His relation to 
God exists. He refers to the nonentity chance for decision, a matter 
which God only can and does determine. Hence his appeal proves to be 
an appeal to God, and an appeal to God without proper cause is profane. 
If this view carries with it serious consequences, we, on that account, 
all the more beg of the Assembly, and would of the whole Church, the 
most thoughtful and prayerful consideration of it; for, if true, it 
behooves all to acknowledge it and be guided by it. 

The Scriptures show that the lot involving the principle of chance is 
an ordinance of God. ' ' The lot is cast into the lap ; but the whole 
disposing thereof is of the Lord" (Prov. xvi. 33). Likewise our 
Standards show the same; and teach that the lot improperly used is 



NATURE, ENDS, AND SUBJECTS. 613 

sinful. See the answer to the 113th question of the Larger Catechism, 
where it is declared that among the sins forbidden in the third com- 
mandment are ' ' all sinful cursing, oaths, vows, and lots. ' ' 

.In reference to card-playing under the popular style of " progressive 
euchre," your Committee would fain hope the practice is diminishing in 
the centres of social influence — the larger cities. But whether this is so 
or not, it still exists to such extent as, if it be wrong, to do great harm. 
If the principle for which we have contended be true, that games of 
chance are necessarily sinful, that ought to settle the question for all who 
love God and seek to obey Him. Besides this, much as we could desire 
to say nothing which would unnecessarily shock or wound the feelings of 
any, your Committee fail to see how this practice does not combine in 
itself the essential elements of gambling. Our civil statutes and courts 
of law, for substance, define gambling to consist in playing at any game 
of chance for money, or anything else of value. That something of 
greater or less value is generally played for in this parlor style of card- 
playing is too well known to need any affirmation by this Committee. 
And civil courts have already decided it to be gambling. What a sub- 
ject for thought and humiliation it is, and an evidence that evil can 
stealthily creep into the Church, although the most glorious body on 
earth, that here is a practice indulged in by church members which, when 
brought into court, has been found to be under the ban of State law, 
which looks only to public policy. How then is the Church fulfilling 
her mission as the light of the world ? How can her people be the salt 
of the earth when the salt cannot be distinguished from the earth ? 

No General Assembly of our Church has made a deliverance touching 
card -playing in any form for the last fifteen years, nor upon theatre- 
going and dancing for twelve years. In view of these facts, and in view 
of the whole subject, involving the most weighty interests, your Commit- 
tee would recommend for adoption the following resolutions: 

1. That this General Assembly reaffirms the deliverances of past 
Assemblies on the subject of worldly amusements, calling attention to 
the excellent summary of Christian principles set forth in the action of 
the Assembly of 1879, and the resolution adopted by the Assembly 
on "the theatre and opera" (Digest, Moore, 1886, pp. 590, 591). 
Also to the action of the New School Assembly in 1869 on 
"the opera, the dance, the theatre and card-playing" (Digest, 
Moore, 1886, pp. 588, 590); and the action of the Old School Assem- 
bly of 1860, interpreting our Standards, in answer to an overture from 
the Presbytery of Cincinnati, to the effect, that social dances and private 
theatricals are included under the head of " dancing and stage-plays " 
mentioned in the Larger Catechism amongst the ' ' sins forbidden in the 
seventh commandment, ' ' and declaring church Sessions fully competent 
to decide when and how far discipline should be exercised (Digest, 
Moore, 1886, pp. 586). (See this Digest, pp. 613, (b) ; 609, (3); and 
608, (d). 

2. This General Assembly would affectionately call upon all the mem- 
bers of our Church, to so regard their obligations to Christ, as to see to 
it, that they take no part in amusements which they cannot take in His 
name.— 1891, pp. 153-155. 

b. The theatre and the opera. 

The Committee recommended the following resolution: 

A resolution in regard to the theatre and the opera referred to the 



614 BOOK OF DISCIPLINE,* SECT. 3. 

Committee by the Assembly. In reporting this resolution for adoption, 
your Committee think it wise to invite the attention of our churches to 
those grounds of Christian principles, so easily overlooked, on which the 
Assembly based their disapprobation of these forms of entertainment. 
They recommend that the following minute be recorded, with the intent 
that the pastors, at their discretion, may read it from their pulpits : 

The General Assembly affectionately request all the churches and 
church members under their care to weigh and make application of the 
following principles and considerations : 

1. Christian piety does not consist in any merely outward proprieties, 
but chiefly in those renewed and positive affections and principles which 
attend the life of Christ in the souls of His people. 

2. Yet, inasmuch as it is impossible for the Church to look directly, 
as God alone can, upon the affections and principles by which her mem- 
bers are controlled; and, inasmuch as a sense of common infirmity 
prompts all good men to judge charitably each other's characters, it 
comes to pass that the mere external propriety which avoids gross sin 
possesses with men a Christian currency and acceptableness which it can 
by no means have with Christ, who died for us that we might live unto 
Him. 

3. Since Christians are of necessity intimately associated with those 
who are not Christians, and since, especially in matters that are not 
covered by specific divine law, men's views of what is externally proper 
are so largely affected by the views and practices of the community about 
them, it further comes to pass that neither the Bible, nor the Church, nor 
the thoughtful consciences of Christians, but worldly usage, is allowed 
to define those limits of external propriety to which a Christian may 
reputably go. 

4. It is in this way that many forms of dangerous worldly indulgence 
come to be included as allowable elements of Christian living. No one 
would claim that the divine development of the life of Christ in the new 
heart of a Christian would, of itself, lead to entertainments whose prevail- 
ing influence over those who partake of them, and, signally, over many 
of those who provide them, is like that which the theatre and 
the opera are known to exert. Surely no Christian will maintain 
that his devotion to Christ binds him to use and encourage these forms of 
entertainment. At most, he defends them, and by the plea that they are 
not so wrong that, to love them, resort to them, and uphold them, dis- 
proves piety. 

The Assembly raise their affectionate warning against that whole princi- 
ple of living, which sets aside the sacred and inspiring responsibilities of 
a life wholly Christ's, in the interest of any gratifications, which are at 
the same time gratuitous and of harmful tendency. It is true, indeed, 
that men can find, or can make, temptations in forms of action which 
are of indispensable use; and that fact in no way forbids a Christian to 
share in such necessary acts. Thus the avarice of some men and the 
gluttony of others do not forbid Christians to use food or money. But 
when a form of action is uncommanded and entirely voluntary, being 
chosen only for the pleasure which it gives, it can claim no allowance 
from a loyal Christian conscience, unless it commend itself to the most 
enlightened and enlarged Christian love for Christ, for holiness and for 
the souls of men. 

In view of this simple, fundamental, and far-reaching principle, so 



NATURE, ENDS, AND SUBJECTS. 615 

frequently explained in the New Testament, the Assembly now appeal to 
all the pastors, Sessions, and church -members under their care, that they 
discourage, in all earnest and consistent ways, the resort of Christians 
and their families to the theatre and to the opera. 

It would be easy to enumerate with these many other forms of public 
and social amusement which, on account of their known practical ten- 
dency, are equally precluded by the same principle. But no list of such 
unwholesome gratifications could possibly be made complete. The 
Assembly, therefore, are not to be thought to be indorsing any worldly 
usage of which they now omit to speak; but they consider that there are 
special reasons for calling attention to those two forms of recreation which 
have been named. They are very prevalent and very seductive; they 
are notably unfriendly to personal spirituality, to the safe training of 
children and youth, to the just and predominant interest of the Church's 
members in the Church's own meetings for simple and unartistic prayer 
and praise, and to a healthy taste for the direct and spiritual exercises of 
public worship. In addition to this, they are publicly partaken of in 
the presence of a multitude, and therefore they exert such a power of 
misleading example as hardly belongs to any other form of worldliness. 
And, finally, they are very commonly excused by abstract pleas 
which overlook entirely their known and settled practical tendency. 
For these reasons the Assembly count it their duty to utter in regard 
to them a tender but explicit warning. The prayerful and considerate 
attention of pastors and people is accordingly called to the following 
resolution : 

Resolved, That, in view of the increased attendance of church mem- 
bers at the theatre and opera, the Assembly bear earnest and solemn 
testimony against this practice as inconsistent with Christian duty, since 
it not only gives countenance and support to an institution, justly 
described by a former Assembly as a school of immorality, but is in itself 
spiritually hurtful, and tends to obliterate the line which should always 
be plainly visible between the followers of Christ and the world. — 1879, 
pp. 625, 626; reaffirmed, 1891, p. 155. 

5. Gambling, lotteries, horse-racing, betting, etc. 
a. These sins to be denounced and avoided. 

The vice of gambling has also been forced upon our attention. We 
indeed hope that few, or perhaps none, of our actual professors have 
indulged themselves in the practice of what they consider as coming 
under the denomination of gambling. But perhaps there are some 
addicted to this practice who have evinced a predilection for our Church 
and forms of worship, and who are not unwilling to receive the word of 
admonition from us. Such we would earnestly exhort to consider in the 
most serious manner the consequences of the course they are pursuing, 
and the awful lessons which the experience of the world is every day 
exhibiting on this subject. But it is our duty further to testify that all 
encouragement of lotteries and purchasing of lottery tickets, all attend- 
ance on horse-racing and betting on such, or any other occasions, and 
all attempts of whatever kind to acquire gain without giving an equiva- 
lent, involve the gambling principle, and participate in the guilt which 
attaches to that vice. — 1818, p. 690. 



616 BOOK OF DISCIPLINE, SECT. 3. 

b. Lotteries to be discountenanced. 

The report of the Committee on the subject of lotteries, which was laid 
on the table, was taken up and adopted, and is as follows, viz. : 

That although so often sanctioned by legislative acts, although the 
proceeds of lotteries have not unfrequently been appropriated to benevo- 
lent and religious objects, although many wise and good men have, in 
periods past, by their participation or agency given countenance to 
lotteries, yet your Committee cannot view them in any other light than 
that of legalized gambling. 

It would require volumes to record all the evils resulting from this 
system of predatory speculation. It adds nothing to the wealth of the 
community. It too often takes from the uninformed poor the property 
obtained by labor and skill, and transfers the same without the least 
equivalent into the hands of the idle and unworthy. It thus becomes the 
means of introducing and extending habits of gambling in all forms. 
Hundreds of families yearly are reduced to dependence and beggary, and 
not unfrequently its deluded victims terminate their miserable existence 
in this world by suicide. 

Contemplating this multitude of evils to individuals, to families and 
to the community at large, your Committee beg leave to submit the 
following resolutions : 

Resolved, 1. That, in the opinion of this General Assembly, all lotteries 
should be discountenanced by every professed member of the Presbyterian 
Church as immoral in their nature and ruinous in their effects upon indi- 
vidual character and the public welfare. 

2. That the purchase and sale of lottery tickets should be avoided by 
every member of our Church, even when the professed object of the 
lottery may be praiseworthy, inasmuch as it is not allowable to do evil 
that good may come. 

3. That all the Presbyteries under the care of this General Assembly 
be, and they hereby are recommended to take order on the subject of lot- 
tery gambling, to press the consideration of it and its attendant evils upon 
ministers and Sessions, and to adopt such plans of operation as may free 
the Church from all participation in this sin, enlighten, arouse and 
direct public opinion, and save our country from this and every other 
species of gambling. — 1830, p. 306. 

[Note— See No. 4, p. 612 ; Minutes, 1891, pp. 153-155.] 

C. Circulation of lottery schemes through the mails. 

A petition having been referred to this Committee respecting the circu- 
lation through the mails of lottery schemes and immoral literature, the 
Committee recommend the following resolution: 

Resolved, That the General Assembly renew the expressions of the last 
Assembly, of sympathy with the efforts to suppress the circulation, in the 
mails and otherwise, of publications of this character. — 1880, p. 77. 

[Note.— See Minutes, 1879, p. 556 ; 1890, p. 37.] 

d. All games of chance discountenanced. 

In view of recent notorious attempts to force the lottery system upon 
some portions of our land by legislative enactments, the General Assem- 
bly does hereby reiterate in the most emphatic manner its condemnation 
of all lotteries as immoral in their nature and ruinous in their effects 



NATURE, ENDS, AND SUBJECTS. 617 

upon individual character and public welfare. The members of our 
Church are exhorted to discountenance all forms of resorting to chance 
even for professedly praiseworthy objects; inasmuch as it is not allowable 
to do evil that good may come. The Presbyteries under our care are 
also recommended, to press upon the consideration of ministers and 
Sessions the vicious influence of lotteries, and urge them to do what they 
can to arouse public conscience against this and every other species of 
gambling. — 1890, p. 37. 

6. Duelists excluded from church privileges. Ministers should not 
attend the funeral of a fallen duelist. 

The General Assembly having taken into serious consideration the 
unhappy prevalence of the practice of dueling in the United States, and 
being anxiously desirous to contribute what may be in their power, con- 
sistently with their character and situation, to discountenance and abolish 
this practice : 

Resolved unanimously, That they do, in the most unequivocal manner, 
declare their utter abhorrence of the practice of dueling and of all 
measures tending thereto, as originating from the malevolent dispositions 
of the human heart, and a false sense of honor, as a remnant of Gothic 
barbarism, as implying a presumptuous and highly criminal appeal to 
God as the sovereign Judge, as utterly inconsistent with every just prin- 
ciple of moral conduct, as a direct violation of the sixth commandment, 
and destructive of the peace and happiness of families ; and the Assembly 
do hereby recommend it to the ministers in their connection to discounte- 
nance, by all proper means in their power, this scandalous practice. 

Resolved also, That it be and it is hereby recommended to all the 
ministers under the care of the Assembly that they scrupulously refuse 
to attend the funeral of any person who shall have fallen in a duel, and 
that they admit no person who shall have fought a duel, given or 
accepted a challenge, or been accessory thereto, unto the distinguishing 
privileges of the Church, until he manifest a just sense of his guilt, and 
give satisfactory evidence of repentance. — 1805, p. 339. 

7. Slavery and slaveholding. 

Overture on selling a slave, a member of the Church. 

The following resolution was submitted to the Assembly, viz. : 

Resolved, That a person who shall sell as a slave a member of the 
Church, who shall be at the time of sale in good standing and unwilling 
to be sold, acts inconsistently with the spirit of Christianity, and ought 
to be debarred from the communion of the Church. 

After considerable discussion, the subject was committed to Dr. Green, 
Dr. Baxter and Mr. Burgess, to prepare a report to be adopted by the 
Assembly, embracing the object of the above resolution, and also 
expressing the opinion of the Assembly in general as to slavery. 

The report of the Committee being read, was unanimously adopted 
and referred to the same Committee for publication. — 1818, p. 692. 

[Note.— For the report in full, with references to the subsequent action of both 
Assemblies, see Moore's Digest, 1886, pp. 593-595.] 

8. On the lynching of Negroes. 
The following paper was adopted : 
Whereas, The practice of lynching Negroes is a frequent occurrence 



618 BOOK OF DISCIPLINE, SECT. 3. 

in the South, and is a great evil, inasmuch as it deprives the accused of 
the right of trial, which right should be accorded to the meanest person ; 
and, 

Whereas, The aforesaid practice tends to overthrow the civil law and 
to ignore constitutional authority, and to engender strife between the 
races; and, 

Whereas, The abolition of the aforesaid evil practice will go far to 
maintain peace, order and harmony between the races, which are so 
essential to the welfare of both ; therefore, 

Resolved, That the General Assembly of the Presbyterian Church does 
hereby express its great sorrow for the existence of this aforesaid evil 
practice, now disapproves of the same, and calls upon the good people 
of the nation and upon all lawful authority to suppress it. — 1892, p. 
217. 

9. Intemperance. 

[Note.— In 1811, Dr. Benjamin Rush presented to the Assembly one thousand copies 
of a pamphlet, entitled " An Inquiry into the Effects of Ardent Spirits upon the 
Human Body and Mind." At the same session it was :] 

a. Resolved, That the Rev. Drs. Miller, Milledoler and Romeyn, Rev. 
Messrs. James Richards, McNeice, Ezra Styles Ely and Gardiner Spring, 
Dr. John R. B. Rodgers, Col. Henry Rutgers and Mr. Divie Bethune, 
be a Committee to endeavor to devise measures which, when sanctioned 
by the General Assembly, may have an influence in preventing some of 
the numerous and threatening mischiefs which are experienced throughout 
our country by the excessive and intemperate use of spirituous liquors, 
and that this Committee be authorized to correspond and act in concert 
with any persons who may be appointed or associate for a similar purpose, 
and that the Committee hereby appointed report to the next General 
Assembly. — 1811, p. 474. 

Upon the report of this Committee the next year, it was 

b. Resolved, 1. That it be recommended to all the ministers of the 
Presbyterian Church in the United States to deliver public discourses, as 
often as circumstances may render expedient, on the sin and mischiefs of 
intemperate drinking, in which as well as on all suitable occasions, both 
public and private, it will be proper pointedly and solemnly to warn 
their hearers, and especially members of the Church, not only against 
actual intemperance, but against all those habits and indulgences which 
may have a tendency to produce it. 

2. That it be enjoined on all church Sessions within the bounds of the 
General Assembly that they exercise a special vigilance and care over 
the conduct of all persons in the communion of their respective churches 
with regard to this sin, and that they sedulously endeavor by private 
warning and remonstrance, and by such public censures as different cases 
may require, to purge the Church of a sin so enormous in its mischiefs 
and so disgraceful to the Christian name. 

3. That it be recommended to the ministers and other officers and 
members of our Church that they exert themselves to diffuse as exten- 
sively as possible among their congregations and the community at large 
such addresses, sermons, tracts or other printed compositions on this 
subject as may have a tendency to produce a suitable impression against 
the use of ardent spirits, and to recommend sobriety and temperance. 

4. That it be recommended to the officers and members of our Church 
to take such measures as may be judged proper and effectual for reducing 



NATURE, ENDS, AND SUBJECTS. 619 

the number of taverns, and other places of vending liquors by small 
measure, in all those parts of our country in which either their excessive 
numbers or the improper character of such places render them a public 
nuisance. 

It is believed that the evils arising from these sources are incalculably 
great, and that by prudent management they admit, under Providence, 
of very considerable diminution. — 1812, p. 511. 

10. Total abstinence from the use of wines, liquors, etc., urged. 

a. "We earnestly recommend to the officers and members of our 
Church to abstain even from the common use of ardent spirits. Such a 
voluntary privation as this, with its motives publicly avowed, will not be 
without its effect in cautioning our fellow- Christians and fellow-citizens 
against the encroachment of intoxication ; and we have the more confi- 
dence in recommending this course as it has already been tried with 
success in several sections of our Church. — 1818, pp. 689, 690 (reprint). 

b. The report of the Committee on Temperance was taken up, and 
after mature consideration was unanimously adopted, and is as follows, 
viz. : 

Resolved, 1. That this Assembly regard with devout gratitude and 
praise the great success which has attended the efforts of the friends of 
the cause of temperance during the past year, as evinced in the increase 
of the number and zeal of temperance societies, in the diminution of the 
sale of ardent spirits, and in the existence of a strong and increasing 
public sentiment against the use of it. 

2. That they cordially approve and rejoice in the formation of temper- 
ance societies on the principle of entire abstinence from the use of ardent 
spirits, as expressing disapprobation of intemperance in the strongest and 
most efficient manner, and making the most available resistance to this 
destructive and widespreading evil. • 

3. That they deeply deplore the apathy manifested by many professing 
Christians toward the cause of temperance, while many distinguished 
persons who make no religious profession are prompt and powerful 
fellow -laborers with Christians in this worthy and divinely sanctioned 
cause. And especially do they grieve and wonder that members of our 
churches, in view of an evil so debasing and so awful in its prospective 
bearings on all the interests of the country, should not only take no part 
in the exertions of their brethren and fellow- citizens against intemper- 
ance, but by using and trafficking in ardent spirits be actively engaged 
in promoting it. 

4. That they earnestly recommend, as far as practicable, the forming 
of temperance societies in the congregations under their care, and that 
all members of the churches adopt the principle of entire abstinence 
from the use of ardent spirits. 

5. That as friends of the cause of temperance this Assembly rejoice 
to lend the force of their example to that cause as an ecclesiastical body 
by an entire abstinence themselves from the use of ardent spirits. — 1829, 
p. 262. 

C. Resolved, 1. That this Assembly considers itself called upon to 
make a public acknowledgment of the goodness of God for the unpar- 
alleled success with which he has crowned the efforts of those who are 
actively concerned in the promotion of temperance. 

2. That the experience of the past year furnishes additional and most 



620 BOOK OF DISCIPLINE, SECT. 3. 

abundant evidence of the wisdom and importance of the plan adopted 
by the American Temperance Society. 

3. That this Assembly feels bound to repeat a former recommendation 
to the ministers, elders and members of the churches under its care, to 
discountenance the use of distilled liquors not only by abstaining them- 
selves from the use of such liquors, but by actively promoting every 
prudent measure devised for the purpose of furthering the cause of 
temperance. 

4. That this Assembly earnestly recommends to all persons for 
whose spiritual interests it is bound to consult that they favor the 
formation of temperance societies on the plan of entire abstinence. — 
1830, p. 298. 

d. The Assembly recommend to all the members of the churches 
under their care to be found the fast, unflinching aud active friends of 
temperance, abstaining from all forms and fashions which would counte- 
nance to any extent the sin of intemperance, avoiding even the appear- 
ance of evil, disentangling themselves from all implication with the 
traffic and manufacture, and especially presenting in their whole lives a 
standing and unvarying exemplification of the only true principle of 
temperance — total abstinence from everything that will intoxicate. — 
1840, p. 15, N. S. ; 1877, p. 558. 

e. The Assembly (N. S. ) reiterates the sentiments and recommenda- 
tions of former Assemblies, and calls upon its ministers and the mem- 
bers of its churches to renew their efforts in this direction, and especially 
to refrain from the use of cider, beer and ale as a beverage, and also 
from the manufacture and similar use of domestic wines. — 1864, p. 508, 
N. S. 

f. The General Assembly has repeatedly expressed its earnest desire 
for the •universal prevalence of temperance among the people of this 
land. But as a new exigency has arisen, growing out of the demoraliz- 
ing tendency of war, this Assembly enjoins upon all their ministers, ruling 
elders and church members to use their influence upon those around 
them, particularly on our young men now returning from the army, and 
on our youth in academies and colleges, to practice entire abstinence 
from all intoxicating drinks as a beverage, which it is believed is the 
only sure protection against drunkenness. Intemperance is a great sin 
against God as well as a bitter curse to man, obstructing the progress of 
the Gospel of our Lord Jesus Christ in the world, and weakening its 
power over the hearts of men. Hence it is an imperative duty, required 
alike by piety and patriotism, to do whatever may be practicable " to 
stem the torrent that is sweeping myriads into the vortex of irretrievable 
ruin." Especially should there be the frequent utterance of friendly 
warning to the young and inconsiderate, ' ' Touch not, taste not, handle 
not," accompanied by a corresponding example. This simple and 
effective remedy, carried into all the walks of life, will make our nation 
as prosperous and happy in peace as it has been heroic and victorious 
in war.— 1865, p. 570, O. S. 

g. Resolved, That total abstinence from all intoxicating drinks as a 
beverage is demanded from every Christian by the condition of societv, 
the purity of the Church and the Word of God.— 1866, p. 274, N. S. ; 
1877, p. 558. 

[Note. — Thenceforth reaffirmed by almost every Assembly. See 1897, p. 127.] 



NATURE, ENDS, AND SUBJECTS. 621 

11. Manufacture and traffic in ardent spirits condemned. 

a. That while this Assembly would by no means encroach upon the 
rights of private judgment, it cannot but express its very deep regret 
that any members of the Church of Christ should at the present day and 
under existing circumstances feel themselves at liberty to manufacture, 
vend or use ardent spirits, and thus, as far as their influence extends, 
counteract the efforts now making for the promotion of temperance. — 
1830, p. 298. 

b. 2. That the practice of sending out ardent spirits to be used as a 
drink by the unevangelized and partially civilized nations and tribes of 
men is in our view a violation of the principles and precepts of the 
Christian religion, and ought to be abandoned throughout the world. 

3. That the traffic in ardent spirits, to be used as a drink by any 
people, is in our judgment morally wrong, and ought to be viewed as 
such by the Churches of Jesus Christ universally. — 1834, p. 445. 

In the narrative for 1837 the Assembly say: 

C. It is with the utmost surprise and pain that we learn from the 
reports of two or three Presbyteries that some of their members, and even 
ruling elders, still manufacture and sell ardent spirits. These things 
ought not so to be. They are a stumbling-block to many, and have a 
manifest tendency to bring overwhelming calamities, both temporal and 
spiritual, on society at large. No Church can shine as a light in the 
world while she openly sanctions and sustains any practices which are so 
evidently destructive of the best interests of society. — 1837, p. 510. 

12. The manufacture and sale of intoxicating drinks an offence. 

a. The great increase of intemperance throughout the land, especially 
in our towns and large cities, renders it imperative on the Church to put 
forth her influence to arrest it in its destructive progress. But to render 
her influence effective she must purge herself from all participation in 
the sin by removing from her pale all who are engaged in the manufac- 
ture and sale of intoxicating drinks for use as a common beverage. 

When a person has been admitted to sealing ordinances in Christ's 
house, he ought not to be excluded but upon grounds which are sanc- 
tioned by the Word of God and the discipline of the Church ; and where 
such exclusion takes place, it is always founded upon an alleged offence 
against the authority and laws which Christ has established in his house. 
Hence, one of the ends of discipline, as laid down in our Standards, is 
" the removal of offences" from the Church of Christ. In the very 
outset, then, it becomes necessary to ascertain what is an offence. In 
our Book of Discipline it is defined to be " anything iu the principles or 
practice of a church member which is contrary to the Word of God, or 
which, if it be not in its own nature sinful, may tempt others to sin, or 
mar their spiritual edification" (Chap, i, Sec. iii). That the practice 
of manufacturing and retailing intoxicating drinks is, in its own nature, 
sinful, we do not affirm, and need not therefore consider, in this sense, 
an offence against the laws of Christ's house. But that it tempts others 
to sin and mars their spiritual edification is too obvious to require proof. 
The retailer is the proximate agent in tempting many to drink to drunk- 
enness, and in forming in others the appetite for strong drink which 
leads to brutal intoxication. In doing this he offends against God's 
children, who are grieved at his conduct, which is productive of such 
injurious results both to the bodies and souls of men. On these grounds, 



622 BOOK OF DISCIPLINE, SECT. 3. 

therefore, he is guilty of an ' ' offence ' ' against the Word of God, which 
is very explicit in setting its seal of condemnation on such conduct. In 
the eighth chapter of his First Epistle to the Corinthians, the apostle 
has decided this point with great precision. In the church of Corinth 
some thought it to be right to eat meat which had been offered to idols, 
others thought it wrong. The matter was submitted to the apostle, who 
decided that although the act was not in its own nature sinful, yet if it 
became the occasion of offence or injury to a weak brother it ought not 
to be done. " But meat commendeth us not to God: for neither, if 
we eat, are we the better; neither, if we eat not, are we the worse. 
But take heed lest by any means this liberty of yours become a sturn- 
blingblock to them that are weak. For if any man see thee which hast 
knowledge sit at meat in the idol's temple, shall not the conscience of him 
that is weak be emboldened to eat those things which are offered to idols; 
and through thy knowledge shall the weak brother perish, for whom 
Christ died ? But when ye sin so against the brethren, and wound their 
weak conscience, ye sin against Christ. Wherefore, if meat make my 
brother to offend, I will eat no flesh while the world standeth, lest I 
make my brother to offend." According to this decision of the apostle, 
therefore, men " sin against Christ " when they " sin against the breth- 
ren ' ' by doing that which, though not sinful in itself, becomes a stum- 
bling-block to them, and tempts them to the commission of sin. Against 
such a course the apostle guards professing Christians and declares that 
he had determined to avoid it. 

Now, the apostle's decision in regard to the case at Corinth applies to 
the use of intoxicating drinks when manufactured and sold for a common 
beverage. When prepared and sold for this purpose, those who do so 
" sin against the brethren and wound their weak conscience," and thus 
" sin against Christ." Hence they are guilty of "an offence," their 
conduct being ' ' contrary to the Word of God. ' ' 

Thus far the subject appears very plain. That a manufacturer and 
retailer of intoxicating drinks for the purpose mentioned is guilty of an 
offence proved to be such from Scripture, the foregoing remarks clearly 
demonstrate. But is it such an offence as ought to exclude persons from 
the full privileges of the Church ? - In maintaining the affirmative of 
this question, it is important to remark that whatever would prevent the 
admission of a person to the sealing ordinances of the Church, on his 
first application, ought, if found in connection with his character or con- 
duct after his admission, to exclude him from her communion. This is 
so evident as to require no proof. What, then, would be considered a 
sufficient bar to the full enjoyment of the privileges of the Church ? To 
this we reply that anything in the principles or practice of the applicant 
for admission which greatly impaired or destroyed the credibility of his 
profession of faith in Christ would be a sufficient ground of refusal. 
For the ground of admission, as presented both in the Word of God and 
the Standards of the Church, is a credible profession of faith in the Son 
of God. In the case of the jailer, the Ethiopian eunuch, and even of 
Simon Magus, who afterward apostatized, a credible profession was 
required and exhibited before they were admitted to the communion of 
the society of the faithful. The same principle is recognized in our 
Standards. " Those who are admitted to sealing ordinances, shall be 
examined as to their knowledge and piety " (Directory for Worship, 
Chap, i, Sec. iii; see also Chap, iv, Sec. iv). From these passages it is 



NATURE, ENDS, AND SUBJECTS. 623 

manifest that such a profession as involves credible evidence of Christian 
character, in which knowledge and piety are essential elements, is 
required by our Book of those who would be admitted to sealing ordi- 
nances. Such being the case, whatever essentially impairs or destroys 
this evidence bars the way to their admission. Accordingly it is provided 
that " such as are found to be ignorant or scandalous, notwithstanding 
their profession of the faith and desire to come to the Lord' s Supper, 
ought to be kept from that sacrament, by the power which Christ has 
left in His Church, until they receive instruction and manifest their 
reformation" (Larger Catechism, Q, 173). Ignorance and immorality 
of conduct are here indicated as sufficient grounds on which to refuse an 
applicant admissiou to the table of the Lord. The reason is that where 
either or both exist there is a want of credible evidence of Christian 
character ; and where this is wanting, the person ought not to be admitted. 
And on the same ground, a person who has been admitted, if he be after- 
ward found to be ignorant or scandalous, and thus destitute of the 
evidence of Christian character, ought to be excluded. 

In the case which we are considering, the person in question does not 
give credible evidence in favor of his Christian character. He does not 
give such satisfaction with respect to his " knowledge and piety " as is 
sufficient to entitle him to continue in the full privileges of the Church 
as a member in good standing. For the man who, at the present time, 
is ignorant of the effects of the practice of the manufacture and sale of 
intoxicating drinks as a common beverage, in tempting others to sin 
and " marring their spiritual edification," must be criminally regardless 
of what is going on around him. And he who, knowing this, perseveres 
in the practice, evinces a state of heart directly the reverse of that which 
is produced by " the grace of God," that " teaches us that, denying 
ungodliness and worldly lusts, we should live soberly, righteously and 
godly in this present world." On the ground, therefore, that his pro- 
fession of religion is destitute of the attributes which are necessary to 
render it credible he ought not to be continued in the communion of the 
Church, nor certified as a member in good standing. 

We are aware that it has been objected to this view of the case that it 
is establishing a new term of commuuion not before known in the Church. 
But upon the principles laid down and established, it is not. We have 
seen that credible evidence of Christian character, involving the exhibi- 
tion of " knowledge and piety," is the old term of communion laid 
down in God' s Word and the Standards of our Church. It has also 
been made to appear that the practice of manufacturing and retailing 
intoxicating drinks as a beverage is a sin against the brethren and against 
Christ, and while persevered in vitiates this evidence and works a forfeit- 
ure of the privileges of Christian communion. If the practice of the 
Church has been to any extent favorable to the admission or continuance 
of such persons in her communion, it only proves that the Church, in 
these cases, has overlooked or neglected to enforce the true principles of 
her Standards. It cannot be fairly drawn into argument to prove that 
the principle is not there, or if there, that it ought not to be applied in 
this, as in other cases, of visible offence against Christ and his Church. 
We conclude, therefore, that it is not adopting any new term of com- 
munion to exclude persons from sealing ordinances on the ground of their 
manufacturing and vending intoxicating drinks as a beverage. On the 
contrary, it is only falling back upon the teachings of the Bible and the 



624 BOOK OF DISCIPLINE, SECT. 3. 

Constitution of the Church, which requires- visible Christianity, in a 
credible form, of those who would partake of these ordinances, and 
refuses the privilege to those who by overt acts of offence fail to present 
such evidence.— 1865, p. 571, O. S. ; 1889, p. 103. 

b. Those engaged in the manufacture or traffic in intoxicating liquors 
should not be received or retained in the church. 

We call upon the Sessions of our churches to guard carefully the purity 
of the Church by refusing to admit to membership, or to retain those with- 
in her pale, who are engaged in the manufacture or sale of intoxicating 
liquors as a beverage or who derive their livelihood from this sinful 
traffic— 1877, p. 558. 

13. Prohibitory laws. 

a. The following resolution upon the subject of temperance was unan- 
imously adopted: 

Resolved, That the General Assembly continue to view with deep inter- 
est the progress of the temperance reformation, most intimately connected 
with the vital interests of men for time and eternity, and they do espe- 
cially hail its new phase through the action of several State Legislatures 
by which the traffic in intoxicating liquors as a beverage is entirely pro- 
hibited. They commend this new system of legislation to the attention 
and support of all ministers and churches connected with this body for 
its blessed results already experienced, and as able, if universally adopted, 
to do much to seal up the great fountains of drunkenness, pauperism 
and crime, and relieve humanity of one of its most demoralizing and 
distressing evils.— 1854, p. 503, N.S. 

b. Whereas, Intemperance is the great antagonist of domestic peace 
and social happiness, of sound morality and pure Christianity, and at 
war with all the dearest interests of man for this world and the future ; 
and whereas, the experience of two hundred years proves that this evil 
can never be removed or effectively resisted while the traffic in intoxi- 
cating drinks is continued, it being necessary if we would stop the effect 
to remove the cause ; therefore, 

Resolved, 1. That this Assembly, as lovers of our holy religion, of 
our country and our race, and as office-bearers in the Church, can but 
feel a lively interest in the progress of the temperance reform. 

Resolved, 2. That we here record our devout thanksgiving to almighty 
God for the recent unparalleled progress of this reform, as evinced by 
the action of the Legislatures of thirteen States and two Territories of our 
Union, in the passage of laws prohibiting entirely the traffic in all 
intoxicating beverages. 

Resolved, 3. That in the opinion of this body laws prohibiting the 
sale of intoxicating drinks can interfere with the rights of no man, 
because no man has a right of any name or nature inconsistent with the 
public good or at war with the welfare of the community, it being 
a well-known and universally acknowledged maxim of law that " No 
man has a right to use his own to the injury of his neighbor." 

Resolved, 4. That we earnestly recommend to the ministers and con- 
gregations in our connection, and to all others, to persevere in vigorous 
efforts until laws shall be enacted in every State and Territory of our 
beloved country prohibiting entirely a traffic which is the principal 
cause of the drunkenness, and its consequent pauperism, crime, taxa- 






NATURE, ENDS, AND SUBJECTS. 625 

tion, lamentation, war and ruin to the bodies and souls of men, with 
which the country has so long been afflicted. — 1855, pp. 30, 31, N. S. ; 
1883, p. 655; 1889, p. 103; 1892, p. 164; 1895, p. 100. 

C. Without attempting, therefore, to indicate any distinct line of 
policy to be pursued in the effort to repress intemperance, the following 
resolutions are recommended for adoption: 

1. That this Assembly repeats the unvarying testimony of preceding 
Assemblies against this widespread and destructive vice. 

2. That in view of the evils wrought by this scourge of our race, this 
Assembly would hail, with acclamations of joy and thanksgiving, the 
utter extermination of the traffic in intoxicating liquors as a beverage, 
by the power of Christian conscience, public opiuion, and the strong 
arm of the civil law. Adopted.— 1883, p. 655; 1884, pp. 73, 74; 1885, 
pp. 666-668; 1887, p. 127; 1889, p. 103; 1892, p. 164; 1895, p. 100. 

14. Against the manufacture and sale of intoxicating liquors and 
renting property for such uses. 

a. Overture, from the Presbyteries of Pittsburgh and of Philadelphia 
Central, asking the Assembly for further action, clear and unmistakable, 
in regard to the manufacture, sale, and use as a beverage, of intoxicating 
liquors. The Committee recommend the following answer: 

This General Assembly, believing the manufacture, sale, and use of 
alcoholic stimulants as a beverage, to be contrary to the spirit of God's 
Word, and wholly inconsistent with the claims of Christian duty, reiter- 
ate the testimonies of former Assemblies on this subject. 

The Assembly also affirm their conviction of the reprehensible com- 
plicity in the guilt of the aforesaid traffic of those who knowingly rent 
their premises for such purpose, or indorse licenses that legalize it. 

And further to give emphasis to the action now taken and the utter- 
ances of former Assemblies above referred to, the Board of Publication 
are directed to print an abstract of such former testimonies as cover the 
points referred to in the overtures, and send a copy thereof to every 
pastor and stated supply within our bounds, with the direction of the 
Assembly to read the same publicly from their respective pulpits. 

Finally, the Assembly recommend the general circulation of a temper 
ance literature as tending to inform and arouse the public conscience 
with reference to the evils of intemperance. And to aid in this they 
urge upon the attention of the Board of Publication the publishing, in 
addition to those now on their catalogue, of such other treatises as shall 
be adapted to this end.— 1871, p. 490; 1875, p. 515; 1876, p. 85; 
1890, p. 83. 

b. 1. The General Assembly, viewing with grave apprehension the 
persistence and spread of the use of intoxicating drinks, as among the 
greatest evils, if not the greatest evil, of our day, as a curse resting 
upon every nation of Christendom, as multiplying their burdens of taxa- 
tion, pauperism and crime; as undermining their material prosperity, as 
a powerful hindrance to the Gospel at home, and as still more deeply 
degrading the heathen, whom we seek to evangelize abroad, would 
rejoice at the revival, in recent years, of efforts to stay these great evils, 
and would renew its testimony, begun as early as 1812 (and continued 
to the present day), " not only against actual intemperance, but against 
all those habits and indulgences which may have a tendency to pro- 
duce it." 

40 



626 BOOK OF DISCIPLINE, SECT. 3. 

2. We reiterate the judgments of former General Assemblies against 
the manufacture and sale of intoxicating liquors to be used as a bever- 
age, and against the renting of one's property knowingly for such 
manufacture and sale. We admonish our members to avoid all com- 
plicity in the traffic, and to use all their influence for the suppression of 
the same, in such measures and to such degrees as shall seem to them 
wise and expedient. 

3. The efforts of the women of our own and of other Churches, in 
the promotion of the cause of temperance, are recognized as a powerful 
factor in the settlement of this question, and greatly increase our hope of 
final and complete success. — 1880, p. 75. 

[Note.— See No. 14, p. 625 ; Minutes, 1865, p. 561, O. S.] 

15. The "saloon," licensed or unlicensed, a curse to our land. 

That this Assembly regards the saloon, licensed or unlicensed, as a 
curse to the land, inimical to our free institutions and a constant jeopardy 
to the present and lasting peace and happiness of all members of the 
home, and, furthermore, loyalty to Christ and His Church should con- 
strain every Christian citizen to be earnestly zealous in securing the 
removal of the traffic very largely responsible for the mass of crime, 
pauperism, and the social evil that flood the land with misery, and that 
we emphasize the great value to the cause of temperance in this country 
which comes from the Supreme Court of the United States in its recent 
decisions. 

That we urge Congress to pass laws abolishing the sale of all intoxi- 
cating liquors for beverage purposes from all the Territories of the United 
States and the District of Columbia, and from all buildings and in- 
stitutions under control of the United States Government. — 1892, 
p. 164. 

16. The Presbyterian Woman's Temperance Association indorsed. 

That we indorse the work of the Presbyterian Woman's Temperance 
Association and all kindred organizations, and, bidding them Godspeed, 
that we urge the women of our Presbyterian churches to organize tem- 
perance work along the same Church lines as those adopted by the women 
of the Presbyterian churches of Pennsylvania, and this not 'in antag- 
onism, but in perfect harmony with, the evangelistic work of other 
temperance organizations. Also that this work be extended to the 
children and youth.— 1892, p. 165; 1890, p. 93; 1891, p. 150; 1893, 
p. 174; 1894, p. 154; 1896, p. 137; 1897, p. 124. 

17. The deliverances of the past eighty years to be printed. 

That from the pulpits of our beloved Church, emphasis should be 
given to the deliverances of this General Assembly for the past eighty 
years, and in order that church communicants and others who might be 
led to be interested in temperance work, may thoroughly understand the 
position of the Church, now and in years, past, the Permanent Com- 
mittee be requested to have their tract, "A Summary of the Deliverances 
of the Assembly on Temperance, ' ' sent to all pastors throughout the 
Church, with a request that the tract be distributed among the people. 
—1892, p. 165; 1895, p. 100. 



NATURE, ENDS, AND SUBJECTS. 627 

18. Temperance training and education for the young. 

a. Resolved, That we deplore the evils of intemperance, and that we 
see in those evils a great hindrance to that coming of the Lord's king- 
dom in human hearts for which the Church labors and prays. 

We realize that the early education of the young as to the nature and 
effects of alcoholic drinks and other narcotics is a powerful preventive 
against intemperance. And we rejoice that laws have been enacted 
requiring this study in the public schools of thirty -nine States and in all 
the Territories, in the national military and naval schools, and in all 
Indian and colored schools under Federal control — embracing fully 
thirteen million children of school age. We recommend that our 
churches appoint Special Committees to make efforts for the enforcement 
of these laws. And, in cases where the law is not sufficiently mandatory, 
we recommend that our Synods instruct their Temperance Committees to 
petition for such amendments as the case may demand. 

Resolved, That the time has fully come for the introduction of physio- 
logical temperance into all day mission schools, home and foreign, that 
are under the direction of the Presbyterian Church. 

We, therefore, urge that the proper school authorities be required to 
provide for instruction as to the nature of alcoholic drinks and narcotics 
and their effect upon the human system. 

Resolved, That we commend to the Presbyteries and Synods in the five 
States yet without temperance education laws, viz., Indiana, Tennessee, 
Arkansas, Georgia and South Carolina, the example of the Synod of 
Isew Jersey, which last autumn instructed its Temperance Committee to 
petition the next Legislature of that State for compulsory temperance 
education in all public schools, which petition has been granted in the 
enactment of a very satisfactory statute requiring this study of all pupils 
in all schools in that State under State control. — 1894, p. 154. 

b. Believing that in seeking a legislative panacea for present ills, due 
consideration is not given to preventive measures, it is urged that the 
children and youth be instructed more diligently on this subject ; that 
the Church give increased attention to it by teaching and preaching, and 
by effecting temperance organizations within its own congregations, and 
subject to its own administration; that education be emphasized as, even 
more than legislation, an immediate need of the temperance cause, 
remembering always that the Gospel of Jesus Christ is the power of God 
unto salvation from this as from all other sins. Presbyteries and Synods 
are urged to renewed and increased activity along the lines of education 
and organization. — 1895, p. 100. 

19. Men of intemperate habits and official position. 

That while not abating efforts to secure more efficient repressive legisla- 
tion, there should be increased endeavor to secure by election and appoint- 
ment to official position men of " clean hands and pure heart, who have 
not lifted up their soul unto vanity nor sworn deceitfully," and to sustain 
them in the faithful discharge of their duties. Cordial approval is given 
to all proper efforts to secure such legislation as will prevent the appoint- 
ment of any man of known intemperate habits to official position under 
national, State or municipal authority. — 1895, p. 100. 



628 BOOK OF DISCIPLINE, SECT. 3. 

20. Political parties and licenses. 
1. Action of the Assembly. 

a. It is the sense of this Committee, while it is not the province of the 
Church to dictate to any man how he shall vote, yet the Committee 
declares that no political party has the right to expect the support of 
Christian men so long as that party stands committed to the license 
policy, or refuses to put itself on record against the saloon. — 1892 p 
163. 

b. Resolved, That we reaffirm the deliverance of the Portland Assem- 
bly that * ' No political party has the right to expect the support of Chris- 
tian men so long as that party stands committed to the license policy, or 
refuses to put itself on record against the saloon." — 1894, p. 154. 

2, Protest against Resolution No. 7. 

Against this resolution (No. 7) a protest was presented, signed by 
forty-six commissioners, which was received and admitted to record, as 
follows : 

The undersigned respectfully ^ protest against so much of the action of 
the General Assembly on temperance as declares, " That no political 
party has the right to expect the support of Christian men so long as 
that party stands committed to the license policy, or refuses to put itself 
on record against the saloon." We deem this action an unwise interfer- 
ence with a political question, and believe that it cannot fail to be 
regarded by many of our people as hindering their free and conscientious 
discharge of their duties as voters. — 1894, p. 178. 

3. Members urged to vote against licenses. 

Resolved, That in the judgment of this Assembly, the time has come 
when Christian men should make their influence felt directly and with 
power at the ballot-box ; and that all voters connected with our com- 
munion are urged to vote against the granting of licenses for the sale of 
intoxicating liquors. 

Resolved, That we earnestly urge upon our people the desirability of 
demanding the enforcement of the liquor laws throughout the land. — 
1895, p. 100. 

21. Temperance Sabbath. 

[Note. — See in this Digest, p. 402.] 

22. Communion wine. 

[Note. — For deliverances as to the Lord's Supper, see Directory for Worship, 
Chap, ix.] 

23. Permanent Committee on Temperance. 

[Note. — See in this Digest, pp. 401-403.] 

24. Relation of temperance and other moral societies to the Church, 
a. The Church of Jesus Christ is a spiritual body, to which have been 
given the ministry, oracles, and ordinances of God for the gathering and 
perfecting of the saints in this life to the end of the world. It is the 
great instrumentality of the Saviour, through which, by His eternal 
Spirit, He dispenses salvation to the objects of His love. Its ends are 
holiness and life, to the manifestation of the riches and glory of divine 
grace, and not simply morality, decency and good order, which may to 



NATURE, ENDS, AND SUBJECTS. 629 

some extent be secured without faith in the Redeemer and the transform- 
ing efficacy of -the Holy Spirit. The laws of the Church are the author- 
itative injunctions of Christ, and not the covenants, however benevolent 
in their origin and aim, which men have instituted of their own will; 
and the ground of obligation which the Church, as such, inculcates, is 
the authority of God speaking in His Word, and not pledges of honor 
w T hich create, measure and define the peculiar duties of all voluntary 
associations. In this kingdom of God the Holy Scriptures are the only 
rule of faith and manners, and no Church judicatory ought to pretend to 
make laws which shall bind the conscience, or to issue recommendations 
which shall regulate manners, without the warrant, explicit or implied, 
of the revealed will of God. It is, hence, beside the province of the 
Church to render its courts, which God ordained for spiritual purposes, 
subsidiary to the schemes of any association founded in the human will 
and liable to all its changes and caprices. No court of Christ can exact 
of His people to unite with the temperance, moral reform, colonization, 
or any other society which may seek their aid. Connection with such 
institutions is a matter of Christian liberty. Their objects may be in 
every respect worthy of the countenance and support of all good men, 
but in so far as they are moral and essentially obligatory, the Church 
promotes them among its own members — and to none others does its 
jurisdiction extend — by the means which God has ordained for the edifi- 
cation of His children. Still, in the exercise of their Christian liberty as 
good citizens, as patriotic subjects of the State, from motives of philan- 
thropy and from love to God, Christian people may choose to adopt this 
particular mode of attempting to achieve the good at which all moral 
societies profess to aim ; they have a right to do so, and the Church, as 
long as they indorse no false principles and countenance no wrong prac- 
tices, cannot interfere with them. Recognizing these propositions as the 
truths of the Word of God, this General Assembly, as a court of Jesus 
Christ, cannot league itself with any voluntary society, cannot exact of 
those who are subject to its discipline to do so, but must leave the whole 
matter where the Scriptures leave it — to the prudence, philanthropy and 
good sense of God's children, each man having a right to do as to him 
shall seem good. 

These societies must appeal not to Church courts, but to Church mem- 
bers. When they proclaim principles that are Scriptural and sound, it is 
not denied that the Church has a right, and under certain circumstances 
may be bound, to bear testimony in their favor ; and Avhen, on the other 
hand, they inculcate doctrines which are infidel, heretical, and dangerous, 
the Church has a right to condemn them. In conformity with these 
statements, the General Assembly has no hesitation in cordially approving 
of abstinence from intoxicating drinks as a matter of Christian expedi- 
ency, according to the words of the apostle in Romans xiv. 21, " It is 
good neither to eat flesh, nor to drink wine, nor anything whereby thy 
brother stumbleth, or is offended, oris made weak," and in expressing 
its affectionate interest in the cause of temperance ; and would recommend 
to its ministers and elders who have become connected with temperance 
societies to use every effort to prevent the introduction of any other prin- 
ciple as the ground of their pledge, and to throw around these institutions 
those safeguards which shall be the means of rescuing them from the 
excesses to which they are liable from influences opposed to or aside from 
the Gospel of Christ.— 1848, p. 58, O. S. 



630 BOOK OF DISCIPLINE, SECT. 3-4. 

No. 3. A memorial from the National Temperance Society, asking the 
Assembly to send delegates to a national temperance convention. The 
Committee recommend as an answer, that while this Assembly approves 
all proper efforts made to suppress intemperance, it declines to send dele- 
gates, in its name, to the proposed convention. Adopted. — 1873, p. 504. 

b. In answer to an overture praying the Assembly to give the temper- 
ance cause a proper prominence among the means of reform sustained 
by the Church, and especially suggesting that if it would arrange or 
recommend that some proper temperance movement should sustain the 
same relation to the churches as the tract, the Bible, and the missionary 
causes do, both morally and financially, it would be of immense advan- 
tage to the cause, replied as follows: 

In compliance with the request of the petitioners, the Assembly are 
willing to assign to the cause of temperance a relation to our Church not 
dissimilar to that which has been given to the benevolent objects with 
which it is compared. But with none of these do we maintain any other 
connection than that which their own moral power secures upon the free 
affection and esteem of our members. Very cheerfully and earnestly 
would this Assembly commend the cause of temperance to all the minis- 
ters and members of our Church, and urge them heartily to cooperate 
with every judicious effort in a Christian spirit to promote it; that pastors 
frequently preach upon the subject, and especially that no countenance 
be given to those social usages by which great temptations to intemper- 
ance are thrown before their fellow-men. — 1860, p. 262, N. S. 

25. The Assembly receives and appoints delegates only in the case 
of ecclesiastical bodies. 

[Note.— See answer to request for the appointment of delegates to National Tem- 
perance Convention, Form of Government, Chap, xii, this Digest, p. 325.] 

26. Purity in literature and art. 

Papers Nos. 69 and 70, both being from certain friends of purity in 
literature and art. The following declaration is recommended: That the 
General Assembly has learned with profound satisfaction that the 
National Editorial Association and the National Republican Associa- 
tion, as well as other State Press Associations, have expressed their sym- 
pathy with the women's movement for the promotion of purity in litera- 
ture and art, as tending to maintain a Christian standard of morality in 
society; and that they have pledged their Associations to make the press 
one of the best friends of humanity, by refusing space to all impure 
advertisements, and by excluding from their publications all that alloys 
the truth and hardens the conscience. 

The General Assembly desires the religious papers enjoying Presbyte- 
rian patronage to give wide circulation to this pledge of the secular press, 
and advises all Christian families and readers to give the favor of their 
patronage to those papers and periodicals which honor this pledge by 
excluding all questionable advertisements and immodest serials, and which 
refrain from Sabbath editions. Adopted. — 1897, p. 84. 

27. Cruelty to animals. 

The consideration of the paper on cruelty to animals presented on the 
second day of the sessions, was resumed, and the paper adopted, as 
follows : 

Whereas, It has pleased God, in His holy providence, to raise up 



NATURE, ENDS, AND SUBJECTS. 631 

helpers, in these latter years, to protect the inferior creation, the com- 
panions and helpers of man, from that formerly unrestricted tyranny and 
cruelty to which they were exposed, so that now, in a majority of the 
States and Territories of this country, laws in their behalf have been 
passed, and societies authorized, to prevent all acts of barbarism and 
cruelty against the poor dumb creatures whom God has committed to our 
charge; and 

Whereas, The courts of our country have for the most part sustained 
these laws, by fines and imprisonments, whenever and wherever offences 
have been committed and the facts proved, so that now great reforms are 
manifest where these societies have existed for any length of time ; and 

Whereas, The apostle Paul, in urging the proper support of the minis- 
try upon the Church, and " That they which preach the Gospel should 
live of the Gospel," quotes the ancient command to the Hebrews, 
" Thou shalt not muzzle the mouth of the ox that treadeth out the 
corn ;' ' and 

Whereas, All acts of cruelty to the inferior creation tend to produce 
cruelty in families, and a return to barbarism in society, and are utterly 
abhorrent to the spirit of the Gospel ; — this General Assembly do earn- 
estly recommend their ministers and members every where to aid in this 
good work, to sustain and defend these societies engaged in this noble 
reform, and that they offer constant prayers to the Holy Dove, the 
Spirit of God, for His tender influence, to inspire the hearts of men 
with mercy, and to the Lamb of God, the Head of the Church, to 
hasten the day when His own gentle and loving nature shall be given to 
all men, and " The wolf also shall dwell with the lamb," " and a little 
child shall lead them."— 1875, p. 510. 

IV. Nothing shall, therefore, be the object of judicial process, which 
cannot be proved to be contrary to the Holy Scriptures, or to the regu- 
lations and practice of the Church founded thereon ; nor anything which 
does not involve those evils which discipline is intended to prevent. 

1. New terms of communion cannot be sanctioned. 

On the question whether the manufacturer, vender or retailer of intox- 
icating drinks should be continued in the full communion of the Church, 
the Committee recommend the following resolution, viz. : ' ' That whilst 
the Assembly rejoice in the success of the temperance reformation, and 
will use all lawful means to promote it, they cannot sanction the adoption 
of any new terms of communion." Adopted. — 1842, p. 16, O. S. 

2. Each case must be judged of by its own circumstances. 

Resolved, That the records of the Synod of Pittsburgh be approved 
except so far as they seem to establish a general rule in regard to the use 
and sale of ardent spirits as a beverage, which use and sale are generally 
to be decidedly disapproved; but each case must be decided in view of 
all the attendant circumstances that go to modify and give character to 
the same.— 1843, p. 189, O. S. 

[Note. — See Chap, i, Sec. iii, p. 608, under " Promiscuous Dancing " {Minutes, 1895, 
p. 106J, as to creating new and unscriptural conditions of church membership.] 



632 BOOK OF DISCIPLINE, SECT. 4. 

3. Sins forbidden in the Ten Commandments. Larger Catechism. 

[Note.— The answers to the questions from the Larger Catechism hereinafter given 
are inserted because they are a part of the constitutional enumeration of offences. 
Seep. 606.] 

Q. 105. What are the sins forbidden in the first commandment f 
A. The sins forbidden in the first commandment are atheism, in deny- 
ing, or not having a God ; idolatry, in having or worshiping more gods 
than one, or any with, or instead of the true God; the not having and 
vouching him for God, and our God ; the omission or neglect of anything 
due to him, required in this commandment; ignorance, forgetfulness, 
misapprehensions, false opinions, unworthy and wicked thoughts of him; 
bold and curious searchings into his secrets ; all profaneness, hatred of 
God, self-love, self-seeking, and all other inordinate and immoderate 
setting of our mind, will or affections upon other things, and taking 
them off from him in whole or in part; vain credulity; unbelief; heresy; 
misbelief; distrust; despair; incorrigibleness, and insensibleness under 
judgments; hardness of heart; pride; presumption; carnal security; 
tempting of God; using unlawful means, and trusting in lawful means; 
carnal delights and joys; corrupt, blind, and indiscreet zeal; lukewarm - 
ness, and deadness in the things of God; estranging ourselves, and 
apostatizing from God; praying, or giving any religious worship, to 
saints, angels, or any other creatures; all compacts and consulting with 
the devil, and hearkening to his suggestions; making men the lords of 
our faith and conscience ; slighting and despising God and his commands, 
resisting and grieving of his Spirit, discontent and impatience at his 
dispensations, charging him foolishly for the evils he inflicts on us; and 
ascribing the praise of any good we either are, have, or can do, to 
fortune, idols, ourselves, or any other creature. 

Q. 109. What are the sins forbidden in the second commandment f 
A. The sins forbidden in the second commandment are, all devising, 
counseling, commanding, using, and any wise approving any religious 
worship not instituted by God himself; the making any representation 
of God, of all, or of any of the three Persons, either inwardly in our 
mind, or outwardly in any kind of image or likeness of any creature 
whatsoever: all worshiping of it, or God in it or by it; the making of 
any representation of feigned deities, and all worship of them, or service 
belonging to them ; all superstitious devices, corrupting the worship of 
God, adding to it, or taking from it, whether invented and taken up of 
ourselves, or received by tradition from others, though under the title of 
antiquity, custom, devotion, good intent, or any other pretence whatso- 
ever ; simony ; sacrilege ; all ueglect, contempt, hindering, and opposing 
the worship and ordinances which God hath appointed. 

Q, 113. Wfiat are the sins forbidden in the third commandment ? 
A. The sins forbidden in the third commandment are, the not using 
of God's name as is required; and the abuse of it in an ignorant, vain, 
irreverent, profane, superstitious, or wicked, mentioning or otherwise 
using his titles, attributes, ordinances, or works, by blasphemy, perjury; 
all sinful cursing, oaths, vows, and lots ; violating of our oaths and 
vows, if lawful ; and fulfilling them, if of things unlawful ; murmuring 
and quarreling at, curious prying into, and misapplying of God's decrees 
and providences; misinterpreting, misapplying, or any way perverting 
the Word, or any part of it, to profane jests, curious and unprofitable 
questions, vain janglings, or the maintaining of false doctrines ; abusing 



NATURE, ENDS, AND SUBJECTS. 633 

it, the creatures, or any thing contained under the name of God, to 
charms, or sinful lust and practices; the maligning, scorning, reviling, 
or any wise opposing of God's truth, grace and ways; -making profes- 
sion of religion in hypocrisy, or for sinister ends ; being ashamed of it, 
or a shame to it, by uncomfortable, unwise, unfruitful and offensive 
walking, or backsliding from it. 

Q. 119. What are the sins forbidden in the fourth commandment? 

A. The sins forbidden in the fourth commandment are, all omissions 
of the duties required, all careless, negligent, and unprofitable perform- 
ing of them, and being weary of them; all profaning the day by idleness, 
and doing that which is in itself sinful ; and by all needless works, 
words, and thoughts, about our worldly employments and recreations. 

Q. 128. What are the sins of inferiors against their superiors f 

A. The sins of inferiors against their superiors are, all neglect of the 
duties required toward them; envying at, contempt of, and rebellion 
against their persons and places, in their lawful counsels, commands 
and corrections; cursing, mocking, and all such refractory and scan- 
dalous carriage, as proves a shame and dishonor to them and their 
government. 

Q. 130. What are the sins of superiors t 

A. The sins of superiors are, besides the neglect of the duties required 
of them, an inordinate seeking of themselves, their own glory, ease, profit, 
or pleasure ; commanding things unlawful, or not in the power of inferi- 
ors to perform ; counseling, encouraging, or favoring them in that which 
is evil; dissuading, discouraging, or discountenancing them in that 
which is good; correcting them unduly; careless exposing, or leaving 
them to wrong, temptation, and danger; provoking them to wrath; or 
any way dishonoring themselves, or lessening their authority, by an 
unjust, indiscreet, rigorous, or remiss behavior. 

Q. 132. What are the sins of equals t 

A. The sins of equals are, besides the neglect of the duties required, 
the undervaluing of the worth, envying the gifts, grieving at the 
advancement or prosperity one of another; and usurping preeminence 
one over another. 

Q. 136. What are the sins forbidden in the sixth commandment ? 

A. The sins forbidden in the sixth commandment are, all taking away 
the life of ourselves, or of others, except in case of public justice, 
lawful war, or necessary defence", the neglecting or withdrawing the 
lawful or necessary means of preservation of life; sinful anger, hatred, 
envy, desire of revenge; all excessive passions, distracting cares; 
immoderate use of meat, drink, labor, and recreations; provoking 
words; oppression, quarreling, striking, wounding, and whatsoever else 
tends to the destruction of the life of any. 

Q. 139. What are the sins forbidden in the seventh commandment f 

A. The sins forbidden in the seventh commandment, besides the 
neglect of the duties required, are adultery, fornication, rape, incest, 
sodomy, and all unnatural lusts; all unclean imaginations, thoughts, 
purposes, and affections; all corrupt or filthy communications, or listen- 
ing thereunto; wanton looks; imprudent or light behavior; immodest 
apparel; prohibiting of lawful, and dispensing with unlawful marriages; 
allowing, tolerating, keeping of stews, and resorting to them ; entangling 
vows of single life ; undue delay of marriage ; having more wives or 
husbands than one at the same time; unjust divorce or desertion; idle- 



634 BOOK OF DISCIPLINE, SECT. 4-8. 

ness; gluttony; drunkenness; unchaste company; lascivious songs, 
books, pictures, dancings, stage-plays; and all other provocations to, or 
acts of uncleanness either in ourselves or others. 

Q. 142. What are the sins forbidden in the eighth commandment ? 
A. The sins forbidden in the eighth commandment, beside the neglect 
of the duties required, are, theft, robbery, man -stealing, and receiving 
any thing that is stolen ; fraudulent dealing ; false weights and measures ; 
removing landmarks; injustice and unfaithfulness in contracts between 
man and man, or in matters of trust; oppression; extortion; usury; 
bribery; vexatious law-suits; unjust enclosures and depredation; engross- 
ing commodities to enhance the price, unlawful callings, and all other 
unjust or sinful ways of taking or withholding from our neighbor what 
belongs to him, or of enriching ourselves; covetousness ; inordinate 
prizing and affecting worldly goods; distrustful and distracting cares and 
studies in getting, keeping, and using them; envying at the prosperity 
of others: as likewise idleness, prodigality, wasteful gaming, and 
all other ways whereby we do unduly prejudice our own outward estate: 
and defrauding ourselves of the due use and comfort of that estate 
which God hath given us. 

Q. 145. What are the sins forbidden in the ninth commandment f 
A. The sins forbidden in the ninth commandment are, all prejudicing 
of the truth, and the good name of our neighbors as well as our own, 
especially in public judicature; giving false evidence; suborning false 
witnesses ; wittingly appearing and pleading for an evil cause ; outfacing 
and overbearing the truth; passing unjust sentence; calling evil good, 
and good evil ; rewarding the wicked according to the work of the righte- 
ous, and the righteous according to the work of the wicked ; forgery ; 
concealing the truth; undue silence in a just cause, and holding our 
peace when iniquity calleth for either a reproof from ourselves, or com- 
plaint to others ; speaking the truth unseasonably, or maliciously to a 
wrong end, or perverting it to a wrong meaning, or in doubtful and 
equivocal expression, to the prejudice of truth or justice; speaking 
untruth; lying; slandering; backbiting; detracting; tale-bearing; whis- 
pering; scoffing; reviling; rash, harsh, and partial censuring; miscon- 
structing intentions, words, and actions; flattering; vain-glorious boast- 
ing; thinking or speaking too highly or too meanly of ourselves or others; 
denying the gifts and graces of God ; aggravating smaller faults ; hiding, 
excusing, or extenuating of sins, when called to a free confession ; unnec- 
essarily discovering of infirmities; raising false rumors; receiving and 
countenancing evil reports, and stopping our ears against just defence; 
evil suspicion; envying or grieving at the deserved credit of any, 
endeavoring or desiring to impair it, rejoicing in their disgrace and 
infamy ; scornful contempt ; fond admiration ; breach of lawful promises ; 
neglecting such things as are of good report; and practicing or not avoid- 
ing ourselves, or not hindering what we can in others, such things as 
procure an ill name. 

Q. 148. What are the sins forbidden in the tenth commandment f 
A. The sins forbidden in the tenth commandment are, discontentment 
with our own estate ; envying, and grieving at the good of our neighbor, 
together with all inordinate motions and affections to any thing that is his. 

V. All children born within the pale of the visible Church are mem- 
bers of the Church, are to be baptized, are under the care of the Church, 



OF THE PARTIES IN CASES OF PROCESS. 635 

and subject to its government and discipline; and when they have arrived 
at years of discretion, they are bound to perform all the duties of church 
members. 

[Note. — See in fall under Directory for Worship, Chap, viii, Sec. i-iii, and Chap, x, 
Sec. i, p. 845. In 1884, Sec. 5 was adopted as follows : 

5. All baptized persons are members of the Church, are under its care, and subject 
to its government and discipline. When baptized children arrive at the years of 
discretion, they are bound to perform all the duties of church members. — 1884, p. 27. 
In 1885, Sec. v was adopted as above.— 1885, p. 601.] 



CHAPTER II. 
OF THE PARTIES IN CASES OF PROCESS. 

VI. Process against an alleged offender shall not be commenced unless 
some person undertakes to sustain the charge; or unless a judicatory finds 
it necessary for the ends of discipline to investigate the alleged offence. 

VII. An offence, gross in itself, may have been committed in such 
circumstances, that plainly the offender cannot be prosecuted to convic- 
tion. In all such cases, it is better to wait until God, in his righteous 
providence, shall give further light, than, by unavailing prosecution, to 
weaken the force of discipline. 

VIII. No prosecution shall be allowed in a case of alleged personal 
injury, where the injured party is the prosecutor, unless those means of 
reconciliation have been tried, which are required by our Lord, Matthew 
xviii, 15-17: " If thy brother shall trespass against thee, go and tell 
him his fault between thee and him alone : if he shall hear thee, thou 
hast gained thy brother. But if he will not hear thee, then take with 
thee one or two more, that in the mouth of two or three witnesses every 
word may be established. And if he*shall neglect to hear them, tell it 
unto the Church." 

1. No testimony may be introduced injurious to parties 
not on trial. 

a. An overture on a case of discipline was taken up, and is as follows: 
Suppose a member of the Church is on trial, and his accuser is " Com- 
mon Fame. ' ' * One specification against him is, ' ' Speaking evil of his 
brethren A and B, while he neglects to take any Gospel steps to bring 
them to repentance or to trial." 

The specification is abundantly sustained by testimony, but the person 
on trial proposes to introduce testimony to prove that the reports which 
he circulated, and the opinions which he pronounced derogatory to the 
brethren named, were true. Has the accused a right to introduce such 
testimony tending to injure the character of parties not on trial, nor 
connected at all with the prosecution, and having no opportunity for 
defence ? 

* Common Fame, since the adoption of the Revised Book of Discipline, is no longer 
a ground of process. The principle, however, set forth in the above deliverance holds 
in all cases of prosecution. See Book of Discipline, Chap, ii, Sec. vi, Clause 2, p. 635.] 



636 BOOK OF DISCIPLINE, SECT. 8-12. 

Would the Session be authorized to reject such testimony, on the 
ground that if introduced it would not exculpate the accused, inasmuch 
as he had no right to circulate evil reports against his brethren, whether 
true or false, while neglecting to bring them to trial ? 

To this the following answer was given : 

The person on trial under charges tabled on the ground of " Common 
Fame ' ' has no right to introduce testimony which inculpates his brethren 
who are not on trial, and who have no opportunity to defend them- 
selves, because it was his previous duty to take proper steps, if the 
persons are guilty of the evils which he had alleged against them, to 
bring them to repentance or free the church from the scandal. — 1852, 
p. 177, N. S. 

b. The Committee to which was referred the petition of certain indi- 
viduals, members of the congregation in Tammany street, Baltimore, 
reported, and their report, being read and amended, was adopted, and is 
as follows, viz. : 

That while it is unquestionably the privilege of individuals and mem- 
bers of the Presbyterian Church, when they think they see the peace, 
purity or prosperity of the Church in danger, either from an individual 
or from an inferior court, to apply to the General Assembly in an orderly 
manner for redress or direction, yet, in such cases, unless they mean to 
come forward as prosecutors with the necessary testimony, they should most 
carefully avoid mentioning names connected with charges of the most 
serious kind, in support of which no evidence has been orderly adduced ; 
nor have the individuals thus accused had an opportunity of replying to 
those charges, or of making any defence of themselves. The Assembly, 
therefore, cannot witness a procedure of this kind without expressing 
their disapprobation of it. — 1824, p. 113. 

C. Resolved, That the Assembly sustain the appeals of the Session of 
the Church of Bloomington, and of Dr. Wylie, against a decision of 
the Synod of Indiana, and the judgment of the Presbytery and Session 
is hereby confirmed, on the ground that Mr. Harney circulated evil 
reports against Dr. Wylie, without showing that he did it in the due 
performance of some indispensable duty; but it is the judgment of this 
Assembly that Mr. Harney shall still have the privilege, if he desire it, 
of commencing a prosecution against Dr. Wylie before the Presbytery of 
Vincennes, and in such case, said Presbytery are hereby authorized and 
directed to hear the whole case and issue the same in a constitutional 
way."— 1834, p. 443. 

IX. The course prescribed by the preceding section shall not be 
required when the prosecution is initiated by a judicatory ; but in all such 
cases, and in every case of prosecution by a private person other than 
the injured party, effort should be made, by private conference with the 
accused, to avoid, if possible, the necessity of actual process. 

X. When the prosecution is initiated by a judicatory, the Presby- 
terian Church in the United States of America shall be the 
prosecutor, and an original party ; in all other cases, the individual prose- 
cutor shall be an original party. 

[Note. — See under next Section.] 

XI. When the prosecution is initiated by a judicatory, it shall appoint 



OF THE PARTIES IN CASES OF PROCESS. 637 

one or more of its own members a committee to conduct the prosecution 
in all its stages in whatever judicatory, until the final issue be reached: 
provided, that any appellate judicatory before which the case is pending 
shall, if desired by the prosecuting committee, appoint one or more of 
its own members to assist in the prosecution, upon the nomination of the 
prosecuting committee. 

1. The right of the Prosecuting Committee to appeal and to conduct 
the prosecution as representing an original party maintained. 

a. The Judicial Committee presented its report in the case of the 
Presbyterian Church in the U. S. A. vs. Rev. Charles A. Briggs, D.D. , 
which was accepted, as follows: 

The Judicial Committee respectfully reports that it has carefully con- 
sidered the documents submitted to it in this case, and adopted the 
following resolutions: 

1. That, in the opinion of this Committee, the appeal taken by the 
Presbyterian Church in the United States of America, an original party 
represented by the ' ' Committee of Prosecution, ' ' appointed under Sec- 
tion xi of the Book of Discipline, has been taken from the final judg- 
ment of the Presbytery in dismissing the case ; and that the said Com- 
mittee had the right to take this appeal representing the said original 
party.— 1892, p. 90. 

[Note.— For protest against this action of the Assembly, see Minutes, 1892, p. 205.] 

b. In the case of the Presbyterian Church in the United States of 
America against the Rev. Charles A. Briggs, D. D. , being an appeal to 
the General Assembly from a decision and final judgment of the Presby- 
tery of New York, rendered January 9, 1893, the Judicial Committee 
beg leave respectfully to report that they have examined the papers 
pertaining to this case, and find: 

1. That the appellant in this case is the Presbyterian Church in the 
United States of America, represented by its Prosecuting Committee, 
appointed by the Presbytery of New York, and, as such appellant, has 
a right of appeal to this Assembly as an original party, and said Prose- 
cuting Committee is entitled to conduct the prosecution, in all its stages, 
in whatever judicatory, until the final issue be reached. — 1893, p. 104. 

C. In the case of the Presbyterian Church in the United States of 
America against Rev. Henry Preserved Smith, D.D., being the appeal 
to the General Assembly from the decision, action and judgment of the 
Synod of Ohio, rendered October 13, 1893, we have examined the 
papers and conferred with the parties. 

We find that the appellant is Rev. Henry Preserved Smith, D.D., 
and as such appellant he has the right to appeal to the General Assem- 
bly, the case being one of that nature in which the appeal may be taken 
to the highest court of the Church, and we find that the Committee to 
conduct the prosecution appointed by the Presbytery of Cincinnati, in 
which Presbytery the case arose, has the right to conduct the prosecu- 
tion, and hence to appear for the Presbyterian Church, the appellee in 
this court.— 1894, p. 90. 

XII. If one, who considers himself slandered, requests an investiga- 
tion which a judicatory finds it proper to institute, one or more of its 



638 BOOK OF DISCIPLINE, SECT. 11-14. 

members shall be appointed to investigate the alleged slander, and make 
report in writing: and a record thereafter made may conclude the 
matter. 

1. Such investigation is at the discretion of the Presbytery, subject 
to review as to misuse or abuse. 

A complaint of Rev. Arthur Crosby vs. the Synod of Long Island. 
Mr. Crosby complains against the action of the Synod of Long Island, 
October 19, 1880, in adopting the following resolution, viz. : 

Whereas, The decision of the Presbytery of Brooklyn, referred to in 
the complaint of Rev. Arthur Crosby and others, relates to a matter 
which it belonged to the Presbytery to determine; and, 

Whereas, This decision is not for this reason a legitimate ground of 
complaint, or a proper subject of review by the Synod on complaint; 
therefore, 

Resolved, That the complaint be dismissed. 

Your Committee find the papers in order. But recommend that the 
complaint be dismissed, for the following reasons, viz. : 

1. That, upon the facts stated by the Presbytery as the basis of its 
action, the question, whether the investigation asked for should be entered 
upon or not, was one to be determined in the exercise of a sound discre- 
tion on the part of the Presbytery (Book of Discipline, Old, Chap, iii, 
Sec. vi). 

2. That while the misuse or abuse of discretionary power is review- 
able, its use, in this instance, seems to have been in regard to a subject 
fairly within its range, and unobjectionable in its manner. Adopted. — 
1881, p. 586. 

XIII. Great caution ought to be exercised in receiving accusations 
from any person who is known to indulge a malignant spirit toward the 
accused, or who is not of good character, or who is himself under censure 
or process, or who is personally interested in any respect in the conviction 
of the accused, or who is known to be litigious, rash, or highly imprudent. 

1. Admonition to prosecutors. 

And the Assembly judge it more necessary to admonish Mr. Gal- 
braith, and all those who have been and now are connected with him in 
any controversy with Mr. Balch, not to cherish a spirit of litigation, 
malevolence and discord equally contrary to the general tenor of the 
Gospel and to the peace and harmony of that branch of the Church with 
which they are connected; in particular that they withdraw, agreeably 
to their engagements to the Synod of the Carolinas, the civil suits which 
they have commenced, and comply with the whole recommendation of 
the Synod on that subject. On the whole, the Assembly hope aud trust 
that all the parties in this concern will feel the solemn obligations which 
lie upon them as professed disciples of the meek and lowly Jesus not to 
indulge a rancorous spirit, nor to rend and divide His Church by the 
indulgence of a haughty, uncomplying and unforgiving temper, but to 
unite mutually and cordially in endeavoring to close the wounds which 
they have unhappily opened, over which they have so much reason to 
mourn, and which we exhort and conjure them not to aggravate, but by 
every gentle and tender application to endeavor to heal. — 1798, p. 159. 



OF THE PARTIES IN CASES OF PROCESS. 639 

XIV. Any person who appears as a prosecutor, without appointment 
by the judicatory, shall be warned before the charges are presented, that, 
if he fail to show probable cause for the charges, he must himself be 
censured, as a slanderer of the brethren, in proportion to the malignancy 
or rashness which may appear in the prosecution. 

1. Failure to show probable cause for charges involves censure 

for slander. 

a. An appeal by Mr. William L. McCalla from a decision of the 
Synod of Kentucky, in which decision the Synod declared, that Mr. 
McCalla had failed to prove certain charges which he had brought 
against the Rev. James Blythe, was resumed. 

Resolved, That the judgment of the Synod of Kentucky, with respect 
to the charges brought by Mr. William L.. McCalla against the Rev. 
James Blythe, be and it hereby is affirmed. — 1815, p. 596. 

b. The complaint of J. W. Davidson, W. C. Koons and J. McElhinny, 
against the Synod of Baltimore. 

This case originated in the Presbytery of Carlisle, as the result of the 
trial of a minister, by which the complainants were severely censured for 
presenting a certain paper containing allegations against the character of 
the said minister, which allegations, though not tabled as charges, were 
adjudged to be slanderous. 

The parties censured complained to the Synod of Baltimore, and the 
complaint was " sustained in part," by a vote of 17 to 12. 

The Synod, in its final minute, still inflict a modified censure, of which 
the said Davidson, Koons and McElhinny complained to the last General 
Assembly. This last complaint was laid over to this Assembly, to enable 
the complainants to correct an informality; which they have since done. 

The Committee report the case in order, and recommend that it be 
taken up according to the directions of the Book of Discipline. 

The Committee recommend, that the only part of the record to be read 
in evidence be the paper originally read to the Presbytery of Carlisle, at 
Newville; and this may be waived by the parties agreeing; that the paper 
contains charges, which, if true, would be scandalous. This recommen- 
dation is based on the following reasons : 

I. That it is found by the Synod, in their judgment, that the paper 
presented by complainants was so presented by them without their being 
prepared to table charges, or to appear as prosecutors, and that they 
refused to appear as accusers after having presented such a paper. 

II. In the complaint presented to us, these findings of the Synod are 
admitted, in that the complainants allege (as the ground of their com- 
plaint in this regard) that the Synod decided that the paper presented at 
Newville by the complainants, was of such a character that it should 
not have been presented, unless the parties presenting it were prepared to 
table charges upon it ; when, in fact, as they allege, it was but an offer 
to aid Presbytery in investigating the difficulty in the congregation of 
Big Spring, to which complainants belonged, and not as the ground of 
charges. Thus it will be seen that they not only admit such findings of 
the Synod, but distinctly allege another and different reason in justifica- 
tion of such presentation, viz., that it was but an offer to aid Presbytery, 
etc. 

III. If it be claimed, on the second ground of appeal, that the testi- 



640 BOOK OF DISCIPLINE, SECT. 14-17. 

mony adduced on the original trial be read before the Assembly, then 
we say that it should not be read, for the following reasons: 

1. The accused minister, after a trial (declared by the Synod to be 
fair and impartial) was acquitted by the Presbytery, and no appeal was 
taken from such judgment of acquittal; so that the same thereby long 
since became final and absolute, and this Assembly has no power to 
reverse this judgment of the Presbytery, for the purpose of relieving 
these complainants from the censure of the Synod; to do so would be 
to pronounce two conflicting and contrary judgments upon the same 
evidence. 

2. Because it has been already adjudicated, in the case of William S. 
McDowell (Assembly's Digest, Baird, rev. ed., p. 159), that " no 
discussion ought to be allowed (involving the character of an absent 
person) in his absence," much more should this rule be applied to the 
exclusion of the remaining record, in this case, from its peculiar charac- 
ter, and all the circumstances attending it. 

Resolved, That the judgment of the Synod of Baltimore be sustained 
pro forma, and the paper of E. Thompson Baird be admitted to record. 
—1860, pp. 31, 35, O. S. 

2. The character of one absent and not on trial— not to be 
impeached. 

Resolved, That no discussion ought to be allowed which may involve 
the character of Mr. McDowell in his absence. — 1823, p. 74. 

3. Censure for slander may not be inflicted upon a private prosecutor 
unless the case be fully issued. 

In the complaint of John Mack et al. against a decision of the Synod 
of Illinois, the Assembly, inter alia, declare: The action of the Presby- 
tery upon a certain resolution was extra-judicial. 

Our Book of Discipline (Old), Chap, v, Sec. vii, pronounces a man a 
slanderer who, on trial, fails to make good his charges. 

S. L. Hobson was censured as a slanderer without the court reaching 
by trial the point contemplated by our Book. — 1867, p. 355, O. S. 

[Note. — The revised Book of Discipline directs censure for slander only when the 
prosecutor fails to show probable cause, as in Sec. xiv, above, p. 639.] 



CHAPTER III. 
OF CHARGES AND SPECIFICATIONS. 

XV. The charge shall set forth the alleged offence ; and the specifica- 
tions shall set forth the facts relied upon to sustain the charge. Each 
specification shall declare, as far as possible, the time, place, and circum- 
stances, and shall be accompanied with the names of the witnesses to be 
cited for its support. 

1. The charge must be specific. 

Mr. Ewing complains against the Commission that they received 
charges against him which were vague and indeterminate. The Synod 



OF CHARGES AND SPECIFICATIONS. 641 

agrees that these charges were rather deficient in point of specialty, but 
are of opinion that the Commission acted with prudence and integrity in 
receiving said charges, inasmuch as they endeavored to reduce them to a 
specialty, and as Mr. Ewing submitted so far as to plead to them, and as 
the particular circumstances of the First and Third Presbyterian congre- 
gations in Philadelphia were viewed by them as so critical as in their 
judgment required an immediate discussion of the affair. 

Yet the Synod orders that all their judicatures shall for the future be 
particularly careful not to receive or judge of any charges but such as 
shall be seasonably reduced to a specialty in the complaint laid before 
them.— 1770, p. 406. 

2. All charges in cases of heresy, should be as definite as possible. 

a. There was a great deficiency in the charges preferred against Mr. 
Craighead as it relates to precision. All charges for heresy should be as 
definite as possible. The article or articles of faith impugned should be 
specified, and the words supposed to be heretical shown to be in repug- 
nance to these articles, whether the reference is made directly to the 
Scripture as a standard of orthodoxy, or to the Confession of Faith, 
which our Church holds to be a summary of the doctrines of Scripture. 
But in none of the charges against Mr. Craighead is this done, and in 
two of them (third and fourth) it would be very difficult to say what 
articles of faith are supposed to be contravened in the errors charged on 
Mr. Craighead. And the last two charges appear to be so vague and 
indefinite as to be incapable of proof. In the fifth Mr. Craighead is 
charged with perverting, etc. , the sentiments of the preachers and writers 
in our connection. Now, in our connection there are a multitude of 
preachers and writers differing by many shades of opinion from each 
other. How, then, can this be a just ground of accusation ? In the 
sixth he is charged with the false coloring of facts, etc. But no facts 
are established by evidence, none are specified in the charge ; and to 
make it a just ground of accusation, it ought to have been a designed 
and malicious discoloring of the facts, etc. — 1824, p. 121. 

b. The Assembly would further advise that all the charges against 
Mr. Spillman which may be wanting in definiteness be made, if practi- 
cable, more specific, so that they may be conformable to the directions 
of the Book of Discipline.— 1860, p. 46, O. S. 

[Note. — See for formal charges, in this Digest, p. 47, and p. 58.] 

XVI. A charge shall not allege more than one offence; several charges 
against the same person, however, with the specifications under each of 
them, may be presented to the judicatory at one and the same time, and 
may, in the discretion of the judicatory, be tried together. But, when 
several charges are tried at the same time, a vote on each charge must be 
separately taken. 

[Xote. — See Book of Discipline, Chap, iv, Sec. xxiii, p. 651.] 

XVII. In all cases of alleged personal injury, where the prosecution is 
by the injured person or persons, the charge must be accompanied by an 
averment, that the course prescribed by our Lord, Matt, xviii. 15-17, 
has been faithfully tried. 

41 



642 BOOK OF DISCIPLINE, SECT. 18-21. 

CHAPTER IV. 

OF PROCESS: GENERAL RULES PERTAINING 

TO ALL CASES. 

XVIII. Original jurisdiction, in relation to Ministers, pertains to the 
Presbytery ; in relation to others, to the Session. But the higher judica- 
tories may institute process in cases in which the lower have been directed 
so to do, and have refused or neglected to obey. 

[Note. — As adopted in 1884, after the word "ministers" were the words "and 
acting ruling elders," which were stricken out. — 1885, p. 601.] 

XIX. When a judicatory enters on the consideration of an alleged 
offence, the charge and specifications, which shall be in writing, shall be 
read; and nothing more shall be done at that meeting, unless by consent 
of parties, than to furnish the accused with a copy of the charge and 
specifications, together with the names of all the witnesses then known 
to support each specification; and to cite all concerned to appear at a 
subsequent meeting of the judicatory, to be held not less than ten days 
after the service of the citations. The citations shall be signed, in the 
name "of the judicatory, by the moderator, or clerk; who shall, also, 
furnish citations for such witnesses as either party shall name. The 
accused shall not be required to disclose the names of his witnesses. 

1. Censure without trial is unconstitutional. 

a. Resolved, As the sense of this house, that no man or body of men, 
agreeably to the Constitution of this Church, ought to be condemned or 
censured without having notice of the accusation against him or them 
and notice given for trial; and therefore, that if the General Assembly 
of last year meant by the minute in question to pass a censure on the 
Presbytery of Lewes, it was informal. — 1793, p. 71. 

b. There was an error in the Synod of North Carolina in expressing 
a judicial opinion in relation to charges against Mr. Da vies which did 
not come before them. — 1849, p. 264, O. S. 

2. A judicatory may not suspend without trial. 

The Committee appointed to examine the records of the Synod of the 
Carolinas reported, and the book was approved, with the exception of 
the resolution to make a minister liable to suspension without trial for 
three years' absence from Synod, without sending forward his reasons 
for absence. — 1811, p. 468. 

3. Censure upon an absent person without citation disapproved of. 

The Assembly, moreover, cannot forbear expressing their regret that 
the Presbytery of Washington should have passed a vote of censure 
upon Mr. McCalla without citing him to appear before them or giving 
him any opportunity of making a defence, since this mode of proceeding 
seems to have occasioned a portion of the irregularity in the Presbytery 
of West Lexington, of which the Presbytery of Washington have com- 
plained.— 1821, p. 21. 



GENERAL RULES PERTAINING TO ALL CASES. 643 

4. Exclusion from the pulpit or from communion may not be 
without trial and conviction. 

Whereas, It appears from memorials sent up to this Assembly, that 
severa] of our Presbyteries have adopted resolutions excluding slave- 
holders from their pulpits and from their communion: And whereas, 
Our Constitution requires that no member of the Presbyterian Church 
shall be thus disfranchised without a regular trial and conviction, 
.... therefore, 

Resolved, That the said Presbyteries be requested to rescind such reso- 
lutions.— 1840, p. 24, N. S. 

5. The accused may not be required to declare what he expects 
to prove by his witnesses. 

The Judicial Committee, in reference to the case of J. H. Spillman 
against the Synod of Kentucky, recommend to the General Assembly 
the adoption of the following minute disposing of the same : 

While this General Assembly do not undertake to reverse the decision 
of the Synod of Kentucky against Mr. J. H. Spillman, it cannot be 
doubted — for it is admitted by the Synod's and the Presbytery's repre- 
sentatives here — that there were some informalities in the proceedings of 
the lower courts against Mr. Spillman, which this General Assembly is 
bound to disapprove; in particular, that the Session had no right to insist 
upon Mr. Spillman' s making known beforehand what he expected to 
prove by his witnesses as the condition upon which he should be allowed 
to proceed in the examination. — 1860, p. 45, O. S. 

XX. Citations shall be served personally, unless the person to be 
cited cannot be found, in which case the citation shall be sent to his last 
known place of residence ; and, before proceeding to trial, it must appear 
that the citations have been served. 

XXL If an accused person refuses to obey a citation, a second citation 
shall issue, accompanied by a notice that, if he do not appear at the time 
appointed, unless providentially hindered, he will be censured for his 
contumacy, according to the subsequent provisions of the Book of Disci- 
pline. (See sees, xxxiii, xxxviii andxlvi.) If he does not then appear, 
the judicatory may proceed to trial and judgment in his absence; in 
which case it shall appoint some person to represent him as counsel. The 
time allowed for his appearance, on any citation subsequent to the first, 
shall be determined by the judicatory, with proper regard for all the 
circumstances. The same rule, as to the time allowed for appearance, 
shall apply to all witnesses cited at the request of either party. 

1. Contumacy not to be hastily inferred. One may excuse himself by 

letter. 

In the progress of this case, the Presbytery proceeded regularly to cite 
the accused, once and again ; and upon his not appearing, they proceeded 
to the trial, and having gone through the evidence they referred the 
whole to the Synod to adjudicate upon it, with the expression of their 
own opinion that Mr. Craighead ought to be suspended. The Synod 
met immediately after Presbytery, and took up the case, and, in concur- 



644 BOOK OF DISCIPLINE, SECT. 21. 

rence with the opinion of the Presbytery, suspended Mr. Craighead from 
the Gospel ministry. 

In this proceeding the General Assembly are of opinion that there was 
too much haste. Mr. Craighead was not guilty of contumacy, for he 
wrote two letters to the Presbytery excusing himself for non-attendance ; 
and if he had been guilty of contumacy, he ought to have been sus- 
pended on that ground. — 1824, p. 121. 

2. Contumacy not to be charged on first citation. 
The Assembly sustained the appeal of Mr. Arthur from the sentence 
of the Presbytery, by which he was suspended from the Gospel ministry 
on the ground of contumacy, because the Presbytery appear to have 
been precipitate, and not to have observed the constitutional rules. 
They deem, too, the request of Mr. Arthur for a copy of the first sen- 
tence to have been reasonable, and that it ought to have been complied 
with.— 1822, p. 53. 

[Note. — See Book of Discipline iv, Sees, xxxiii and xxxviii.] 

3. Contumacious person may be restored on submission. 

The Committee to whom was referred the appeal of Mrs. Maria Hill 
from the decision of the Synod of Albany, at their stated meeting at 
Catskill, in her case respectfully report: 

That after examining the documents presented, and hearing the state- 
ments of the parties, by themselves or counsel, your Committee are satis- 
fied that substantial justice has been done in their case. 

The alleged irregularities in the lower judicatories, which are com- 
plained of, are of a technical character, or caused by the course pursued 
by the appellant or her agents. She could, at any time, have arrested the 
proceedings, and prevented a conviction of contumacy, by submitting to 
the authority of her Session, and answering their citations ; and can now, 
at any moment, reverse the sentence and be restored, in the manner pro- 
vided by the tenth article of the fourth chapter of our Book of Disci- 
pline (Old). 

Your Committee, therefore, recommend that the appeal of Mrs. Maria 
Hill be not sustained. Adopted as the decision of this Assembly. — 1864, 
p. 504, N. S. 

4. To proceed in the absence of the accused, without a second cita- 
tion, irregular; but the right to complain waived by appearing 
afterward and pleading. 

An appeal of Mr. William McElwee from the action of the Synod of 
Toledo, for sustaining the Presbytery of Maumee in refusing to furnish 
him with the usual letter of good standing and transfer to the Presbytery 
of Philadelphia. The Committee report that it appears from the papers 
put in their hands that Mr. McElwee was charged with a heinous crime, 
of which he made a written confession ; that the Presbytery took action 
upon this charge, and issued a citation for Mr. McElwee to answer to 
it, the same being sent to him through the post-office. When the Pres- 
bytery met, the accused did not appear, but this written confession was 
presented, together with testimony that it was signed by him in the pres- 
ence of witnesses, and with the understanding that it was to be made use 
of in the Presbytery. Under the circumstances the Presbytery judged 
that it was not necessary to cite him a second time, but thought them- 



GENERAL RULES PERTAINING TO ALL CASES. 645 

selves authorized to proceed as though he had been present. They there- 
fore proceeded, deposed Mr. McElwee from the ministry, and suspended 
him from the Church. Some time after this Mr. McElwee asked the 
Presbytery to remove his deposition, restore him to his former good 
standing and dismiss him to another Presbytery. He asked this on the 
ground that he was deeply penitent for the sin of which he had been 
guilty ; and the request was concurred in by several other persons. 

The Presbytery refused to restore him, and this action the Synod 
sustained. Mr. McElwee complains that the Presbytery adjudicated the 
case in his absence and without a second citation. The Committee are 
of the opinion that the Presbytery acted irregularly in disposing of this 
case in the absence of the complainant and without a second citation. 
But they are of the further opinion that the complainant waived his 
further right to complain by afterward appearing before Presbytery, 
confessing his guilt, and asking to be restored. And while a sentence of 
deposition from the Gospel ministry and suspension from the communion 
of the Church may be removed upon evidence of repentance, of the 
genuineness of such repentance the Presbytery alone are to judge. Nor 
is there any evidence that the Presbytery misjudged. The Committee 
recommend that the case be dismissed. Adopted. — 1875, pp. 511, 512. 

5. In the absence of the accused, counsel must be assigned. 

But the appeal from the first sentence, by which the charge of slander 
preferred against him by the Rev. Joshua L. Wilson was declared to be 
substantiated and Mr. Arthur required to submit to a rebuke, the Assem- 
bly could not sustain. For, although the Assembly noticed the omission 
of Presbytery to assign Mr. Arthur counsel to manage his defence (see 
Discipline (Old), Chap, iv, Sec. xiii), yet they did judge the pamphlet, 
of which Mr. Arthur admitted himself to be the author, to contain slan- 
der against Mr. Wilson, and could not but disapprove of the spirit under 
the influence of which it appeared to have been written. — 1822, p. 53. 

[Note. — See Book of Discipline, Sec. xxvi, p. 654.] 

6. When the judicatory has taken the testimony as above, it may 
proceed to trial and final judgment as if the accused were 
present. 

[Note. — The Assembly of 1865 (N. S.) appointed a Special Committee— Rev. Samuel 
W. Fisher, D.D., Rev. Thomas Brainerd, D.D., Rev. Ezra E. Adams, D.D., Hon. 
William Strong, LL.D., and Hon. Joseph Allison, LL.D. — to report to the next As- 
sembly. See Minutes, 1865, p. 49. Their report was presented the next year and was 
adopted. The principles of this deliverance are affirmed in the last clause of Sec. xxi, 
p. 643.] 

The undersigned, a Special Committee, to whom was referred Overture 
No. 14 by the General Assembly of 1865, together with the report of a 
former Committee thereon, and who were instructed to report to the pres- 
ent Assembly, respectfully submit the following: 

The overture is in these words: " When the judicatory have proceeded, 
in accordance with Chap, iv, Sec. xiii, of the Book of Discipline (Old), 
to take the testimony in the case of an accused person, may they proceed 
to pass judgment thereon as if he were present, or shall he be left simply 
under censure for contumacy ?' ' 

The question thus presented is exclusively one of power. It is not 
whether, in all cases, it is advisable that a Church judicatory should pro- 
ceed to a final determination of the case; nor is it what has been the 
usage in some of the tribunals of the Church ; but it is strictly, What 



646 BOOK OF DISCIPLINE, SECT. 21. 

does the Book of Discipline authorize ? It is freely admitted that a long 
course of usage under a statute is no inconsiderable evidence of the 
meaning of that statute; but it must be a usage growing out of the enact- 
ment itself, and claimed to have been authorized by it. Mere neglect to 
exercise powers conferred is no proof that they were not granted. Had 
the fathers of the Church generally decided that, by the fourth chapter 
of the Book of Discipline (Old), no power is recognized in a judicatory 
to proceed to the trial of an accused person when he has refused to obey 
its citations, that his contumacious refusal must arrest all steps to purify 
the Church of the offence charged, beyond taking evidence to prove that 
offence, and had such a construction of the Book been generally accepted, 
it ought to have weight in answer to this overture. But there is no 
evidence that any such judicial construction has been generally given to 
the language of the Book. Undoubtedly there have been differences of 
opinion, and, possibly, it may have been decided in some judicatory, that 
jurisdiction over an offence charged is necessarily suspended, whenever an 
accused person disobeys the citations; but this is of little value in deter- 
mining what the framers of the Book of Discipline meant by its direc- 
tions respecting process, trial and judgment. It is much more important 
that, in certain cases, where the proof is clear, as where the accused has 
confessed his guilt, or where he has been convicted of violating the civil 
law and has absconded, church Sessions have been accustomed to proceed 
to trial and judgment, notwithstanding a refusal of the accused to appear 
in answer to citations. Such cases are judicial assertions of power, never 
denied, so far as we are informed. 

But there is not enough in judicial decision nor in authoritative usage 
to settle the question. After all, it must be answered from the Book; 
and the true inquiry is, What is the fair interpretation of the rules laid 
down in the fourth chapter ? A universally recognized rule of construc- 
tion is that, when the purpose of a statute is clear, the means given for 
effectuating it are to be interpreted with reference to the purpose, and, 
if possible, so as to secure its accomplishment. Now the ends of discipline 
are clearly denned. They are declared, by the second section of the 
first chapter, to be " the removal of offences, the vindication of the 
honor of Christ, the promotion of the purity and general edification of 
the Church, and also the benefit of the offender himself. ' ' The fourth 
chapter contains the directions given to Church judicatories, by which 
these ends are to be secured. Manifestly, they were intended to be a 
complete and efficient system adequate to the purposes in view. If they 
fail of that, the avowed object of their framers is defeated. Then there 
is no power to remove an offence in any case where the alleged offender 
refuses to submit himself to trial. Plainly, it is the offence charged which 
is sought to be removed, either by bringing the offender to repentance, or 
by the judgment of the Church upon it, and ultimately, if necessary, 
removing the offender. It is from that offence the Church is to be 
purified, and the honor of Christ vindicated, for by that offence the evil 
has been done. Anything that comes short of discipline for that, fails 
of accomplishing the avowed purposes for which the directions of the 
fourth chapter were prescribed. Contumacious disobedience of citations 
is another distinct offence, punishment for which is entirely collateral to 
discipline for the cause that induced the commencement of the process. 
It is contempt of the lawful authority of the Church, and suspension for 
it is summary punishment for the collateral offence alone. Neither directly 



GENERAL RULES PERTAINING TO ALL CASES. 647 

nor indirectly is it an expression of opinion respecting the delinquent's 
guilt or innocence of the charge preferred originally against him. Sus- 
pension for contumacy would be proper, without regard to anything 
beyond it. It is quite conceivable that an accused person may willfully 
disobey citations and yet be innocent of the charges made against him. 
It certainly would be an anomaly in any judicial proceeding to hold 
that a penalty inflicted for a collateral offence vindicates the law against 
another and possibly much greater crime. 

If, therefore, the defined ends of discipline are to be secured, a church 
Session must have power to proceed to trial and judgment, though the 
accused person refuse to obey the citations duly served upon him ; and it 
is not to be concluded, without clear evidence, that means given to secure 
those ends are inadequate. When the meaning of the language used in 
the fourth chapter is sought, the best guide to it will be found in the 
paramount intention the language was designed to subserve. The 
directions given must be construed consistently with that intention; to 
further rather than to defeat it. Looking then to the sections of the 
fourth chapter, and regarding them as part of a system designed for the 
purposes above mentioned, to be interpreted so as to harmonize with 
those purposes as well as with each other, the conclusion seems inevitable 
that whenever an accusation has been made against a church member, 
and a church judicatory has entered judicially upon its consideration and 
obtained jurisdiction by serving of citations upon him, it may go on to 
final judgment, though he refuses to obey the citations. It is observable 
that the entire fourth chapter is but an outline of process. It does not 
undertake to prescribe minutely each step that may be taken. It does 
not even expressly authorize a judicatory to proceed to trial in any case. 
It rather assumes that, having taken judicial cognizance of the proceed- 
ing, the tribunal will go to trial and judgment. Like a writ of summons 
in a civil court, the citation is notice that the judicatory has assumed 
jurisdiction of the case, and that it mil proceed to its final determina- 
tion. When that notice has been given as prescribed, it is contemplated 
rather than expressly required that witnesses will be examined ; that a 
trial will be proceeded with, and that a judgment will be given. All 
these things are implied from what is directed respecting them. They 
are not affirmatively enjoined or even permitted. Thus it is said, ' ' wit- 
nesses shall be examined in the presence of the accused, or at least after he 
shall have received a citation to attend," and that he shall be permitted 
to ask any questions tending to his exculpation. This is a regulation of 
the mode of examination, not a direct gift of power to take testimony, 
yet the implication of power is irresistible. The fourteenth (20) section 
prescribes certain things before proceeding to trial; and the fifteenth 
(23) declares that the trial shall be fair and impartial; but nowhere is 
it said there shall be a trial. The sixteenth (24) section requires the 
judgment to be regularly entered on the record ; but no section in words 
authorizes a judgment. Everywhere it is assumed that these successive 
steps in a judicial proceeding may be taken. It would be a rash conclu- 
sion from the absence of a specific grant of these powers to deny any 
right to take testimony, to try and to give judgment. The powers are 
not only to be implied, but they are comprehensively given by the general 
provision of the first section, that " the judicatory shall judicially take 
the offence into consideration when all other means of removing it have 
failed ;' ' and they are included also in the directions to issue citations. 



648 BOOK OF DISCIPLINE, SECT. 21. 

Nor is there any substantial distinction made between cases in which the 
accused yields obedience to the citations and those in which he is contu- 
maciously disobedient. The thirteenth (21) section is the only one that is 
supposed to make a difference. By that a second citation is required, to 
be accompanied with a notice, that if the person cited do not appear at 
the time appointed, the judicatory, " besides censuring him for his contu- 
macy, will, after assigning some person to manage his defence, proceed to 
take the testimony in his case, as if he were present. ' ' It has sometimes 
been asked, if it was intended that the judicatory might proceed in such a 
case to final judgment, why was not notice required that they would thus 
proceed ? Why limit the notice to taking testimony ? These questions 
are easily answered. A notice that the judicatory will proceed to trial 
and decision would be unnecessary and superfluous. It has already been 
given in the assumption of jurisdiction over the case and in the citations; 
but notice of taking testimony is a different matter. Separate notice of 
that is generally given in all judicial proceedings. Its design is to give a 
party an opportunity to cross-examine the witnesses produced against 
him. And, as the judgment in all ecclesiastical courts must be founded 
upon evidence, as a judgment for default of appearance is not authorized, 
it is proper that the accused should have special notice of taking the 
testimony, though he may refuse to appear in answer to the citation. In 
fact, however, notice that the testimony will be taken is notice that the 
judicatory will go on with the trial ; for taking testimony is a part of 
trial, its first stage. Undue inferences are therefore drawn from the form 
of the notice, if it is supposed to indicate that the proceedings are to stay, 
when the testimony shall have been taken. At most, it raises but a 
very feeble implication that, because notice of one thing is required (a 
thing very peculiar in itself, and always demanding a special notice), 
therefore nothing else can be done. A similar mode of reasoning would 
render a trial in any case impossible. 

Moreover, the thirteenth (21) section affords strong affirmative evidence 
that a trial and judgment were contemplated by its framers, notwithstand- 
ing the refusal of the accused to obey the citations. The evidence is 
found in the notice that the judicatory will assign some person, not to 
appear for the accused at the examination of witnesses, but to ' ' manage 
his defence." The idea of defence in a judicial proceeding is insepar- 
able from answer or trial. If, therefore, the non-appearing accused has 
a defence to be managed, he has an answer to be put in, a trial to 
undergo. Taking testimony in support of the accusation is no part of 
the defence. Cross-examination of the witnesses may be a part, but the 
appointee of the judicatory is to manage the whole. 

It may also be argued that the provision for taking testimony at all, 
when an accused person fails to respond to the citation, implies that the 
case may proceed to a final determination. For what purpose take testi- 
mony if no action is to be based upon it ? If it be said to preserve it for 
use when the accused, repenting of his contumacy, may choose to appear 
for trial, it may be answered that no such purpose appears in the book. 
None of the provisions usual, when the object sought to be accomplished 
is the perpetuation of testimony, are even, hinted at. By the sixteenth 
section (24) the judgment is required to be entered upon the records of 
the judicatory, but nothing is said of the preservation of unused evi- 
dence. It is not even required to be reduced to writing, unless demanded 
by one of the parties. 



GENERAL RULES PERTAINING TO ALL CASES. 649 

It may also be argued from the language of the fourteenth (20) section 
that a trial for the offence charged is intended, though the citations have 
been disobeyed. In that section it is said that judicatories, "' before 
proceeding to trial, " ' * ought to ascertain that their citations have been 
duly served on the persons for whom they were intended. " If a person 
cited is in attendance, nothing is to be ascertained respecting the service 
of the citation. It is plain, therefore, that this injunction refers mainly 
at least to proceeding to trial of an absent accused, and it assumes that 
the judicatory will, after having assured itself of the service of the cita- 
tions, go on to adjudicate the case. This section is susceptible of no 
other meaning. 

A similar implication is found in the next section, the fifteenth (23), 
which declares that "the trial shall be fair and impartial," and that 
" the witnesses shall be examined in the presence of the accused, or, at 
least, after he shall have received due citation to attend. ' ' This is a 
regulation of the mode of trial, and it is expressly made applicable both 
to cases where the accused yields obedience to the citation and to cases 
where he does not. With these harmonize the sixteenth (24) section, 
which assumes that there will be a judgment, and the seventeenth (34), 
nineteenth (30) and twentieth (34) sections, prescribing the discipline 
to be adminstered in the event of conviction. The last of these directs 
excommunication in certain cases. Its fair interpretation evidently is 
that the ground of such extreme action is not contumacy in disobeying 
process, but the gross offence charged, to answer for which the accused 
had been cited. 

Taking all these sections into consideration, and regarding them as 
parts of one system, as having reference to the same subject-matter and 
designed to secure the ends avowed, the Committee are constrained to 
regard them as applicable to the course of proceeding through all the 
stages of trial alike in cases where the accused does not appear in obedi- 
ence to the citations as when he does. In both the judicatory is empow- 
ered to proceed to trial and to final judgment. 

To this conclusion an objection has sometimes been urged that at first 
mention seems to have some plausibility. It is that trial of a person in 
his absence and the rendition of judgment against him are in conflict 
with common right and justice; that even criminal courts in State govern- 
ments do not try offenders in their absence, and that ecclesiastical courts 
ought to avoid ex parte proceedings. The objection aims less at the 
power of a judicatory, as recognized by the Book of Discipline, than it 
does at the policy of exercising it. But it misapprehends what are 
acknowledged common right and justice, what are the proceedings of 
courts of law and equity in analogous cases, and what are ex parte pro- 
ceedings. Nowhere is it held that a man may not deny himself his 
plainest rights. While he may not be tried for an alleged offence with- 
out having an opportunity to be heard, he has no just cause to complain 
of a trial to which he has been summoned by a tribunal having jurisdic- 
tion, and which he has persistently refused to attend. In such a case it 
is he who throws away his own rights. They are not taken from him. 
This is a principle universally recognized in courts of civil law and of 
equity, and such courts go farther. They construe a refusal to obey 
process requiring an appearance as a substantia] confession of the com- 
plaint, and they render judgment accordingly. It is true, State courts 
having criminal jurisdiction do not try persons for crimes and misde- 



650 BOOK OF DISCIPLINE, SECT. 22-23. 

meanors in their absence. This is for two reasons: They have power to 
compel attendance, which ecclesiastical courts have not ; and the punish- 
ments they inflict affect the life, the liberty or the property of the con- 
victed criminal. In fact, they concern the life or the liberty of the 
accused ; for even if the penalty be only a fine, its payment is usually 
enforced by detention in custody until satisfaction be made. But 
ecclesiastical tribunals can pronounce no judgment that touches either the 
life, the liberty or the property of the accused. Their sentences are 
peculiar. Indeed, it is asserting a false analogy to assimilate a trial 
before a church Session to an indictment and trial in a criminal court. 
It bears a much stronger resemblance to proceedings very common in 
courts of law, in which members of associations or corporations are called 
upon to respond for some alleged breach of corporate duty, for which 
they are liable to be punished by the imposition of penalties, or by 
amotion from membership. In such cases, when the person summoned 
refuses to obey the mandate of the writ, courts proceed at once to dispose 
of his case and render final judgment. No one ever supposed that by so 
doing injustice was done or that any right of the accused was invaded. 
Much less can he complain who has been cited to answer an accusation 
taken into judicial cognizance by a Church judicatory and who has con- 
tumaciously refused to obey the citation, if the tribunal proceed to try 
the case, presuming nothing against him but contumacy from his refusal, 
but founding its judgment solely upon the testimony of witnesses. This 
objection, therefore, when examined, appears to be without substance. 

In conclusion, it remains only to recommend, as the opinion of the 
Committee, that the overture be answered by a declaration of the Assem- 
bly that in the case proposed the judicatory may proceed to trial and 
final judgment as if the accused were present. — 1866, pp. 283-288, N. 8. 

XXII. At the meeting at which the citations are returnable, the 
accused shall appear, or, if unable to be present, may appear by coun- 
sel. He may file objections to the regularity of the organization, or to 
the jurisdiction of the judicatory, or to the sufficiency of the charges and 
specifications in form or in legal effect, or any other substantial objection 
affecting the order or regularity of the proceeding, on which objections 
the parties shall be heard. The judicatory upon the filing such objections 
shall, or on its own motion may, determine all such preliminary objec- 
tions, and may dismiss the case, or permit, in the furtherance of justice, 
amendments to the specifications or charges not changing the general 
nature of the same. If the proceedings be found in order, and the 
charges and specifications be considered sufficient to put the accused on 
his defence, he shall plead ' ' guilty, " or " not guilty, ' ' to the same, which 
shall be entered on the record. If the plea be " guilty," the judicatory 
shall proceed to judgment; but if the plea be " not guilty," or if the 
accused decline to answer, a plea of ' ' not guilty ' ' shall be entered of 
record and the trial proceed. 

1. Judicial cases should be continued without interruption. , 

The Judicial Committee recommend this Assembly to adopt the rule of 
the last General Assembly (Minutes of 1864, p. 321), as follows: 



GENERAL RULES PERTAINING TO ALL CASES. 651 

Whereas, In the experience of this General Assembly and others the 
confusion arising from the frequent interruption of important business 
by other items of business wholly disconnected has greatly hindered the 
satisfactory interest and understanding of the members, as well as pro- 
tracted our proceedings; therefore, 

Resolved, That it be made a standing rule of the Assembly that all 
judicial cases be continued without interruption during the sessions of the 
day, after the Assembly shall have entered upon them, according to 
appointment, for the order of the day. — 1865, p. 535, O. S. 

[Note— This is the usage of the Assembly.— 1892, p. 118; 1893, p. 70.] 

XXIII. The witnesses shall be examined, and, if desired, cross- 
examined, and any other competent evidence introduced, at a meeting of 
which the accused shall be properly notified ; after which new witnesses 
and other evidence, in rebuttal only, may be introduced by either party. 
But evidence discovered during the progress of the trial, may be admitted, 
in behalf of either party, under such regulations, as to notice of the 
names of witnesses and the nature of the proof, as the judicatory shall 
deem reasonable and proper; and then the parties themselves shall be 
heard. The judicatory shall then go into private session — the parties, 
their counsel, and all other persons not members of the body, being 
excluded ; when, after careful deliberation, the judicatory shall proceed 
to vote on each specification and on each charge separately, and judgment 
shall be entered accordingly. 

1. The withdrawal of parties, counsel, etc., construed literally. 

a. The appeal of Mr. Joseph E. Bell, from a decision of the Presby- 
tery of Concord, suspending him from the office of the Gospel ministry, 
was taken up. 

The appellant having requested that some person may be appointed to 
manage his appeal, the Rev. N. S. S. Beman was accordingly appointed. 

The decision of the Presbytery appealed from, the reasons assigned by 
the appellant for his appeal, which were on record, and the whole record 
of the proceedings of the inferior judicatory in the case were read. 

After which, Mr. Beman, on behalf of Mr. Bell, was heard. The 
Presbytery of Concord was then heard by its delegate, in explanation of 
the grounds of its decision. 

Mr. Beman and the delegate from Concord then withdrew. The roll 
was then called, to give each member an opportunity to express his opin- 
ion ; after which the final vote was taken, and the appeal of Mr. Bell 
was sustained.— 1828, p. 238; see also 1836, p. 265. 

b. The Moderator having decided that the rule requiring the parties 
to withdraw should be understood in the obvious and literal sense, an 
appeal was taken from his decision, and the decision was sustained by a 
large majority. — 1848, p. 40, O. S. 

C. Judicial Case No. 2 was resumed, and the roll was called for an 
expression of opinions, the parties, with the appellant's counsel, having 
withdrawn from the house. — 1849, p. 262, O. S. 

d. The records of the Synod of Georgia were approved, with the 
exception that on p. 337 we have the following minute: " That the rule 
in the book requiring the members of the inferior judicatory to withdraw 



652 BOOK OF DISCIPLINE, SECT. 23-24. 

from the house be understood metaphorically, and that the rule be under- 
stood as fully complied with, by excluding the Flint Presbytery from 
any further participation in the discussion, and from voting in the case." 
•—1858, p. 289, O.S. ; see also 1858, p. 296, O. S. ; 1859, p. 546, O. S. 

2. Exclusion of stenographer of the accused questionable. 

That the act of the Session excluding the stenographer, even if it were 
within the ultimate prerogatives of the court, was of very questionable 
wisdom, as well as of dangerous precedent, in reference to the rights of 
respondents at their bar. — 1839, N. S. ; reprint, p. 64. 

3. Testimony not on record admitted by consent. 

a. The following papers were offered and ordered to be entered on the 
minutes, viz. : 

I offer to the Assembly the paper called " An Appendix," as the 
records furnished by the Presbytery in my case, and request that it may 
be read as containing evidence which was before the Presbytery, and 
which was not before the Synod. 

Albert Barnes. 

The prosecutor in the case of Mr. Barnes, and the Committee appointed 
by the Synod of Philadelphia, to defend their decision in the same case, 
hereby agree to the introduction of a document entitled "An Appen- 
dix," etc. Not, however, as a part of the records of the inferior judica- 
tory, but as testimony adduced by the appellant to substantiate any 
statement which he has made, or may yet make. 

George Junkin, S. G. Winchester, 
G. W. Musgrave, David McKinney, 

Committee of Synod of Philadelphia. 

The document called the Appendix, numbered from pp. 1 to 58 inclu- 
sive, containing the trial, testimony of the parties, Junkin and Barnes, 
and final decision of the Second Presbytery of Philadelphia, in the said 
case of Junkin and Barnes, was read. — 1836, p. 256. 

b. The decision of the Synod of New Jersey, of which J. Kirkpat- 
rick and others complain, was read, together with the complainants' 
reasons of complaint. The records of the Synod in the case were read, 
and it was moved to read a paper which was not before the Synod, but 
was admitted by the parties to be an original paper. After debate it was 
agreed by the court that the paper offered this morning be read, which 
was done.— 1841, p. 428, O. S. 

XXIV. The charge and specifications, the plea, and the judgment, 
shall be entered on the minutes of the judicatory. The minutes shall 
also exhibit all the acts and orders of the judicatory relating to the case, 
with the reasons therefor, together with the notice of appeal, and the 
reasons therefor, if any shall have been filed; all which, together with 
the evidence in the case duly filed and authenticated by the Clerk of the 
judicatory, shall constitute the record of the case; and, in case of a 
removal thereof by appeal, the lower judicatory shall transmit the record 
to the higher. Nothing which is not contained in the record shall be 
taken into consideration in the higher judicatory. 



GENERAL RULES PERTAINING TO ALL CASES. 653 

1. Everything influencing the judgment of the judicatory must be 

spread upon the records. 

The Synod of Illinois have not discharged their duty. They ought to 
have spread upon their record everything which influenced their judg- 
ment in the case, and also to have sent to this Assembly authentic copies 
of the whole proceedings, with all the documents which had been regu- 
larly before them.— 1840, p. 302, O. S. 

2. Minutes of interlocutory meetings in judicial cases should be re- 

corded ; also report of Judicial Committee in the case. 

The Presbytery of Louisiana should have recorded the results of the 
interlocutory meeting referred to in the complaint. The Synod acted 
unconstitutionally in permitting the Presbytery of Louisiana to vote on 
the adoption of the report of the Judicial Committee on the complaint 
of Rev. Mr. Smylie. 

The Synod should have placed on its records the above-mentioned 
report— 1850, p. 481, O. S. 

3. Reasons not recorded and records deficient. Case remanded. 

a. A complaint of Rev. Edward Graham and others against the Synod 
of the Pacific. 

It appears that, at its meeting, June 12, 1880, the Presbytery of San 
Francisco received from the Rev. John D. Strong, one of its members, 
a letter dated January 7, 1880, saying: "I have determined to termi- 
nate my connection with your body. After more than fifty years of 
thought and study, and earnest desire to find the way of truth and duty, 
I have ceased to believe the doctrines of the Presbyterian Church, or to 
feel respect for its practical religion. For this reason I hereby withdraw 
from the Presbytery of San Francisco, and ask that my name be stricken 
from its list of members." 

A Committee was appointed to confer with Mr. Strong, and, at an 
adjourned meeting of the Presbytery, no report of the Committee 
appearing on the records, a motion was adopted to drop the name of 
John D. Strong from the roll. For this action no reason is assigned 
by the Presbytery, as required (Book of Discipline [Old] , Chap, iv, 
Sec. xxiii), nor was any minute or judgment entered on the records 
(Book of Discipline [Old], Chap, iv, Sec. xvi). Complaint against 
this action was made to the Synod of the Pacific. At its meeting, 
beginning October 7, 1880, the Synod proceeded to issue the complaint. 
The Synod did not sustain the complaint, but it put on record no reasons 
for its decision (Book of Discipline [Old], Chap, iv, Sec. xxiii), nor 
was any minute or judgment entered (Book of Discipline [Old], 
Chap, iv, Sec. xvi). 

Your Committee find the irregularities and deficiencies in the records, 
both of the Presbytery and of the Synod, so great, and the information 
furnished by the records of both bodies so meagre, that, inasmuch as the 
appellate judicatories are confined to the records, in their opinion it is 
impossible for the Assembly to come to any intelligent decision. They, 
therefore, recommend that the complaint be referred to the Synod of the 
Pacific, with instructions to take such action in the premises as the inter- 
ests of religion and the good order of the Church may seem to them to 
demand. Adopted.— 1881, pp. 586, 587. 



654 BOOK OF DISCIPLINE, SECT. 25-29. 

b. Case ordered to a new trial because the reasons for the decision of 
Synod were not recorded according to the requisition in Chap, iv, Sec. 
xxiii, Book of Discipline (Old).— 1861, p. 344, O. S. ; 1874, p. 74. 

[Note. — See also 1881, pp. 587, 588. Appeal of Rev. Harlan Peck against the Synod 
of the Columbia : sustained and the action of the Synod set aside, because ' l No 
formal action of the Synod was entered upon its records, and no reason given." See 
also this Digest, p. 246. 1878, p. 60, the records of Illinois Central censured, because, 
in issuing a complaint, they failed to record the subject-matter of the complaint.] 

XXV. Exceptions may be taken by either of the original parties in a 
trial, to any part of the proceedings, except in the judicatory of last 
resort, and shall be entered on the record. 

XXVI. No professional counsel shall be permitted to appear and plead 
in cases of process in any of our ecclesiastical judicatories. But if any 
accused person feel unable to represent and plead his own cause to advan- 
tage, he may request any minister or elder, belonging to the judicatory 
before which he appears, to prepare and exhibit his cause as he may 
judge proper. But the minister or elder so engaged shall not be allowed, 
after pleading the cause of the accused, to sit in judgment as a member 
of the judicatory. 

[Note. — In 1884, Sec. xxvi was adopted, as follows : 

26. In cases of process in any judicatory, either party may be assisted by counsel, 
but such counsel shall be in full communion with the Presbyterian Church. Neither 
the counsel nor either of the parties shall be allowed to sit in judgment, or % vote, in 
the trial of the case. 

In 1885, Sec. xxvi of the new Book of Discipline was amended by substituting in its 
place Chap, iv, Sec. xxi, of the old book, the word "judicatory" being substituted 
for "court," as above.— 1885, p. 601.] 

1. Counsel assigned by request of the parties. 

a. The appeal and complaint of Robert Finley and Smith Bloomfield 
against the Synod of New Jersey. 

R. J. Breckinridge was allowed at the request of the former appellant 
to aid him in conducting his cause ; and James Hoge and Nathaniel 
Hewitt were allowed at the request of Myron Barrett to aid him, in the 
absence of two other members of a Committee appointed by the Synod 
of New Jersey, to defend the Synod in this case. — 1858, p. 286, O. S. 

b. Rev. Dr. Humphrey, chairman of the Judicial Committee, reported 
Case No. 5, being a complaint of William B. Guild against the Synod 
of New Jersey, and stated that the complainant requested the appoint- 
ment of a member to take charge of his interests in the case. The Com- 
mittee recommended the appointment of Rev. S. S. Sheddan, and he was 
appointed.— 1863, p. 19, O. S. 

C. In the absence of the appellant, counsel was appointed by the 
court.— 1823, p. 72. 

d. Elder J. R. Hogg, a member of the Assembly, was appointed 
counsel for A. G. McAuley, D.D., at the request of the appellant, in 
the matter of his appeal from a decision of the Synod of Pennsylvania. 
—1896, p. 54. 

2. No one not a member of the judicatory may act as counsel. 

The Committee on Bills and Overtures reported Overture No. 5, as 
follows : ' ' May the Session of a churchj at the request of an accused 
brother, assign as his counsel a minister of the Gospel belonging to the 
same Presbytery to which the Session belongs ?' ' 



GENERAL RULES PERTAINING TO ALL CASES. 655 

The Committee answered : There is no provision for snch a case in 
our Constitution; and, though it does not appear to contravene its spirit 
and design, and might in special cases be allowable with advantage; yet, 
a strict interpretation of Chap, iv, Sec. xxi, of the Book of Discipline (Old) 
seems to preclude the employment of any one as counsel who is not a mem- 
ber of the judicatory. The report was adopted. — 1851, p. 29, N. S. 

3. Professional counsel under all circumstances excluded. 

The Committee on Bills and Overtures reported No. 1 from the Pres- 
bytery of Tuscaloosa, requesting the Assembly to answer the following 
question: "Is it a violation of our Book of Discipline for professional 
counsel, under all circumstances, to aid in the examination of witnesses ?' ' 

The Committee recommended that the question be answered in the 
affirmative. The report was adopted. — 1852, p. 205, O. S. 

[Note. — The term " professional counsel" has no reference to the profession of the 
counsel employed. It is taken as meaning any one, "minister or elder," who is not a 
member of the 'judicatory which is engaged iri issuing the case.] 

XXVII. Questions as to order or evidence, arising in the course of a 
trial, shall, after the parties have had an opportunity to be heard, be 
decided by the Moderator, subject to appeal; and the question on the 
appeal shall be determined without debate. All such decisions, if 
desired by either party, shall be entered upon the record of the case. 

XXVIII. No member of a judicatory who has not been present 
during the whole of the trial, shall be allowed to vote on any question 
arising therein, except by unanimous consent of the judicatory and of 
the parties; and, when a trial is in progress, except in an appellate judi- 
catory, the roll shall be called after each recess and adjournment, and 
the names of the absentees shall be noted. 

1. By consent, members who had been absent for brief periods 

allowed to vote. 

The parties to the case consenting, the Assembly ordered that all 
members of the court who had been absent during the hearing for brief 
periods of time, and for sufficient reasons, should be permitted to vote. 

The Rev. M. Henry Calkins, D.D., who had been necessarily absent 
during the greater part of the sessions of the court, was, at his own 
request, excused from voting. — 1894, p. 96. 

[Note.— Case of Henry P. Smith, D.D.] 

XXIX. The parties shall be allowed copies of the record at their own 
expense; and, on the final disposition of a case in a higher judicatory, 
the record of the case, with the judgment, shall be transmitted to the 
judicatory in which the case originated. 

1. Appellant entitled to a copy of the sentence. 
They deem, too, the request of Mr. Arthur for a copy of the first 
sentence to have been reasonable, and that it ought to have been com- 
plied with.— 1822, p. 53. 

2. The records of Church judicatories are public documents. 
Overture from the Presbytery of Council Bluffs, asking whether a 
minister of the Gospel, once suspended, but afterward restored, may 



656 BOOK OF DISCIPLINE, SECT. 30-34. 

demand that the records in his case be closed to inspection or transcript, 
when required by subsequent judicial proceedings by his own Presbytery. 

The Committee recommended the following answer: 

The records of our Church courts are public and not private documents, 
and therefore no one who has been under discipline can ' ' demand ' ' that 
anything pertaining to his case shall be " closed to inspection or tran- 
script. ' ' Yet a wise Christian charity would suggest that, when the end of 
discipline in the restoration of an offender has been reached, no further 
publicity, if possible, should be given to the matter. — 1879, p. 586. 

XXX. In the infliction and removal of church censures, judicatories 
shall observe the modes prescribed in chap, xi of the Directory for 
Worship. 

XXXI. In all cases of judicial process, the judicatory may, at any 
stage of the case, determine, by a vote of two-thirds, to sit with closed 
doors. 

XXXII. A judicatory may, if the edification of the Church demands 
it, require an accused person to refrain from approaching the Lord's 
Table, or from the exercise of office, or both, until final action in the case 
shall be taken ; provided, that in all cases a speedy investigation or trial 
shall be had. 

[Note. — See also Sees, xxxix, xlv and xlvi ] 

1. The accused may be suspended pending the issuing of the case. 

An inquiry from J. A. Clayton: Whereas, Our Book of Discipline 
(Old), Chap, v, Sec. ii, says, " the same general method, substituting 
Presbytery for the Session, " is to be observed in investigating charges 
against a minister as are prescribed in the case of private members, Does 
this authorize the Presbytery to apply the principle contained in Chap, 
iv, Sec. xviii, to ministers against whom charges exist that cannot be 
seasonably tried, so far as to suspend them from the functions of the 
Gospel ministry until they can be tried ? P. S. — If the above will not 
apply, what should a Presbytery do in the case ? 

The Committee recommended the following resolution, which was 
adopted, viz.: 

Resolved, That when charges are tabled against a minister, and it is 
impracticable at once to issue the case, the Presbytery has the right, if 
the interests of religion seem to demand the measure, to suspend him 
from the exercise of his ministerial functions until the case shall have 
been issued.— 1848, p. 34, O. S. 

2. Suspension from the ministry during process. 

a. Overtured, that a Committee be sent to Rehoboth, in the affair 
between Mr. Clement and that people; and that Mr. Clement be sus- 
pended from the exercise of his ministry, until the determination of that 
Committee. This overture was carried by a vote in the affirmative, 
nemine contradieente. — 1720, p. 62. 

b. On account of Mr. Miller's unjustifiable delay for some years to 
enter his complaint before us, the irregularity of his proceedings during 
that time, and the atrocious nature of the crimes laid to his charge, we 
do hereby declare him suspended from the exercise of the ministerial 
office till his complaint can be fully heard. — 1769, p. 396. 



SPECIAL RULES PERTAINING TO CASES BEFORE SESSIONS. 657 

3. Suspension from privileges of membership. 

a. That as citation on the foregoing plan is the commencement of a 
process involving the right of membership in the Assembly, therefore, 

Resolved, That agreeably to a principle laid down, Chap, v, Sec. ix, 
of the Book of Discipline (Old), the members of said judicatories be 
excluded from a seat in the next Assembly until their case shall be decided. 
Adopted, yeas, 128; nays, 122.— 1837, p. 425. 

b. The Assembly of 1866 excluded the commissioners from the Pres- 
bytery of Louisville from a seat, until the Assembly should decide upon 
the conduct of their Presbytery. — 1866, p. 12, O. S. 



CHAPTER V. 



SPECIAL RULES PERTAINING TO CASES BEFORE 

SESSIONS. 

XXXIII. When an accused person has been twice duly cited, and 
refuses to appear, by himself or counsel, before a Session, or, appearing, 
refuses to answer the charge brought against him, he shall be suspended, 
by act of Session, from the communion of the Church, and shall so 
remain until he repents of his contumacy, and submits himself to the 
orders of the judicatory. 

[Note. — See under Sec. xxi, p. 643, for decisions on contumacy.] 

XXXIV. The censures to be inflicted by the Session are, Admonition, 
Rebuke, Suspension or Deposition from office, Suspension from the com- 
munion of the Church, and, in the case of offenders who will not be 
reclaimed by milder measures, Excommunication. 

[Note. — See also under Sec. xliii.] 

1. Censure is not to be removed without evidence of repentance. 

The Assembly having heard the complaint of the Presbytery of Car- 
lisle against the Synod of Philadelphia in the case of William S. 
McDowell, with the facts and arguments 'offered both by the Presbytery 
and the Synod, judged that the Synod had a constitutional right to 
reverse the decision of the Presbytery in the case, either in whole or in 
part, as to them might seem proper, but that in the exercise of this 
right the Synod have not duly regarded the principles of discipline pre- 
scribed in the Constitution, inasmuch as it appears by their records that 
they have removed all censure from a man whom they declare to be 
. deserving of rebuke, without directing that rebuke to be administered, 
and without receiving any evidence of his penitence. — 1823, p. 81. 

2. Deposition and excommunication, distinct acts. 

a. The records of the Synod of Geneva are approved, with the excep- 
tion of a resolution, which declares that a deposed minister ought to be 
treated as an excommunicated person. In the judgment of this Assem- 
bly, the deposition and excommunication of a minister are distinct things, 
not necessarily connected with each other, but when connected, ought 
42 



658 BOOK OF DISCIPLINE, SECT. 35-37. 

to be inflicted by the Presbytery, to whom the power of judging and 
censuring ministers properly belongs. — 1814, p. 549. 

b. Resolved, That though the causes which provoke deposition are 
almost always such as to involve the propriety of exclusion from the 
sacraments, yet the two sentences are not essentially the same, the one 
having reference to office, and the other to the rights of membership; 
and, therefore, Presbyteries should be explicit in stating both, when they 
mean both. When, however, a Presbytery interpret deposition to 
involve suspension from the sacraments, and pronounce the censure in 
that sense, the sentence obviously includes both. — 1848, p. 34, O. S. 

XXXV. The sentence shall be published, if at all, only in the church 
or churches which have been offended. 



CHAPTER VI. 



GENERAL RULES PERTAINING TO THE TRIAL OF A 
MINISTER, ELDER, OR DEACON. 

XXXVI. As the honor and success of the gospel depend, in a great 
measure, on the character of its ministers, each Presbytery ought, with 
the greatest care and impartiality, to watch over their personal and pro- 
fessional conduct. But as, on the one hand, no minister ought, on 
account of his office, to be screened from the hand of justice, or his 
offences to be slightly censured, so neither ought charges to be received 
against him on slight grounds. 

XXXVII. If a minister be accused of an offence, at such a distance 
from his usual place of residence as that it is not likely to become other- 
wise known to his Presbytery, it shall be the duty of the Presbytery 
within whose bounds the offence is alleged to have been committed, if it 
shall be satisfied that there is probable ground for the accusation, to 
notify his Presbytery thereof, and of the nature of the offence; and Ins 
Presbytery, on receiving such notice, shall, if it appears that the honor 
of religion requires it, proceed to the trial of the case. 

1. Discipline of a minister can be only by his own Presbytery. 

A proposition from the Presbytery of West Lexington and Louisville 
to the Assembly to authorize them to prosecute ministers of other Presby- 
teries who may preach heresy within their bounds, was taken up and 
read. 

Whereupon it was Resolved, That the Constitution in Sees, ii, iii or 
iv, of Chap, v, of the Book of Discipline (Old), contains sufficient 
provision on the subject overtured. — 1835, p. 476. 

2. Even when non-resident. 

The Presbytery of New York represented to Synod that one of their 
members now resided in the bounds of New Brunswick Presbytery, 
whose moral character labored under some imputations, and requested the 
advice of Synod as to which of the Presbyteries should make the inquiry 



TRIAL OF A MINISTER, ELDER, OR DEACON. 659 

into that matter, whereupon the Synod judged it to be the duty of the 
Presbytery of New York. — 1782, p. 495. 

3. Boards have no authority to sit in judgment on ministers. 

a. In answer to the questions propounded by the Presbyteries of Union 
and French Broad, the Assembly would say, that though they do not 
recognize in the Board of Missions the authority to sit in judgment upon 
the orthodoxy or morality of any minister who is in good standing in his 
own Presbytery, yet, from the necessity of the case, they must exercise 
their own sound discretion upon the expediency or inexpediency of 
appointing or withholding an appointment from any applicant, holding 
themselves amenable to the General Assembly for all their official acts. 
—1830, p. 290. 

b. In all questions touching .... the character of ministers the 
Board of Home Missions, in cases of difference between itself and the 
Presbytery, should abide by the final judgment of the Presbytery. — 
1883, p. 644. 

4. Discipline by Boards of Missions, etc., not recognized. 

The Third Presbytery of New York, by overture, inquire what order 
it would be proper for them to take with reference to a member who has 
been excluded from Christian fellowship by a ministerial association 
under the patronage of the A. B. C. F. M. , and dismissed from the 
service of that Board for immorality, and with whom a regular process 
of discipline by the Presbytery is difficult, on account of his distance 
from them and from any ecclesiastical body of our connection. The 
General Assembly reply, that the ecclesiastical relations of the individual 
in question evidently remain unchanged by the action of persons not 
organized under any distinct form of government, and especially not 
guided by the principles of discipline to which he was subject ; and the 
only correct course for the Presbytery to take, if they regard him as a 
proper subject of discipline, is to pursue precisely the forms of process 
given in our Book of Discipline, however difficult or protracted the 
actual process may be. — 1856, p. 194, N. S. 

5. Ecclesiastical power of a mission. 

Overture from the Presbyterian Mission in Korea, asking for advice 
as to the ecclesiastical power of a mission. 

Answer: The ouly recognized authority in the Presbyterian Church in 
matters of licensure and ordination is the Presbytery, or a Commission 
duly constituted by a Presbytery. A mission has no such authority. — 
1896, p. 146. 

6. Duty of a Presbytery to give notice of an offence. 

Overture from the Presbytery of Rock River, being a question of 
interpretation of the Book of Discipline (Old), Chap, v, Sec. iv. 

The Committee recommends the following answer: 

Wheu it is alleged that a minister has committed an offence in the 
bounds of a Presbytery of which he is not a member, the Presbytery in 
the bounds of which it is alleged the offence was committed has per- 
formed its entire duty in the premises when it notifies the Presbytery to 
which he belongs of the allegation and the grounds on which the allega- 
tion is based. 

The report was adopted.— 1869, p. 922, 0. S. 



660 BOOK OF DISCIPLINE, SECT. 37-43. 

7. A suspended licentiate can be restored only by the Presbytery 
which suspended him. Another may take testimony. 

The Committee to which was referred the statement of the commis- 
sioner from the Presbytery of Fayetteville, respecting a licentiate of the 
Presbytery of Hopewell, who had been suspended, both from the privi- 
lege of preaching the Gospel, and from the enjoyment of the sealing 
ordinances of God's house, reported the following, which was adopted, 
viz. : 

Resolved, That the only correct mode to be pursued by the licentiate, 
in order to obtain restoration to his former standing, is to make direct 
application to the Presbytery of Hopewell; and that the Presbytery of 
Fayetteville may, with propriety, collect and transmit to the Presbytery 
of Hopewell, any testimony, touching the moral character of said licen- 
tiate, while living within the bounds of the Presbytery of Fayetteville, 
whenever requested by either the licentiate or the Presbytery of Hope- 
well.— 1822, p. 39. 

8. Such Presbytery has no power to try, but only to take 

testimony. 

That in the opinion of this Assembly, the Presbyteries both of Har- 
mony and Steubenville appear to have misconceived the directions as 
laid down in Chap, v, Sees, iii, iv, of the Book of Discipline (Old); 
inasmuch as those rules do not transfer jurisdiction from a Presbytery to 
which a minister belongs, to the one within whose bounds he resides, so 
as to authorize the latter Presbytery to try such minister ; but only to 
examine witnesses in the case, and transmit an authentic record of the 
testimony to the Presbytery which made the application ; therefore, 

Resolved, 3. That the Presbytery of Harmony is at liberty to pursue 
such a course in the case of Mr. Belknap as the circumstances of the 
case and the good of religion shall in their opinion require. — 1831, p. 
339. 

XXXVIII. If a minister accused of an offence refuses to appear by 
himself or counsel, after being twice duly cited, he shall, for his contu- 
macy, be suspended from his office; and if, after another citation, he 
refuses to appear by himself or counsel, he shall be suspended from the 
communion of the Church. 

XXXIX. If a judicatory so decides, a member shall not be allowed, 
while charges are pending against him, to deliberate or vote on any 
question. 

XL. If the accused be found guilty, he shall be admonished, rebuked, 
suspended or deposed from office (with or without suspension from church 
privileges, in either case), or excommunicated. A minister suspended 
from office may, at the expiration of one year, unless he gives satisfac- 
tory evidence of repentance, be deposed without further trial. 

1. Sentence may be passed on confession. 

From the Session of the First Presbyterian Church, Knoxville, la., 
asking if the accused person, before a Committee regularly appointed by 
the judicatory for private intervieAV, confess guilt and willful persistence 
in sin, and, afterward appearing before the judicatory upon the first cita- 



TRIAL OF A MINISTER, ELDER, OR DEACON. 661 

tion, again confesses guilt and willful persistence in sin, may the judica- 
tory proceed to pass their sentence without a further process of trial ? 
Answered in the affirmative.— 1879, p. 613. 
[Note. — See Book of Discipline, Sec. xlvii, " Cases without Process."] 

2. A suspended minister may not exercise any function of the 

ministry. 

That in the opinion of this Assembly, ministers of the Presbyterian 
Church, when regularly suspended by the competent judicatories, have 
no right to exercise the functions of a minister during that suspension. — 
1825, p. 156. 

3. Does not rank as a "common Christian in good standing." 

The Committee appointed to examine the records of the Synod of 
Geneva reported, that the book be approved, with the exception of pp. 
270 and 271, where the conduct of the Presbytery of Ontario is censured 
for condemning the conduct of Mr. Foreman, a suspended minister, for 
exercising the rights of a common Christian, in illustrating Scripture 
and delivering exhortations; because, without deciding on the rights of 
common Christians in this matter, Mr. Foreman, being suspended from 
the ministry, ought by no means to be considered as occupying the ground 
of a common Christian in good standing. — 1821, reprint, p. 15. 

[Note. — Mr. Foreman was suspended for immorality, but persisted "in illustrating 
Scripture and delivering exhortations." This conduct the Presbytery of Ontario 
" condemned." The Synod censured the Presbytery for its condemnation of the con- 
duct of Mr. Foreman. On review of the records of the Synod of Geneva, the Assem- 
bly made tbe above deliverance.] 

4. The name of a suspended minister is to remain upon the roll. 

a. The records of the Synod of Northern Indiana approved except that, 
on p. 54, the Synod censure the Presbytery of Michigan for retaining the 
name of Mr. Mcoll on the roll after suspending him from the Gospel min- 
istry. Your Committee are of the opinion that the name of a suspended 
minister should be retained on the roll of Presbytery till they proceed to 
the higher censure, though he be deprived of the exercise of his minis- 
terial functions. The report was adopted. — 1847, p. 398, O. S. 

b. From the Presbytery of Redstone, asking if it is proper* to remove 
the name of a suspended member of the Presbytery from its roll, and 
place it in a private register. Your Committee recommend that this 
overture be answered in the negative. Adopted. — 1882, p. 96. 

XLI. Heresy and schism may be of such a nature as to call for 
deposition; but errors ought to be carefully considered, whether they 
strike at the vitals of religion and are industriously spread, or whether 
they arise from the weakness of the human understanding, and are not 
likely to do much injury. 

XLII. If the Presbytery finds, on trial, that the matter complained 
of amounts to no more than such acts of infirmity as may be amended 
and the people satisfied, so that little or nothing remains to hinder the 
usefulness of the offender, it shall take all prudent measures to remove 
the evil. 

XLIII. A minister deposed for immoral conduct shall not be restored, 
«ven on the deepest sorrow for his sin, until after some considerable time 



662 BOOK OF DISCIPLINE, SECT. 43-44. 

of eminent and exemplary, humble and edifying conduct ; and he ought 
in no case to be restored, until it shall clearly appear to the judicatory 
within whose bounds he resides, that the restoration can be effected with- 
out injury to the cause of religion; and then only by the judicatory inflict- 
ing the censure, or with its advice and consent. 

1. One Presbytery may not restore a minister deposed by another. 

a. A memorial of the Rev. George D. Stewart and others, that the 
General Assembly would take action and give relief in the case of Rev. 
Michael Hummer, who, having been deposed by the Presbytery of Iowa, 
had been restored by the Presbytery of Highland, against the remon- 
strance of the Presbytery of Iowa, just as if he was an independent 
minister. 

It is recommended that this General Assembly declare that it is irreg- 
ular and unconstitutional for any Presbytery to receive and restore a 
member of another Presbytery who has been deposed ; and therefore the 
action of the Presbytery of Highland in restoring Mr. Hummer was 
improper; and the Presbytery of Highland is directed to reconsider its 
action, and proceed according to the requirements of the Constitution. 
The report was adopted.— 1862, p. 608, O. S. 

b. And ivhereas, The (O. S. ) General Assembly (pp. 159 and 
160, Moore's Digest, 1886) decided in 1862 that " a Presbytery may 
not restore a minister deposed by another," and the (N. S. ) General 
Assembly (pp. 617 and 618, Moore's Digest, 1873), in 1858, decided 
" that only the Presbytery which deposed a minister has jurisdiction over 
him," therefore Resolved, That the Presbytery of Furrukhabad erred in 
receiving and restoring to the ministry the said John S. Woodside, while 
he was under sentence of deposition by the Presbytery of Saharanpur, 
and in accordance with the action of the General Assembly in a similar 
case between Presbyteries of our own Church (see Moore's Digest, pp. 
159 and 160), this Assembly directs the Presbytery of Furrukhabad to 
reconsider its action, and proceed according to the requirements of the 
Constitution, as provided for the guidance of our Presbyteries in similar 
circumstances between themselves. Adopted. — 1883, pp. 628, 629. 

2. Restoration of a deposed minister conditioned on conduct under 

sentence. 

An extract from the records of the Presbytery of New York was laid 
before the Assembly and read. From this and the explanation given, it 
appeared that a certain Aaron C. Collins, formerly a member of that 
Presbytery, had been deposed by them from the office of the Gospel 
ministry ; that the crimes for which he was deposed were scandalous and 
highly aggravated ; that his submission to the sentence of deposition had 
been only partial, he having exercised the functions of a Gospel minister 
during a part of the time he lay under the sentence; that Mr. Collins 
had lately applied to that Presbytery to restore him to his office, and 
certain circumstances were stated as evidence of his penitence. The 
Presbytery therefore requested the advice of the General Assembly in 
the premises. And as the principal crime for which Mr. Collins had 
been deposed had been committed within the limits of the General Asso- 
ciation of Connecticut, which had formerly taken cognizance of the 
offence, the Presbytery requested the cooperation of the Assembly for 
bringing the case before the Association for their advice. 



TRIAL OF A MINISTER, ELDER, OR DEACON. 663 

The Assembly having taken this subject into consideration, and 
obtained the necessary information, 

Resolved, 1. That they cannot advise the Presbytery of New York to 
restore Mr. Collins under existing circumstances. 

2. That this Assembly comply with the latter request made by the 
Presbytery of New York: they accordingly did, and hereby do enjoin 
it on their delegates to the next General Association, to take the neces- 
sary measures for bringing this subject before that body, for their advice. 
— 1805, reprint, p. 335. 

The delegates from the last General Assembly, to the General Associa- 
tion of Connecticut, reported, 

" That they fulfilled the duties of their appointment, and attended 
diligently all the sessions of the reverend body to which they were dele- 
gated; that agreeably to the direction of the General Assembly, they 
laid before the Association the papers relative to Mr. Aaron C. Collins, 
and requested their concurrence in the resolution of the Assembly rela- 
tive to that man. After the examination of these papers, the Association 
readily concurred in the Assembly's resolution, and gave it as their 
decided opinion, that as he had treated the sentence of deposition by 
the Presbytery of New York with contempt, in partially exercising the 
functions of the Gospel ministry when deposed from his office, it would 
be improper to restore him till he gave better evidence of his penitence, 
and likewise manifested sorrow for disregarding the authority of the 
Presbytery."— 1806, reprint, p. 348. 

3. The Assembly recommends restoration, the ends of discipline 

being gained. 

Resolved, That the prayer of the memorialist be granted so far as that 
this General Assembly recommend to the Presbytery of Fayetteville to 
reconsider their decision in the case of the Rev. Archibald McQueen ; 
and if, in their judgment, it should appear conducive to the peace of 
the Church, and the promotion of religion in the region around them, 
to restore Mr. McQueen to the communion of the Church, and to the 
exercise of the functions of the Gospel ministry, on the ground that in 
his case the ends of discipline are attained by the operation of the 
sentence under which Mr. McQueen has been lying for a period of three 
years.— 1845, p. 32, O. S. 

[Note.— Mr. McQueen had been suspended from the ministry for marrying the 
sister of his deceased wife.] 

4. When the names of deposed ministers are to be published. 

Resolved, That it be recommended to the Presbyteries under the care 
of the General Assembly, when they shall depose any of their members 
from the exercise of the ministerial office; and when any person so 
deposed shall, without having been regularly restored, assume the minis- 
terial character, or attempt to exercise any of the ministerial functions, 
that in such case, with a view to prevent such deposed person from 
imposing himself on the churches, Presbyteries be careful to have his 
name published in the Assembly's magazine, as deposed from the minis- 
try, that all the churches may be enabled to guard themselves against 
such dangerous impositions. — 1806, p. 360. 

XLIV. If a minister is deposed without excommunication, his pulpit, 
if he is a pastor, shall be declared vacant; and the Presbytery shall give 



664 BOOK OF DISCIPLINE, SECT. 44-50. 

him a letter to any church with which he may desire to connect himself 
where his lot may be cast, in which shall be stated his exact relation to 
the Church. If a pastor is suspended from office only, the Presbytery 
may, if no appeal from the sentence of suspension is pending, declare 
his pulpit vacant, 

1. A minister who has been deposed returns to the condition of a 
private member, and must be reordained if restored. 

Is reordination necessary in the restoration of a deposed minister to the 
sacred office ? And in view of the provisions of the Revised Book of 
Discipline, will reordination be necessary in the restoration to the minis- 
try of those by whom the office has been demitted ? 

The Committee recommends the following answer: 

It is the judgment of this General Assembly that when a minister is 
deposed his office is taken from him, he becomes a layman, and according 
to the New Book of Discipline, Sec. xliv, he is to be enrolled as a com- 
municant in a particular church. Should he be recalled to the ministry, 
therefore, he should be reordained. 

The same course ought to be adopted in the restoration of one who has 
demitted the ministry; inasmuch as the Book of Discipline, Sec. li, 
describes one who has demitted the sacred office as returning " to the 
condition of a private member of the Church." Adopted. — 1884, p. 
115. 

[Note.— See also Book of Discipline, Sec. li, p. 667.] 

XLV. A Presbytery may, if the edification of the Church demand 
it, require an accused minister to refrain from the exercise of his office 
until final action in the case shall be taken: provided, that in all cases a 
speedy investigation or trial shall be had. 

[Note.— See under Book of Discipline, Sec. xxxii, p. 656.] 

XL VI. In process by a Session against a ruling elder or deacon, the 
provisions of this chapter, so far as applicable, shall be observed. 

[Note. — As adopted in 1884, Sec. xlvi read as follows : 

XL VI. " In process by a Presbytery against an acting elder, or by a Session against 
a Deacon, the provisions of this chapter, so far as applicable, shall be observed." See 
Note, Sec. xviii, p. 642. This form of the Section was rejected in 1885.] 



CHAPTER VII. 
OF CASES WITHOUT PROCESS. 

XLVII. If a person commits an offence in the presence of a judica- 
tory, or comes forward as his own accuser and makes known his offence, 
the judicatory may proceed to judgment without process, giving the offender 
an opportunity to be heard ; and in the case first named he may demand 
a delay of at least two days before judgment. The record must show 
the nature of the offence, as well as the judgment and the reasons there- 
for, and appeal may be taken from the judgment as in other cases. 



OF CASES WITHOUT PROCESS. 665 

XLVIII. If a communicant, not chargeable with immoral conduct, 
inform the Session that he is fully persuaded that he has no right to come 
to the Lord's Table, the Session shall confer with him on the subject, and 
may, should he continue of the same mind, and his attendance on the other 
means of grace be regular, excuse him from attendance on the Lord's 
Supper; and, after fully satisfying themselves that his judgment is not 
the result of mistaken views, shall erase his name from the roll of com- 
municants, and make record of their action in the case. 

XLIX. If a communicant, not chargeable with immoral conduct, 
removes out of the bounds of his church, without asking for or receiving 
a regular certificate of dismission to another church, and his residence is 
known, the Session may, within two years, advise him to apply for such 
certificate; and, if he fails so to do, without giving sufficient reason, his 
name may be placed on the roll of suspended members, until he shall 
satisfy the Session of the propriety of his restoration. But, if the 
Session has no knowledge of him for the space of three years, it may 
erase his name from the roll of communicants, making record of its action 
and the reasons therefor. In either case, the member shall continue 
subject to the jurisdiction of the Session. A separate roll of all such 
names shall be kept, stating the relations of each to the church. 

1. When one whose name is erased may be received by another 

church. 

Overture, from the Presbytery of Philadelphia Central : '. ' When the 
name of a person has been erased from the roll of communicants, when 
he has been absent three years and his residence unknown (Book of 
Discipline, Sec. xlix), and when he is still subject to the jurisdiction of 
the Session which erased his name, is it right for the Session of any other 
Presbyterian church to receive such person to their communiou on profes- 
sion of faith ?" 

We recommend as answer: Not if restored standing in the church 
to which he belongs, and regular dismission therefrom, are possible. 
Adopted.— 1887, p. 81. 

L. If any communicant, not chargeable with immoral conduct, 
neglects the ordinances of the Church for one year, and in circumstances 
such as the Session shall regard to be a serious injury to the cause of 
religion, he may, after affectionate visitation by the Session, and admoni- 
tion if need be, be suspended from the communion of the Church until 
he gives satisfactory evidence of the sincerity of his repentance, but he 
shall not be excommunicated without due process of discipline. 

1. Willful absenting oneself from the ordinances of God's house 

is an offence. 

a. The decision of the General Assembly in the case of the appeal of 
Alexander Frazer against a decision of the Synod of Buffalo refusing to 
sustain his appeal, and affirming the decision of the lower courts suspending 
him from the communion of the Church on the charge of a willful 



666 BOOK OF DISCIPLINE, SECT. 50-53. 

absenting of himself from the ordinances of God's house for the space of 
a year and a half, is that the appeal be not sustained, but the decision 
of the Synod affirmed: 

1. Because the conduct charged, if the appellant was justly chargeable 
with such conduct, was a high offence. 

2. Because it was openly acknowledged in court by the appellant that 
he was chargeable with the offence charged, and this is not denied by any 
party.— 1859, pp. 546, 547, O. S. 

b. The Assembly took up the complaint of the Rev. N. West, D.D., 
against the Synod of New York. 

Mr. Rowland had absented himself from the ordinances of the Second 
Church of Brooklyn, N. Y., for some months. Upon application for 
his certificate, the Session gave him a certificate, omitting the words ' ' at 
present in good and regular standing," and substituting for them a testi- 
monial to his previous good Christian character, inserting at the same 
time a statement of the fact of his recent absence from the ordinances of 
the Church. Mr. Rowland brought a complaint against the Session before 
the Presbytery of Nassau, and the Presbytery sustained the complaint. 
Mr. West complained to the Synod against the Presbytery. The Synod 
of New York, sustained the complaint of Rev. N. West against the 
Presbytery, and then, in its final minute, ordered a letter in the usual 
form to be given to Mr. Rowland. Against the decision of the Synod 
in adopting this minute Mr. West complains It was 

Resolved, That the complaint of the Rev. N. West, D.D., be sus- 
tained, and the decision of the Synod in its final minute be and it hereby 
is reversed ; and further that the Synod erred in prescribing to the Session 
of the Second Church of Brooklyn the form of a certificate to be granted 
to Mr. Rowland after they had already granted a certificate to him which 
was agreeable to the Constitution of the Church and to the truth. — 1864, 
p. 328, O. S. 

2. Disagreement with a pastor no excuse for willful absence. 

The appeal and complaint of G. A. Hotchkiss against the Synod of 
Indiana for sustaining the Session of Pleasant Township Church and the 
Presbytery of Madison in censuring him for absenting himself from 
public worship on account of disagreement with his pastor. The papers 
were read in order, the regular process prescribed in the book was 
observed, and the Assembly voted unanimously that the action of the 
inferior courts be sustained and confirmed. — 1854, p. 44, O. S. 

3. Discipline enjoined for willful absence. 

Is it consistent with regular standing in our Church for church members 
to be supporters and attendants in other churches not of our communion, 
while absenting themselves from and refusing to support the church to 
which they belong ? 

The Committee recommend that the question be answered in the 
negative, with an injunction on church Sessions to make such cases a 
matter of discipline. Adopted. — 1865, p. 537, O. S. 

4. Excommunication may not be without trial. 

" Is it within the province of the Session to excommunicate without 
formal trial a church member who makes a written confession of having 



OF CASES WITHOUT PROCESS. 667 

embraced heretical views, and in consequence having violated covenant 
by long- continued absence from the ordinances of the Church, and who 
requests to be cut off from the church ?' ' The Committee recommend 
that the party asking the above question be referred to the Book of Dis- 
cipline (Old), Chap, iv, and such Session be urged to follow strictly 
the order laid down 1 herein. Adopted. — 1865, p. 12, N. S. 

LI. If a minister, otherwise in good standing, shall make application 
to be released from che office of the ministry, he may, at the discretion 
of the Presbytery, be put on probation, for one year at least, in such a 
manner as the Presbytery may direct, in order to ascertain his motives 
and reasons for such a relinquishment. And if, at the end of this period, 
the Presbytery be satisfied that he cannot be useful and happy in the 
exercise of his ministry, they may allow him to demit the office, and 
return to the condition of a private member in the Church, ordering his 
name to be stricken from the roll of the Presbj^tery, and giving him a 
letter to any church with which he may desire to connect himself. 

[Note. — Deliverances of the Assembly, so far as they forbade the demission of the 
ministry, have been annulled by the above section.] 

LII. If a communicant renounces the communion of this Church by 
joining another denomination, without a regular dismission, although 
such conduct is disorderly, the Session shall take no other action in the 
case than to record the fact, and order his name to be erased from the 
roll. If charges are pending against him, these charges may be prose- 
cuted. 

LIII. If a minister, not otherwise chargeable with an offence, 
renounces the jurisdiction of this Church, by abandoning the ministry, 
or becoming independent, or joining another denomination not deemed 
heretical, without a regular dismission, the Presbytery shall take no 
other action than to record the fact and to erase his name from the roll. 
If charges are pending against him, he may be tried thereon. If it 
appears that he has joined another denomination deemed heretical, he 
may be suspended, deposed, or excommunicated. 

[Note. — See, also, in this Digest, pp. 208 and 211. Sec. liii, however, makes void 
certain deliverances of the Assembly, made before its adoption in 1884.] 

1. To strike from the roll the name of a minister withdrawing while 
under investigation, is unconstitutional and void. 

The letter of Rev. T. M. Dawson to the Presbytery of San Francisco, 
August 7, 1875, was, according to the concession of both parties to the 
complaint, understood and acted upon as an announcement of his with- 
drawal from the Presbyterian ministry. As such withdrawal, while the 
Presbytery was prosecuting inquiries in regard to the character and con- 
duct of the minister professing to withdraw, finds no sanction in the Form 
of Government and precedents of the Church, the striking of the name 
of Rev. T. M. Dawson from the roll of the Presbytery was unconstitu- 
tional and void. — 1876, p. 449. 



BOOK OF DISCIPLINE, SECT. 53-56. 

2. A minister's name may not be stricken from the roll, except 
by his consent, by discipline, or by his having recognized 

some other jurisdiction, or by becoming independent. 

Overture, being a request from the Presbytery of West Chester that 
the Assembly shall define the authority of Presbyteries, in regard to 
taking from the roll the names of ministers serving churches in other 
denominations. The Committee recommend the adoption of the fol- 
lowing : 

Since the adoption of the Revised Book of Discipline, especially 
Sec. liii in Chap, vii, a Presbytery has no authority to take a minis- 
ter's name from the roll, without his consent, except by discipline, unless 
he has said or done something, which either recognizes some other ecclesi- 
astical jurisdiction over him, or declares his independence. Adopted. — 
1885, p. 604. 

3. Those who entertain views irreconcilable with our Standards 

urged to withdraw. 

a. While, in accordance with complete freedom of conscience, the 
General Assembly would urge upon all, fidelity to our doctrinal Stand- 
ards, they would at the same time earnestly advise any one who may 
entertain views irreconcilable with our Standards, to take the authorized 
course, after consultation with his Presbytery, and peacefully withdraw 
from the ministry of our Church. — 1878, p. 99. 

b. The General Assembly would remind all under its care that it is a 
fundamental doctrine that the Old and New Testaments are the inspired 
and infallible Word of God. Our Church holds that the inspired Word, 
as it came from God, is without error. The assertion of the contrary 
cannot but shake the confidence of the people in the sacred Books. All 
who enter office in our Church solemnly profess to receive them as the 
only infallible rule of faith and practice. If they change their belief 
on this point, Christian honor demands that they should withdraw from 
our ministry. They have no right to use the pulpit or the chair of the 
professor for the dissemination of their errors until they are dealt with 
by the slow process of discipline. But if any do so act, their Presbyteries 
should speedily interpose, and deal with them for violation of ordination 
vows. The vow taken at the beginning is obligatory until the party taking 
it is honorably and properly released. The General Assembly enjoins 
upon all ministers, elders and Presbyteries, to be faithful to the duty 
here imposed. — 1892, p. 179. 

4. Names of ministers whose residence is unknown to be kept on 

a reserved roll. 

Overture from the Presbytery of Brooklyn, asking that ministers 
whose names are now on the rolls of Presbyteries, and are reported from 
year to year, though it is not known Avhere they reside, or whether they 
are living or not, may be reported apart from others, their names being 
printed on a Reserved Roll ; and that the Presbyteries be directed to 
place their names on Reserved Rolls in their respective reports to the 
Assembly, and not to count them in determining their representation in 
the Assembly. 

The Committee recommend that the request be granted. Adopted. — 
1891, p. 106. 



OF CASES WITHOUT PROCESS. 669 

5. Minister absent and residence unknown, stricken from the roll 
without prejudice to ministerial standing. 

Overture from the Presbytery of Columbus, asking leave to erase the 
name of the Kev. Emil Sage from its roll without prejudice to his minis- 
terial standing. Mr. Sage having been received into the Presbytery in 
1882 under the regulations applicable to foreign ministers, has now been 
absent from the country for several years, having probably returned to 
Europe, and his residence, after due effort, cannot be ascertained. 

We recommend that the permission asked for by the Presbytery be 
granted. Adopted.— 1888, p. 110. 






CHAPTER VIII. 
OF EVIDENCE. 

LIV. Judicatories ought to be very careful and impartial in receiving 
testimony. Not every person is competent, and not every competent 
person is credible, as a witness. 

LV. All persons, whether parties or otherwise, are competent witnesses, 
except such as do not believe in the existence of God, or a future state 
of rewards and punishments, or have not sufficient intelligence to under- 
stand the obligation of an oath. Any witness may be challenged for 
incompetency, and the judicatory shall decide the question. 

1. A prosecutor may testify. 
Exception to records of Synod of Philadelphia. That on p. 18, res. 2, 
decides, That a prosecutor cannot be a witness in the same case ; whereas 
a prosecutor in behalf of common fame is not excluded from bearing 
testimony, nor does our Book exclude any prosecutor from bearing testi- 
mony on either side of a case pending. — 1858, reprint p. 565, O. S. 

LVI. The credibility of a witness, or the degree of credit due to his 
testimony, may be affected by relationship to any of the parties; by 
interest in the result of the trial ; by want of proper age ; by weakness 
of understanding ; by infamy or malignity of character ; by being under 
church censure; by general rashness or indiscretion; or by any other 
circumstances that appear to affect his veracity, knowledge, or interest 
in the case. 

1. Credibility of a witness to be determined by the judicatory. 

An overture from the Presbytery of Ningpo, China, asking: 

1. In Form of Government, Chap, ix, Sec. vi, are non-church- 
members included in the expression, " other witnesses," or does it refer 
only to witnesses from other congregations ? 

2. May a heathen of good repute appear as a witness before a church 
Session in a case of discipline ? 

Answer : Persons who are not church-members, even though heathen, 
in good repute, may be admitted to testify. Their credibility is to be 
determined by the judicatory. (See Discipline (Old), Chap, vi, Sees. 
i, ii and iv.) Adopted.— 18*81, p. 585. 

[Xote.— See below, Sec. lvii.] 



670 BOOK OF DISCIPLINE, SECT. 57-58. 

LVII. A husband or wife shall be a competent witness for or against 
the other, but shall not be compelled to testify. 

1. Husband and wife competent witnesses in the same case. 

The Assembly went into the consideration of the case reported by the 
Presbytery of Ohio, which was in the following terms: " A certain 
married woman charges an unmarried man with immodest conversation 
and conduct in attempts upon her chastity, of which her husband and 
another, or indifferent person, were at a certain time witnesses. Whereas 
our Constitution declares that a person accused shall not be convicted by 
a single witness, can the said woman and her husband be admitted wit- 
nesses in the above case ?' ' 

To the above question the Assembly answered, that in all such cases 
as that submitted by the Presbytery of Ohio, it is a principle that both 
the husband and wife are to be admitted to give testimony. But in 
every particular case as it occurs, the judicature before whom it is tried 
ought, in order to guard against collusion, to pay a very scrupulous 
regard to all the circumstances attending it, and especially to the charac- 
ters of those who are admitted as evidences, so that on one hand the 
necessity of the case may be consulted, and on the other, that no injury 
may result to an innocent person. — 1797, p. 128. 

LVIII. Evidence may be oral, written or printed, direct or circum- 
stantial. A charge may be proven by the testimony of one witness, only 
when supported by other evidence; but, when there are several specifica- 
tions under the same general charge, the proof of two or more of the 
specifications, by different credible witnesses, shall be sufficient to estab- 
lish the charge. 

1. When one of two specifications of a charge is proved the charge 

itself is proved. 

The Committee appointed to examine the minutes of the Synod 
of India reported that : 

From the minutes it appears that the Rev. J. C. Bose, of the Presby- 
tery of Lahore, was tried by his Presbytery on the charge of lying and 
deceit, and found guilty under each of two specifications, and was there- 
upon suspended from the ministry ; that he appealed from this judgment 
to the Synod; that the Synod, on review of the case, sustained the 
finding of the Presbytery under one specification only, and required the 
Presbytery to administer to Mr. Bose a severe censure and restore him to 
the ministry. 

Against this decision of the Synod a protest was made and entered 
upon the minutes, on the grounds: 

1. That though one of the specifications had not been established, the 
crime remained the same under the other specification, which the Synod 
sustained. 

2. That the restoration enjoined upon the Presbytery of Mr. Bose to 
the ministry, without any acknowledgment of guilt or evidence of repent- 
ance, was contrary to the express requirement of the Book of Discipline. 

So far as the records go, these objections seem to be well takeu, but no 
answer to them by the Synod is recorded. It appears, however, that 



OF EVIDENCE. 671 

action of the Synod turned upon the interpretation of Sec. lviii of the 
Book of Discipline, and the consequent application of Sec. xcix. 

We also find that the Synod, on review of the minutes of the Presby- 
tery of Lodiana, adopted and ordered to be entered on the minutes of 
that Presbytery, a report taking exceptions to these minutes, but — acci- 
dentally, it would seem — omitted the record of this report from its own 
minutes, and when the omission was called to the attention of the Synod, 
at its next meeting, it then, by a vote, refused to enter the report. 

Against this refusal a protest was made and recorded, on the ground 
that among the exceptions taken in the report were matters of great 
importance as precedents to the youthful Church of India, notably one 
which is specified, viz. , that three ministers were received into said Pres- 
bytery very irregularly, without certificates of dismission from the bodies 
to which they belonged, or examination. To this protest no answer by 
the Synod is recorded. We therefore recommend that the minutes of 
the Synod of India be approved, with the following exceptions: 

1. The requiring of the Presbytery of Lahore to restore Mr. Bose to 
the ministry without acknowledgment of guilt or evidence of repentance 
was a virtual reversal of the judgment and sentence of the Presbytery, 
founded, so far as the records show, on the erroneous interpretation of 
Sec. lviii of the Book of Discipline, that where one only of two specifi- 
cations of a charge is proved, the charge itself is not proved. 

2. The failure to record the report adopted in reference to the Presby- 
tery of Lodiana leaves the minutes of the Synod an incomplete record 
of its proceedings. — 1887, p. 129. 

2. When the offence charged is not sustained the verdict should be 

" not guilty." 

Complaint of T. S. Hamlin et al. vs. the Synod of Baltimore. 

The following is a statement of the case: The Rev. Francis M. Todd, 
a member of the Presbytery of Washington City, had been tried by that 
body, sitting in a judicial capacity, on serious charges affecting his moral 
character, and the finding of the court, as expressed in its final vote on 
"the calling of the roll," was, "Not Sustained." The Presbytery, 
however, subsequently expressed its judgment in the following record, 
viz.: " That under the provision of the Book of Discipline, Chap, viii, 
Sec. lviii, a charge may be proven by the testimony of one witness only 
when supported by other evidence; a majority of the judicatory have 
voted not to sustain the specification and charges against said Todd, such 
judgment being rendered, owing to the fact that the supporting evidence 
to the principal witness is insufficient. ' ' From this recorded judgment 
Mr. Todd appealed to the Synod of Baltimore upon several grounds, but 
chiefly for the reasons of its inconsistency with the verdict of acquittal 
previously rendered, and the unjust and damaging effect of the subse- 
quent record upon his character. The Synod of Baltimore, by a very 
decided vote, sustained this appeal, and directed the Presbytery " to 
record in their minutes the verdict expressed in their vote ' Not to Sus- 
tain.' viz., ' Not Guilty.' " And it is against this decision of the Synod 
that the present complaint has been brought. 

The judgment of the Commission is that the decision of the Synod 
was right and ought to be sustained and consequently that the complaint 
should be dismissed. Adopted. — 1888, p. 103. 



672 BOOK OF DISCIPLINE, SECT. 59-66. 

LIX. No witness afterwards to be examined, except a member of the 
judicatory, shall be present during the examination of another witness if 
either party object. 

LX. Witnesses shall be examined first by the party producing them; 
then cross-examined by the opposite party ; after which any member of 
the judicatory or either party may put additional interrogatories. Irrel- 
evant or frivolous questions shall not be admitted, nor leading questions 
by the parties producing the witness, except under permission of the 
judicatory as necessary to elicit the truth. 

LXI. The oath or affirmation shall be administered by the Moderator 
in the following, or like, terms: " You solemnly promise, in the presence 
of the omniscient and heart -searching God, that you will declare the 
truth, the whole truth, and nothing but the truth, according to the best 
of your knowledge, in the matter in which you are called to testify, as 
you shall answer to the Great Judge of quick and dead." 

1. The authority for administering a judicial oath. 

The Committee appointed to draft an answer to the following question, 
overtured from the Presbytery of Georgia, viz. : " Whence do the Gen- 
eral Assembly derive authority to empower the Moderator of a church 
Session to administer an oath ?" reported the following, which was 
adopted, viz. : " An oath for confirmation (saith the apostle), is to them 
an end of all strife " (Heb. vi. 16). It is a solemn affirmation, wherein 
we appeal to God, as the witness of the truth of what we say ; and with 
an imprecation of his vengeance if what we affirm is false, or what we 
promise be not performed. Its force results from a belief that God will 
punish false swearing with more severity than a simple lie, or breach of 
promise; because perjury is a sin of greater deliberation, and violates 
superior confidence. 

That oaths are lawful is evident from the fact that our Lord, when 
interrogated on certain occasions, answered upon oath. (See Matt, 
xxvi. 63, 64.) Paul also uses several expressions which contain the 
nature of an oath. (See Rom. i. 9, ix. 1 ; 1 Cor. xv. 31; 2 Cor. i. 18; 
Gal. i. 20.) They are solemn appeals to God. It is manifest that 
oaths are not to be used on light or trivial occasions. We are expressly 
commanded not to take God's name in vain. But as the Bible does not 
point out the particular occasions when oaths are to be used ; nor the 
persons who are to administer them, these circumstances are left to the 
discretion of individuals and communities. The necessity of oaths is 
founded in expediency ; and all associations, whether civil or ecclesiasti- 
cal, have a right to use them for confirmation, when, in the exercise of 
a sound discretion, they are deemed important. It is lawful for every 
community, in the compact on which their union is founded, to point out 
the cases in which oaths shall be used, and who shall administer them. 
The authority of Moderators in the Presbyterian Church to administer 
oaths is not derived from the General Assembly, but from the Constitu- 
tion, or articles of compact, which our churches have adopted, and by 
which they have agreed to be governed as a Christian community. It 
may be proper also to add, that the oaths prescribed by ecclesiastical 
authority and administered by civil authority, in no respect interfere 



OF EVIDENCE. 673 

with our relations to civil society. Nor can the administering of them, 
if rightly viewed, be considered as a violation of those laws of the State, 
which prescribe the manner in which civil oaths shall be administered. — 
1823, p. 87. 

[Note.— See Confession of Faith, Chap, xxii, p. 91.] 

2. Testimony should be under oath and recorded. 

Statements were given as evidence by the members of Presbytery, 
which are not recorded, and which do not appear to have been given 
under the usual solemnity of an oath. Craighead's case. — 1824, p. 122. 

LXII. Every question put to a witness shall, if required, be reduced 
to writing. And, if either party desire it, or if the judicatory shall so 
decide, both question and answer shall be recorded. The testimony, thus 
recorded, shall be read to the witnesses, in the presence of the judicatory, 
for their approbation and subscription. 

[Note.— See also under Section lxi, 2, above.] 

LXIII. The records of a judicatory, or any part of them, whether 
original or transcribed, if regularly authenticated by the Clerk, or in case 
of his death, absence, disability or failure from any cause, by the Mod- 
erator, shall be deemed good and sufficient evidence in every other 
judicatory. 

LXIV. In like manner, testimony taken by one judicatory, and 
regularly certified, shall be received by every other judicatory, as no 
less valid than if it had been taken by themselves. 

[Note. — 65. All the evidence introduced in any judicatory shall be received under 
and according to the general rules of evidence, except as otherwise defined and 
limited by the provisions of this chapter. (New. ) 

Adopted, 1881. Omitted 1885, p. 602, and the following sections renumbered.] 

LXV. Any judicatory, before which a case may be pending, shall 
have power, whenever the necessity of parties or of witnesses shall 
require it, to appoint, on the application of either party, a commission 
of ministers, or elders, or both, to examine witnesses; which commission, 
if the case requires it, may be of persons within the jurisdiction of an- 
other body. The commissioners so appointed shall take such testimony 
as may be offered by either party. The testimony shall be taken in 
accordance with the rules governing the judicatory, either orally or on 
written interrogatories and cross-interrogatories, duly settled by the judi- 
catory, due notice having been given of the time when, and place where, 
the witnesses are to be examined. All questions, as to the relevancy or 
competency of the testimony so taken, shall be determined by the judi- 
catory. The testimony, properly authenticated by the signatures of the 
commissioners, shall be transmitted, in due time, to the Clerk of the 
judicatory before which the case is pending. 

LXVI. A member of the judicatory may be called upon to testify in 

a case which comes before it. He shall be qualified as other witnesses 
43 



674 BOOK OF DISCIPLINE, SECT. 66-69. 

are, and, after having given his testimony, may immediately resume his 
seat as a member of the judicatory. 

1. A member of the judicatory required to testify; to refuse is 

contumacy. 

a. Resolved, That a member of the judicatory, present when the judi- 
catory is taking testimony, is bound, if called upon to do so, to give his 
testimony in the case that is in process, and that his refusal to do so, on 
the ground that he had not been cited beforehand, would subject him to 
censure for contumacy. — 1854, p. 45, O. S. 

b. Records of the Synod of Cincinnati excepted to for not sustaining 
Exception 2 to the minutes of the Presbytery of Cincinnati, p. 409, in 
the following words : ' ' Denying to the prosecution the right to introduce 
members of the court on the spot, without a citation, to disprove and 
rebut certain testimony of the defence." — 1878, p. 118. 

LXVII. A member of the church, summoned as a witness, and 
refusing to appear, or, having appeared, refusing to testify, shall be cen- 
sured according to the circumstances of the case for his contumacy. 

1. A minister cited to testify before a Session. 

A request from certain ministers and ruling elders of the Synod of 
Alabama, for the opinion of the General Assembly touching certain 
questions that may arise in the case of a minister, who, when cited by a 
church Session as a witness, declines to appear before that court. The 
Committee recommended that the brethren be referred to the Book of 
Discipline (Old), Chap, i, Sec. v; Chap, iv, Sees, xxi, xxxiii and lxvii; 
Chap, v, Sees, xxxvi, xviii and cxviii; Chap, vi, Sec. lxvii of this 
Book, for answer to their questions. Adopted. — 1854, p. 17, O. S. 

LXVIII. If, after a trial before any judicatory, new evidence is dis- 
covered supposed to be important to the exculpation of the accused, he 
may ask, if the case has not been appealed, and the judicatory shall 
grant, if justice seems to require it, a new trial. 

1. New trial may be had on the allegation of new testimony. 

a. That as new evidence, apparently of an important kind, has been 
alleged in this case since the decision of the Synod, it is proper that a 
new trial be instituted thereon. — 1793, p. 68. 

b. Resolved, That as only one of the parties in this case is present, 
this General Assembly do not consider themselves as placed in circum- 
stances which admit of their reconsidering the decision of last Assembly 
on Mr. Hindman's appeal from the Synod of Philadelphia, even if the 
existence of new evidence were ever so unquestionable. 

Resolved, also, That it is the well-known privilege of Mr. Hindman, 
if he consider himself as having new evidence to offer in this case, to 
apply to the Presbytery for a new trial upon that new evidence. — 1811, 
p. 479. 

C. The Judicial Committee reported on the appeal of John Ward from 
a decision of the Synod of Genesee, that on the ground of new testimony 
the appellant be directed to apply to the church of Bergen for a new 
trial. The report was adopted.— 1829, p. 266; also 1841, p. 307, O. S. 



OF EVIDENCE. 675 

2. If the judicatory refuse to grant a new trial upon the allega- 
tion of new testimony a complaint may lie. 

a. A complaint from Mr. Francis Hindman against the Presbytery of 
New Castle, for not granting him a new trial in his case agreeably to 
the resolution of last Assembly, having been put into the hands of the 
Moderator, was read, together with several papers accompanying it [and 
referred to a Committee] who were authorized to call for other papers, and 
to cite witnesses, if they deem it necessary, and were directed to report 
to the Assembly the result of their attention to the subject. — 1812, p. 
496. 

b. The Committee to which the complaint of Mr. Hindman against 
the Presbytery of NeAV Castle had been referred, reported, and the 
report being read, was adopted, and is as follows, viz. : 

That having carefully examined the papers committed to them, and 
having heard Mr. Hindman in his own case, as also a member of the 
Presbytery of New Castle in explanation of their conduct, they find no 
cause of complaint against said Presbytery in their treatment of Mr. 
Hindman.— 1812, p. 504. 

3. Appeal remitted for new trial on new testimony. 

The consideration of the appeal of Mr. Todd, from the decision of the 
Synod of Kentucky, affirming a decision of the Presbytery of Transyl- 
vania, by which decision Mr. Todd was deposed from the Gospel minis- 
try, was taken up, and the following resolution was adopted, viz. : 

The Assembly, having heard the documents in this case, were of opin- 
ion, that the way is not clear, at present, for the reversal of the sentence 
of suspension; but as it appears to the Assembly, that Mr. Todd's 
opinions have not been perfectly understood; and whereas there appears 
to have been some irregularity, as to the nature of the testimony 
admitted on the trial before the Presbytery; therefore, 

Resolved, That the Presbytery of Transylvania be directed to recon- 
sider the case of Mr. Todd; to afford him another opportunity, of explain- 
ing himself; and, if they should be satisfied, to restore him to his former 
standing. — 1817, p. 666. 

4. A superior judicatory may not order a new trial without the 
allegation of new testimony. 

Appeal of Mrs. M. J. Browning from a decision of the Synod of 
Geneva. The Committee report that it has read the decision appealed 
from, and the reasons assigned for the appeal, and has heard the parties. 
They recommend that the General Assembly sustain the appeal. 

a. 1. Because a superior court cannot order an inferior court to rehear 
a case already decided when no intimation of additional evidence is given. 

[Xote— In cases of appeal, irregularity of proceedings may require a new trial, 
which may be ordered. Case of H. Donaldson ; 1882, p. 107.] 

Nor pass by the next lower, in which the ease has once been adjudicated. 

b. 2. Because in sending back the case, the Synod passed by the 
Presbytery in which the case had once been adjudicated. Adopted. — 
1878,' p. 34. 

LXIX. If, in the prosecution of an appeal, new evidence is offered, 
which, in the judgment of the appellate judicatory, has an important 



676 BOOK OF DISCIPLINE, SECT. 69-70. 

bearing on the case, it shall either refer the whole case to the inferior 
judicatory for a new trial ; or, with the consent of the parties, take the 
testimony, and hear and determine the case. 

1. On the ground of new testimony, the case referred. 

The Judicial Committee reported on the appeal of John Ward, from 
a decision of the Synod of Genesee, that having duly considered the case, 
they recommend that, on the ground of new testimony, the appellant be 
directed to apply to the church of Bergen for a new trial. The above 
report was adopted. — 1829, p. 266. 

2. The fact and importance of new evidence must be shown. 

a. In the case of Rev. George Sheldon (see under Directory for Wor- 
ship, Chap, xii, Sec. iii), the Assembly sustained the inferior courts, and 
in answer to a protest, reply: 

1. The action of the Presbytery in the case was irregular, only tech- 
nically, and not in such a sense as to vitiate the substantial justice of the 
result. The case had been on trial during a period of some three years, 
and ample opportunity had been given in this period for the accused to 
defend himself. 

2. Although it is asserted, that only extracts from Mr. Sheldon's 
letters were admitted in evidence, yet it appears that one letter, and the 
most important one, is given in full ; that the extracts from the other 
letters are undisputed, and that these fairly and clearly present the truth 
in the case. 

3. As to the alleged new evidence, it appears that it was before the 
Judicial Committee of the Presbytery, and read in full before the Synod, 
and was unanimously decided by these judicatories to be no ground for 
reopening the case ; and it also appears, that this testimony is wholly 
irreconcilable with statements made by Mr. Sheldon in the letters above 
referred to. 

4. Inasmuch as the Assembly, after a full hearing of the case, by a 
vote of more than two-thirds, decided that there have been no material 
deviations from the rules of the Book of Discipline for conducting judi- 
cial cases, it is deemed unnecessary at this late hour of their sessions, to 
reply further to the allegations of the protestants. — 1858, p. 609, N. 8. 

b. Rev. L. R. Lockwood asks that the Assembly direct the Presbytery 
of Dubuque to grant him a new trial, on the ground of new testimony. 

The Committee recommend that this application be referred to the 
Presbytery of Dubuque, to the end that if the new testimony be found of 
sufficient importance to justify, that Presbytery may afford Mr. Lock- 
wood the relief he asks. But if, in their judgment, a new trial ought 
not to be granted, that then the appeal shall stand for trial on the record 
as now existing, before the next General Assembly. 

The report was adopted. — 1866, p. 72, O. S. 

C. On examining the new testimony the decision affirmed. 

The consideration of Mr. Gwinn's appeal from the decision of the 
Synod of Pittsburgh was resumed; and the following decision in the case 
was adopted : 

The Assembly, having carefully heard and considered the appeal of 
Mr. Andrew Gwinn from a decision of the Synod of Pittsburgh affirming 



OF EVIDENCE. 677 

the judgment of the Presbytery of Ohio, adopted the following resolution, 
viz. : That whereas, in the judgment of this Assembly, it does not appear 
that the new testimony offered by Mr. Gwinn has in any important point 
changed the aspect of his case: therefore resolved, that the decision of 
the Synod in his case be affirmed. — 1823, p. 90. 

3. The Assembly, after investigation, refuses to refer the case, de- 
spite alleged new testimony, or to grant any further judicial trial. 

The Judicial Committee in the case of the complaint of Rev. James 
Smylie from a decision of the Presbytery of Louisiana, in the case of 
the Rev. Dr. Scott, recommended the following, which was adopted: 

There are three ways in which this complaint might be disposed of : 

1. The Assembly might take it up, wade through the testimony, 
receive the new testimony that, it is understood, the complainant wishes 
to offer, to decide the case. But against this course, besides other 
difficulties, it may be mentioned as a very serious one, that the bare 
reading of the records of the Presbytery would consume four or five days. 

2. Another mode might be adopted, by referring the case for reconsid- 
eration to the Presbytery of Louisiana, who might be directed to take 
any new testimony that should be properly offered. 

3. Or the General Assembly might remand the case to the Synod of 
Mississippi, to hear the complaint, and dispose of it in a regular and 
constitutional manner. This, it is deemed, would be the wisest course. 

But, were either of these modes adopted, it would require a great 
consumption of time, and subject the judicature that might adjudicate 
on the case to great inconvenience and no inconsiderable expense; and 
instead of resulting in practical good, might produce great excitement 
and consequences injurious to the peace and edification of an important 
section of our Church. The testimony is so voluminous, that to form a 
correct judgment on it, would require a retentive memory, patient atten- 
tion, diligent comparison of its several parts, as well as a discriminating 
mind. It is to be regretted that the Presbytery sanctioned by their 
authority the publication of the speeches on both sides of the ques- 
tion 

The Committee recommend to the Assembly the adoption of the follow- 
ing resolution : 

Resolved, That in view of the representation of the case given in the 
above statement by the Judicial Committee, of the voluminous nature of 
the testimony, and of the difficulties attending the case, and believing 
that the interests of the Church will be best promoted by adopting the 
course recommended by the Committee, and being willing to assume the 
responsibility of acting accordingly, this General Assembly do hereby 
terminate this unhappy case without any further judicial trial. Adopted. 
—1847, p. 385, O. S. 



CHAPTER IX. 

OF THE WA YS IN WHICH A CA USE MA Y BE CARRIED 
FROM A LOWER TO A HIGHER JUDICATORY. 

LXX. All proceedings of the Session, the Presbytery, and the Synod 
(except as limited by Chap, xi, Sec. iv, of the Form of Government), 



678 BOOK OF DISCIPLINE, SECT. 70-71. 

are subject to review by, and may be taken to, a superior judicatory, by 
General Review and Control, Reference, Complaint, or Appeal. 

1. A judicial case can come before the Assembly only in some one of 
the above-mentioned ways. 

The Judicial Committee reported that they have had under considera- 
tion the letter of the Rev. A. G. Fraser to this General Assembly — 
that Mr. Fraser states that he has been unavoidably prevented from per- 
sonally prosecuting an appeal from the decision of the Synod of New Jersey, 
of which due notice was given that Synod, and requesting the General 
Assembly to appoint a Committee of ministers and elders to hear and ad- 
judicate the whole matter ; or, if such a plan is not Avithin the jurisdiction 
of the General Assembly, that then this matter of appeal stand over to 
their next stated meeting. The Committee recommended that the following 
answer be given, viz. : According to the Book of Discipline of our 
Church, there are but four ways in which the General Assembly can 
have cognizance of a judicial case. As neither of these ways is contem- 
plated in the request of Mr. Fraser, the Assembly cannot, without a 
violation of constitutional rules, take any action in the premises. In 
regard to a future prosecution of his appeal, the appellant must present 
his case, with the reasons for previous failure, before the next General 
Assembly, whose province it will then be to decide upon the whole 
subject. Adopted.— 1850, p. 463, O. S. 

I. OF GENERAL REVIEW AND CONTROL. 

LXXI. All proceedings of the church shall be reported to, and 

reviewed by, the Session, and by its order incorporated with its records. 

Every judicatory above a Session shall review, at least once a year, the 

records of the proceedings of the judicatory next below; and, if the 

lower judicatory shall omit to send up its records for this purpose, the 

higher may require them to be produced, either immediately, or at a 

specified time, as circumstances may determine. 

[Note.— The first sentence of the Section makes it obligatory upon the Session to 
review and record all proceedings of the church in a congregational meeting ; as, e.g., 
the election of elders and deacons ; the fixing of the term of service under Form of 
Government, Chap, xiii, Sec. viii ; the election of a pastor, or the request to Presby- 
tery to dissolve the pastoral relation, and all other matters in which the congregation 
acts. It thus brings all the ecclesiastical proceedings of congregational (i. e., church) 
meetings under the review and control of the superior judicatories.] 

1. The incorporation of church proceedings is mandatory. 
Explanation of the meaning of this rule. 
Overture from the Presbytery of Pittsburgh, relative to Article lxxi, 
Chapter ix, of the Book of Discipline, asking, first, whether, under that 
article, it is discretionary with church Sessions, to order the minutes of 
congregational meetings to be incorporated with the records of the 
Session; and second, if the rule is mandatory, what portion of the pro- 
ceedings of the church must be included, and what may be omitted, and 
whether the reports of Boards or Committees, i. e. y those of Trustees, 
must be included in the records of the Session ? 

The Committee recommend that the following answer be given : 
1. That the rule is not discretionary, but mandatory, that church 
Sessions shall order the incorporation of proceedings of congregational 
meetings with their own records. 



GENERAL REVIEW AND CONTROL. 679 

2. That it is in the power of church Sessions to direct that the pro- 
ceedings of such meetings, or of the church (whether said proceedings 
are reported to the Session in the form of minutes of meetings, or as 
reports of Boards or Committees) shall be incorporated in the Sessional 
records in such a manner, and to such an extent only, as will faithfully 
exhibit the action taken. 

This construction of the rule in question is to be understood to apply 
to the proceedings of Trustees in all cases, in which, under the laws of 
the places where they exercise their functions, their action is subject to 
review by the Session. Adopted. — 1887, pp. 117, 118. 

2. The incorporation in Session records of the minutes of the Board 
of Deacons is discretionary. 
Overture from the Presbytery of Washington City, relative to Art. 
lxxi, Chap, ix, Book of Discipline, whether under that article it is 
discretionary with church Sessions to order the minutes of the Board of 
Deacons to be incorporated with the records of Session ? Answer : It is 
discretionary. — 1891, p. 107. 

3. Annual review of the records of all the judicatories required. 

a. Whereas, It appeared in the course of the free conversation on the 
state of religion, that in one of the Presbyteries under the care of the 
General Assembly, the Sessional records of the several church Sessions 
were not regularly called up and examined every year by the said Pres- 
bytery, and there is reason to believe that other Presbyteries had con- 
ducted in the same manner; therefore, 

Resolved, That it be and it hereby is required of all the Presbyteries 
within the bounds of the General Assembly annually to call up and 
examine the Sessional records of the several churches under their care, 
as directed in the Book of Discipline. — 1809, p. 429. 

b. The Assembly, after seriously reviewing the order of the last 
Assembly, and maturely deliberating on the remonstrance of the Presby- 
tery of Philadelphia against it, can by no means rescind the said order, 
inasmuch as they consider it as founded on the Constitution of our 
Church, and as properly resulting from the obligation on the highest 
judicatory of the Church to see that the Constitution be duly regarded; 
yet, as it is alleged that insisting on the rigid execution of this order, 
with respect to some of the church Sessions, would not be for edification, 
the Assembly are by no means disposed to urge any Presbytery to pro- 
ceed, under this order, beyond what they may consider prudent and 
useful. —1810, p. 453. 

[Note.— See Form of Government, Chap, ix, Sec. viii, p. 173 ; Chap, x, Sec. ix, p. 
224; Chap, xi, Sec. vi, p. 246.J 

4. The Synods required to send up their records annually. 

Whereas, It is an essential feature of the government of the Presby- 
terian Church that the records of all its Synods should be transmitted 
annually to its highest court —the General Assembly — for examination ; 
and, 

Whereas, This Assembly has painful evidence that this important 
regulation is by some of its Synods frequently, and by others entirely, 
neglected; therefore, 

Resolved, That all our Synods be enjoined to take such order on this 
subject as shall ensure hereafter a faithful observance of the above 



680 BOOK OF DISCIPLINE, SECT. 71. 

regulation ; and in all cases where the Stated Clerks of any of our Synods 
have failed this year, or may hereafter fail, to obey their order, or the rule 
of the Assembly respecting this matter, such Synods are hereby required 
to judge of the reasons which such Clerks may offer for their delinquency, 
and to excuse or censure them according to the circumstances of the 
case.— 1839, p. 165, O. S. 

[Note. — See also other decisions on p. 255 of this Digest.] 

5. After records have been approved corrections can be made only 
by recurrence to the judicatory approving. 

Overture from the Session of the church of Wabash, Ind., on the 
following questions: 

1. After the records of a church Session have been examined and 
approved by the Presbytery, and those of the Presbytery, in like man- 
ner, approved by the Synod, has either the Session or the Presbytery a 
right or any authority to change or erase the record ? 

2. If not, has the Session any legal right to make a second record 
declaring the first erroneous and void ? 

The Committee recommended that the following answer be given: 
A record, once approved by a higher court, cannot be altered or 
annulled by a lower one. If there be an error in the record, the remedy 
is to be sought by an application to the highest judicatory which has 
indorsed such mistake. Adopted. — 1862, p. 34, N. S. 

6. Leave given to correct the record on error shown. 

On p. 51, Vol. ii (of the records of the Synod of Cincinnati), a 
minute is found stating that in 1878 there is a record that had found its 
way among the proceedings of the Synod, although the same had not 
been ordered. The records have been approved by the Assembly of 
1879, with this error in them. The Synod asks permission of this 
Assembly to declare this minute " to be no part of their proceedings." 
We recommend that the Synod have such permission. Adopted. — 1880, 
p. 81. 

7. A minute recording a fact can be amended or stricken out only 
by a unanimous vote or by a reconsideration of the original action. 
It was moved to strike out the exceptions takeu to the records of the 
Synod of New Jersey. The Moderator suggested that the motion was 
out of order, but he would put it to the house ; which having been done, 
the motion was sustained with the exception of one No. The Moderator 
then declared the motion lost, as a minute recording a fact could not be 
amended but by a unanimous vote of the house, and he suggested that 
the case could be reached only by a motion to reconsider the vote of 
yesterday, by which the house refused to reconsider the vote adopting the 
report of the Committee on the records of the Synod of New Jersey. 
On appeal, the Moderator' s decision was sustained. The vote was recon- 
sidered. The report of the Committee was reconsidered and the records 
approved.— 1841, p. 424, O. S. 

8. A case judicially issued may be reviewed. 
A protest against the Synod of Cincinnati in reviewing, under the 
power of review and control, certain actions of the Presbytery in the 
case of the Rev. Mr. McCune, which case had been judicially issued by 



GENERAL REVIEW AND CONTROL. 681 

the Synod. The Committee recommend that the action be approved, 
for reasons set forth in the answer to the protest. Adopted. —1878, p. 
118. 

[Note.— See Sec. lxxii (4) and (5), p. 682.] 

9. Copies of original records accepted in certain cases. 

a. The records of the Synod of China, kept in Chinese, were accepted 
in a translated copy by the Assembly of 1871. 

b. The Committee on the records of the Synod of India reported that 
a certified printed English translation of the minntes of the Synod had 
been placed in their hands. They recommend the approval of the records 
extending from December 27, 1877, to January 3, 1878. Adopted. — 
1878, p. 43. 

10. Records in print must conform to the requirements. 

[Note— See in this Digest, pp. 258, 259.] 

LXXII. In such review, the judicatory shall examine, first, whether 

the proceedings have been correctly recorded ; second, whether they 

have been constitutional and regular; and third, whether they have been 

wise, equitable, and for the edification of the Church. 

[Note. — For decisions on records, in addition to those which here immediately fol- 
low, see, in this Digest, Session, pp. 173, 174 ; Presbytery, pp. 224, 225, and Synod, pp. 
246-259. it is important to consult the decisions given on the pages indicated.] 

I. WHETHER THE PROCEEDINGS ARE CORRECTLY RECORDED. 

1. Omitting to record the opening or closing with prayer. 

a. The records of the Synod of Pennsylvania approved, except that 
" there is no evidence from the records that the last meeting of the Synod 
was opened with prayer."— 1850, p. 314, K S. ; 1859, p. 531, O. S. ; 
Kentucky, 1854, p. 501, N. S. 

b. The records of the Synod of Tennessee were approved, with the 
following exceptions: 

1. On p. 34 it appears from the record that the Synod adjourned at 
the close of the day without prayer. 

2. On p. 36, it is recorded that the Synod was constituted with prayer, 
it being the second day of the sessions of the Synod. — 1854, p. 500, N. S. 

C. Records of Synod of Minnesota approved, except " that on p. 54, 
in the record of the session of Friday, September 30, 1859, no mention 
is made of the opening services." — 1860, p. 239, N. S. 

d. The opening minute of each session of the Synod of Cincinnati is 
defective, in not recording the meeting of the Synod before its being 
opened with prayer. — 1849, p. 177, N. S. 

e. Records of Synod of Cincinnati approved, except " that (on p. 5) 
the Synod adjourned without prayer." — 1865, p. 553, O. S. 

f. The Synod of Colorado took recess from 9.30 P.M. to 9.30 A.M., 
and did not close with prayer. — 1887, p. 129. 

[Note.— See also Synod of Colorado, 1887, p. 129 ; Texas, 1888, p. 135 ; Nebraska, 
1889, p. 133 : Indian Territory, 1889, p. 133. 
Church Sessions are not required to open and close with prayer. See p. 161.] 

2. Failing to record absentees. 
Judicial case, the protest of J. B. Roberts against the action of the 
Synod of the Pacific, in excepting to the records of some of the Presby- 



682 BOOK OF DISCIPLINE, SECT. 72. 

teries in said Synod, on the ground that the names of the absentees are 
not recorded. 

The Committee recommends that the action of said Synod be main- 
tained as final. Adopted. — 1887, p. 68. 

[Note. — See, also, in this Digest, p. 256.] 

3. Churches not represented must be recorded. 

Synod of Tennessee. The unrepresented churches are not recorded. 
—1894, p. 181. 

4. The roll should be called prior to adjournment. 

The minutes of the Synod of Kansas were approved, except that the 
roll was not called prior to the adjournment of the Synod, whereas it 
should have been called, and the names of absentees unexcused recorded, 
if there were any such, and if not, that fact recorded. — 1895, p. 124. 

5. The narrative of the state of religion to be recorded. 

a. The records of the Synod of Illinois were approved, with the 
following exception, viz. : 

At the sessions of Synod in October, 1846, it does not appear from the 
records that a narrative of the state of religion was prepared. Such an 
omission is considered contrary to the general usage of Synods, and not 
for the edification of the Church.— 1849, p. 176, N. S. 

b. The records of the Synod of Illinois were approved, except " that 
they do not contain the narrative on the state of religion which was 
presented by the Committee on that subject at the sessions of the Synod 
in 1854: p. 434."— 1857, p. 387, N. S. ; 1861, p. 462, N. S. ; 1862, 
p. 28, N. S. 

C. Resolved, That the Assembly earnestly recommend to the Presby- 
teries and Synods to record in their minutes the narrative of religion, and 
all other important papers. — 1870, p. 91. 

d. Synod of Illinois, in " the omission of the narrative from the 
record."— 1881, p. 593; Synod of Washington, 1892, p. 200. 

[Note.— See, also, in this Digest, p. 254.] 

6. Cases acted upon must be described, and the disposal made of 

them indicated. 

a. Synod of Cincinnati. On pp. 6 and 13 a complaint was received, 
referred and decided, without any statement in regard to the character 
of said complaint. — 1865, p. 553, O. S. 

b. Synod of Philadelphia, except that it appears from p. 282 that an 
appeal and complaint was issued in the usual form without any intimation 
of what the sentence or proceeding was against which the complaint was 
made; and that it appears, from p. 273, that another complaint was 
issued without any record of the proceeding complained of, or of the 
body whose proceeding was the subject of complaint. — 1852, p. 216, 
O. S. 

C. The Synod of Baltimore, except that on pp. 327 and 348 the 
Synod records the issuing of Judicial Cases " No. 1 " and " No. 2," 
but in neither case is the subject-matter of the complaint recorded. — 
1885, p. 661. 

[Note.— See, also, in this Digest, pp. 249, 250 and 253.1 



GENERAL REVIEW AND CONTROL. 683 

II. WHETHER THEY HAVE BEEN CONSTITUTIONAL AND REGULAR. 

1. Unconstitutional and irregular proceedings. 

a. The Synod of Philadelphia (resolution 3), annuls a sentence of 
suspension, and in resolution 4 substantially acknowledges the justice of 
the sentence thus annulled. 

The Synod interposes to restore a man to the exercise of the ministry 
of the Gospel who, they acknowledge, has frequently made representations 
without due regard to truth and candor. Thereupon 

Resolved, That the Assembly direct the Synod to review and amend 
the record on p. 18, in the case of the appeal from the Presbytery of 
Donegal. Discipline (Old), Chap, vii, Sec. i, Sub-sees, ii, iii. — 1858, 
reprint, p. 565. 

b. The Committee appointed to examine the records of the Synod of 
Geneva reported, and the book was approved to p. 257, with the follow- 
ing exception, viz. : That the Synod decided improperly in saying that 
the complaint of D. C. Hopkins was not strictly sustained, while they at 
the same time say that each and every act of the Presbytery of Onon- 
daga complained of was irregular and improper. — 1822, p. 40. 

2. A Synod may not institute and prosecute judicial proceedings. 

That the proceedings of the Synod of Cincinnati, in the institution 
and prosecution of judicial process against William Graham, subjecting 
him first to censure, and afterwards to suspension, under which he now 
labors, are unconstitutional and irregular, therefore null and void; and 
that the Synod be, and is hereby enjoined to take constitutional action 
in the case, and to revise and correct its proceedings accordingly. While 
the Assembly thus speak on the constitutionality of the matter, they do 
it without reference to the error or truth of the sentiments he advocated. 
—1846, p, 31, N. S. 

3. A Synod may not refuse to receive the members of its 
Presbyteries. 

a. The records of the Synod of Michigan were approved, with the 
following exception: That on pp. 137, 138, 139, 140, the Synod 
declined to receive two members whose names appear on the minutes of 
two of the Presbyteries, and that the Synod also directed said Presby- 
teries to strike the names of said members of Presbytery from their roll, 
one of the members belonging to the Presbytery of Monroe, the other to 
the Presbytery of St. Joseph.— 1849, p. 176, N. S. 

TNote.— See c, p. 684.] 

b. The records of the Synod of Indiana approved, with the following 
exception : 

On pp. 157 and 158 the record declares that Synod refused to enroll 
the Rev. E. B. Smith, because he had made no public contradiction of 
the fact that his name appears in the public prints as a signer of the 
Declaration and Testimony, although he privately informed the Stated 
Clerk of Synod that he had neither himself signed the " Declaration 
and Testimony," nor authorized any one to sign it for him, as appears 
from p. 153 of the records. 

It seems to the Committee that the Synod should have directed the 
Rev. Mr. Smith to make a public contradiction before taking further 
action, because, as the record now stands, it implies that the Synod has 



684 BOOK OF DISCIPLINE, SECT. 72. 

no confidence in his statements. If his statements are unworthy of 
belief he should be disciplined. The Committee recommend that the 
Synod be directed to review its action. — 1867, p. 357, O. S. 

C. Overture on the doings of the Synod of Michigan, the matter of 
enjoining the Presbyteries of St. Joseph and Monroe to erase the names 
of Rev. Marcus Harrison and Rev. A. L. Payson from their rolls, was 
taken up. It was Resolved, That the action of the Synod in the prem- 
ises is unconstitutional. — 1849, p. 177, N. S. 

4. A superior judicatory may not compel an inferior court to reverse 
its decision, without assigning specific reasons. 
Synod of Pittsburgh. Inasmuch as it is contrary to the spirit and 
principles of the Presbyterian Church, and subversive of the true design 
of ecclesiastical discipline, for a superior judicatory to compel an inferior 
court to reverse its decision, rendered after a full, fair and impartial 
trial, without assigning and placing on record some specific reason for 
such reversal, — that the records, so far as they relate to this point in the 
case, be disapproved. — 1874, p. 86. 

5. The reasons assigned are subject to review. 

The records of the Synod of Kentucky were approved, with the follow- 
ing exception: 

On pp. 128 and 129, the Synod except to the action of a Presbytery 
in approving the Sessional records of a certain church, because of the 
alleged irregularity of said Session in receiving members into the church 
on return of certificates alone, after undue length of time, knowledge of 
such irregularity being brought to the Synod's notice by a protest (Book 
of Discipline, Old, Chap, ii, Sec. ii). Your Committee recommend 
that exception be taken to this action of the Synod, because in their 
judgment the Synod's exception to the Presbytery's action is not well 
taken; for the reason that it appears to your Committee, from papers 
placed in their hands, and which ought to have been in the Synod's 
possession before taking action in the case, that the parties in question 
had good and sufficient reasons for such 'delay: being unsettled as to a 
permanent home, their moral and religious life meantime being well 
known to all the Session as fully comporting with the requirements of 
the Gospel of Christ.— 1880, p. 79. 

[Note. — See Book of Discipline, Sec. cxiv.] 

6. Censure without due examination condemned. 

The records of the Synod of the Pacific approved, with the following 
exception, viz., that on p. 632 a Committee, appointed to answer a pro- 
test, report that they have not had time to examine the authorities 
referred to, yet proceed to pass severe judgment in the case. — 1882, p. 94. 

7. No second approval of the minutes necessary. 

Overtures from the Presbyteries of Kittanning and Butler, respec- 
tively, asking whether it is necessary formally to approve, after they are 
engrossed, minutes which were approved before they were engrossed ? 
Your Committee recommend that the answer be as follows: 

It is the regular custom of our Presbyteries to read all minutes at the 
close of the session from the original copy for approval, and to record 
such approval in the minutes themselves. It is usual to read the 
engrossed copy at the next session of Presbytery for information, and if 



GENERAL REVIEW AND CONTROL. 685 

clerical errors be discovered they should be corrected by resolution, but 
no second resolution for the approval of said minutes is or should be 
required.— 1892, p. 188. 

[Note. — See, also, in this Digest, p. 247.] 

III. WHETHER THEY HAVE BEEN WISE, EQUITABLE, AND FOR THE 
EDIFICATION OF THE CHURCH. 

1. The lower judicatories must respect the decisions of the superior. 

a. The records of the Synod of Missouri were approved, except a 
resolution on p. 324, viz.: " That the action of the General Assembly 
in May last, in relation to the political condition of the country, was 
unscriptural, unconstitutional, unwise, and unjust; and we therefore 
solemnly protest against it, and declare it of no binding force whatever 
upon this Synod, or upon the members of the Presbyterian Church within 
our bounds.' '—1862, p. 631, O. S. 

b. The records of the Synod of Kentucky were approved with the 
following exception: 

That this General Assembly cannot approve the Synod's disapproval 
of the action of the Assemblv of 1861, as recorded in the Synod's 
minutes on pp. 49 and 50.— 1862, p. 631, O. S. 

2. Synods censured for insubordination and disrespect. 

a. Resolved, That this Assembly does not approve the records of the 
Synod of Missouri ; that so much of said records as attempt to declare 
null and void the previous action of the Synod, which had been formally 
approved by the Assembly, is an act of insubordination, which said 
Synod is hereby required to reconsider and reverse ; that they report to 
the next Assembly what they have done or failed to do in the premises 
and until that time the usual certificate of the Moderator be withheld.* 

The remaining portion of the report was then adopted as follows: 
On p. 365, where the Synod reaffirm their testimony of November, 
1861, with regard to the action of the Assembly of the same year, 
known as the Spring Resolutions— which testimoDy declares the action of 
that Assembly on the state of the country to be " unscriptural, uncon- 
stitutional, unwise and unjust; of no binding force whatever on this 
Synod, or upon the members of the Presbyterian Church within our 
bounds. ' ' 

The Committee also recommend that, besides excepting to the record 
as above stated, the repeated exhibition of such a rebellious spirit, on the 
part of any inferior court toward the supreme judicatory of the Church, 
should not pass without censure. — 1866, p. 97, O. S. 

b. The Committee recommended approval with the following excep- 
tion : The Synod of Albany claim and exercise the right of disregarding 
the exceptions to their records by the General Assembly of 1847, which 
they consider disrespectful and disorderly. — 1848, reprint, p. 42, O. S. 

C. Finally, the Assembly cannot but express their disapprobation of 
the concluding paragraph of the memorial of the Synod of Ohio, in 
which they say, " the Synod consider the judgments entered upon their 
records against Samuel Lowery in October, 1822, as remaining in full 
force," etc. 

* The next year, the Synod having complied with the requirements of the Assem- 
bly, as appeared from an official transcript of its records on the subject read to the 
Assembly, the Moderator was directed to approve the records of the Synod of Mis- 
souri of last year— 1867, p. 316, 0. S. 



686 BOOK OF DISCIPLINE, SECT. 72. 

This declaration, notwithstanding the respectful expressions of the 
Synod, is apparently wanting in the respect due from an inferior to a 
superior judicatory; and is repugnant to the radical principles of the 
government of the Presbyterian Church. If an inferior court has 
authority to declare that its own decisions are in force, after they have 
been reversed by a superior court, then all appeals are nugatory, and our 
system, as it relates to -judicial proceedings, is utterly subverted. The 
Assembly are willing to believe, however, that the Synod of Ohio did 
not mean to set themselves in opposition to the highest judicatory of the 
Church, and that when they have reconsidered the matter, they will 
rescind what is so manifestly inconsistent with the principles of the 
Constitution, which they have bound themselves to support. — 1824, p. 
116. 

3. Irregularities recited and animadverted on. Complaint will lie 
against decisions not judicial. Action insufficient and unjust. A 
member of the court may be called as a witness. Minutes should 
be approved before adjournment. 

The minutes of the Synod of Cincinnati were approved, with the 
following exceptions: 

a. Exception 1. The dismissal of Complaints Nos. 2, 3, 4, 5; the 
paper entitled Appeal No. 6 (pp. 345-347); and the complaint of the 
Rev. Thomas H. Skinner (pp. 441, 442), on the ground that they were 
not from judicial decisions. 

b. Exception 2. That the action of Synod in reference to the case of 
the Rev. N. West, D.D., against the Rev. B. P. Aydelotte, D.D., was 
both insufficient and unjust. The action referred to is the first exception 
to the minutes of the Presbytery of Cincinnati, adopted November 20, 
1877, and is as follows: " The Presbytery seems to have gone to the 
extreme of leniency in being satisfied with Dr. B. P. Aydelotte' s explana- 
tion of an article published in the Christian Press of May, 1876, which 
Dr. N. West deemed slanderous, and for which he tabled charges against 
the author. We do not mean to say that judicial process should have 
been instituted, but we think Dr. Aydelotte should have been exhorted 
to be more careful in publishing articles capable of so offensive a per- 
sonal interpretation." The Synod, in view of their own declarations, 
should either have directed the Presbytery to entertain the charge of 
Dr. West, or to have adopted a minute declaring him free from the 
imputations of published articles which they declared capable of an 
" offensive personal interpretation," especially in view of the complete 
vindication of Dr. West by the Presbytery a few weeks before (see 
minutes of the Presbytery of Cincinnati, at Glendale, April 13, 1876). 

C. Exception 3. That the action of Synod in reference to the second 
exception (printed p. 27) is manifestly insufficient and unjust; each 
action of the Presbytery, if it was as Synod declares it to be, should 
have called down upon the Presbytery the severest rebuke for malfea- 
sance. 

And further, there seems to be no evidence of any kind, on the 
records of the Presbytery, of any such statements made by Dr. West as 
are alleged to have been made in Resolution 2 of the Judicial Committee 
of the Presbytery; and the fact that said resolution was adopted a year 
subsequent to the time alluded to, and in the absence of Dr. West, and 
the Synod's own statement that it seems to have been prepared for a 



GENERAL REVIEW AND CONTROL. 687 

purpose, demand that the said resolution be expunged from the records 
of the Presbytery of Cincinnati. 

d. Exception 4. That the action of Synod in reference to the third 
exception (printed p. 27) is insufficient and unjust, because the act 
barely disapproved, involved the subjection of Dr. West, without cause, 
in a matter of private affliction, to the suspicion of improper conduct, 
when a Committee of the Presbytery, in a report approved by the Pres- 
bytery, had declared themselves satisfied as to the propriety of his con- 
duct. The action of the Presbytery should have been rebuked. 

Exception 5. In not sustaining Exception 2 to the minutes (p. 409), 
in the following words, ' ' Denying to the prosecution the right to intro- 
duce members of the court on the spot, without a citation, to disprove 
and rebut certain testimony of the defence. ' ' 

Exception 6. In not approving the minutes of the last day of the 
meeting of the Synod at Cincinnati, February 14, 1878, before their 
adjournment. Adopted. — 1878, pp. 117, 118. 

4. The approval of the minutes does not affect the right of appeal or 
complaint against any action taken. 

Overture from Rev. Luther Dodd, a member of the Presbytery of 
Fort Dodge, asking the General Assembly to reply to the following 
questions : 

1. Does the approval of the minutes of a lower court, as those of a 
Presbytery by a Synod, not necessarily carry with it an approval of any 
and every judicial decision recorded in those minutes ? 

2. Is it competent for a Synod, having approved the records of a 
Presbytery, to remand a case recorded in those records for new trial, on 
grounds reflecting censure on the Presbytery ? 

3. Or would it be proper for a Synod, in a case where they approve 
the minutes of Presbytery, to require a new trial on any other grounds 
than alleged new testimony ? 

The Committee recommended the following reply: The constituted 
right of appeal, " either from a part of the proceedings of a judicatory 
or from a definitive sentence, ' ' and the right of complaint ' ' respecting a 
decision by an inferior judicatory," " either before its rising, or within 
ten days thereafter, ' ' cannot be in any way affected by the approval of 
the minutes of the judicatory, against the action of which the appeal or 
complaint may be taken. Adopted. — 1879, p. 613. 

5. The approval of the minutes does not validate all action had. 

a. A memorial from the Synod of Minnesota with reference to the 
relation of the churches of Douglass county, Wis. , to the Presbytery of 
Duluth. 

Answer: The approval of the minutes of the Synods of Wisconsin 
and Minnesota by the General Assembly of 1889 does not make valid 
the action taken by said Synods in relation to the churches of Douglass 
county, Wis.— 1890, pp. 128, 129. 

b. A memorial from the Synod of Minnesota, inquiring whether the 
approval by the General Assembly of the minutes of Minnesota and of 
Wisconsin did not carry with it a grant of their petition for a change 
in the boundaries of the two Synods. Recommended that the inquiry be 
answered in the negative. — 1890, p. 130. 



688 BOOK OF DISCIPLINE, SECT. 72-74. 

6. Review and control does not extend to statistical items 
in Session records. 

Overture from the Presbytery of Chicago, on the following points: 

1. Does the right of "general review and control" extend to the 
statistical items of baptisms and administrations of the Lord's Supper, 
inserted for record and convenient reference, in chronological order, 
between the minutes of actual proceedings ? 

7. Nor to the agreement of the action of Sessions with Presbyterial 

rules for Sessions, not warranted by the Constitution. 

2. Can the Presbytery pass rules for the conduct of church Sessions, 
and then take exception to the proceedings of church Sessions that are 
not according to said rules, when the rules are not prescribed bv our 
Form of Government or Book of Discipline ? 

Your Committee recommend that both these questions be answered in 
the negative. Adopted. — 1883, p. 631. 

8. Action modified or reversed by the reviewing judicatory may be 

excepted to. 

a. The records of the Synod of California were approved except so 
far as the actions therein recorded have been modified or reversed in 
Judicial Cases Nos. 5, 6 and 7.— 1896, p. 154. 

b. Synod of Pennsylvania, except: 

1. So much of the record as refers to the West Elizabeth church case 
(pp. 47, 48), the judgment of the Synod being reversed by the General 
Assembly (see Judicial Case No. 2, p. 85). — 1896, p. 155. 

LXXIII. Members of a judicatory, the records of which are under 
review, shall not be allowed to vote thereon. 

Cases cited. 

a. A protest signed by a number of members of the Synod of Geneva, 
against a decision of that Synod, excluding the Presbytery of Geneva 
from voting on the question, Whether their own records should be 
attested by the Moderator of the Synod as approved. Your Committee 
were, however, of opinion that the decision of the Synod was consonant 
to the prevalent usage of the judicatories of the Presbyterian Church, as 
well as to the usage of other analogous bodies in similar cases, and that 
it ought therefore to be approved. Adopted. — 1816, p. 611. 

b. The records of the Synod of Kentucky approved, except " that 
the members of the West Lexington Presbytery voted in approbation of 
their own proceedings, which is deemed to be irregular." — 1821, p. 28. 

C. The Moderator and elder from the Session of Irish Grove claimed 
the right to vote on the disapproval of their records; which was refused 
by Presbytery. The Session complained. The Assembly inter alia 
decide : 

That the Presbytery of Sangamon acted correctly in not permitting the 
raenibers of Irish Grove Session to vote for approving or disapproving 
their own records. — 1851, p. 33, O. S. 

[Note.— See also, under Book of Discipline, Sees, xc and xcviii.] 

LXXIV. In most cases the superior judicatory may discharge its 
duty, by simply placing on its own records, and on those under review, 
the censure which it may pass. But irregular proceedings may be found 



GENERAL REVIEW AJO 

so disreputable and injurious, that the inferior judicatory must be 
required to review and correct, or reverse them, and report, within a 
specified time, its obedience to the order: provided, :. that no 

judicial decision shall be reversed, unless regularly taken up by appeal 

ut complaint. 

1. The Assembly may not reverse the judicial acts of a former 

Assembly, except in case of manifest injustice. 

a. This Assembly has no authority to reverse the judicial acts of a 
former General Assembly, except in cases of such palpable error a~ 
would manifestly tend to interfere with the substantial administrat: 
justice. Case : B. Lowry. — 1824, p. 115. 

b. This Assembly are of opinion that the correct mode of proc 
ing for the last Assembly would have been to have suspended the 

on the appeal, until th- : the inferior judicatories should have 

been present, because the rules in our Form of Government prescribe, 
that before a judgment is given, all the proceedings of the inferior judica- 
- in the case should be read, and it is a sound maxim, generally 
admitted in courts of justice, that the best evidence which the case 
admits of should be required, which in all trials is undoubtedly the record 
of the judicatory . But while they entertain this opinion of the m<\ 
proceeding, they believe that the decision of the last General Assembly 
substantially c md was not different from what it would have 

been if they had had all the proceedings of the inferior judicatories 
before them. — Ibid. 

C. A memorial of the pastor and ruling elders of the church of 
Bloomington, 111., in respect : the decision of the last Assembly upon 
the appeal of Dr. T. F. Worrell. 

The Committee recommend that this memorial be dismissed, on the 
ground that it is not competent for this Assembly to revise the proceed- 
ings f a previous Assembly in a judicial case. 

The recommendation was adopted. — 1864. p. 313. 0. - 1 . 

2. But will correct error when shown to exist. 

In the case of the memorial of the Synod of Onondaga (see Jfti 
1864. p. 474. ST. 8. . ti was determined inter alia as folk 

2. In view of the whole case, your Committee further find that the 
last Assembly seern to have acted without such a knowledge of all the facts 
of the case as a regular presentation of the complaint and the re 
would have given them; and that, therefore, the case is ne which 
justifies the action of this Assembly in relief of the Synod. 

3. Your Committee further find that the action of the Synod 
scrupulously conformed to the requirements of our Book. 

They had the right to send the case back to the Presbytery, or to 
review the whole of it, according to their discretion. It is not for this 
court to decide which would have been the wiser course. The Synod 
judge it best to review the whole case, and their discretion is not a 
matter of review by this body. 

Your Committee, therefore, recommend : 

That the requisition of the last Assembly on the Synod of Onondaga 
be rescinded, and that the case be dismissed. 

While the Committee come to this conclusion, thev feel constrained 
44 



690 BOOK OF DISCIPLINE, SECT. 74. 

also to express decidedly their disapproval of tlie language of the Synod, 
pronouncing the action of the Assembly " unjust and unconstitutional." 
The report was adopted.— 1864, p. 475, N. S. 

3. The Assembly, on memorial, and error proven, revokes its action 
and remands the case. 

Paper No. 3 is a memorial of the Presbytery of Furrukhabad to the 
General Assembly, dated February 21, 1884, asking that the resolution 
of the last General Assembly, censuring the said Presbytery, and 
directing it to reconsider its action in restoring Rev. John S. Woodside 
to the ministry (see Minutes, p. 628, 4), be revoked, and that the case 
be referred to the Synod of India for final adjudication. 

1. Your Committee find that said action was taken upon a complaint of 
the Presbytery of Saharanpur against the Board of Foreign Missions, 
for employing Mr. Woodside while under sentence of deposition by said 
Presbytery of Saharanpur. 

2. That the Presbytery of Furrukhabad was not complained of, nor 
even named or referred to in said complaint. 

3. That the Presbytery of Furrukhabad was not notified of the pre- 
sentation of said complaint, nor was it cited to appear in answer to the 
same, nor to give reasons for its action; it had no representative in the 
Assembly, and its records were not before the Assembly or its Committee; 
the Presbytery, therefore, had no opportunity to defend itself nor to 
justify its action before the General Assembly. 

All the facts in respect to the deposition and restoration of Mr. Wood- 
side took place in India, and the Synod of India, being on the ground, 
has means and facilities for examining the case and reaching a just and 
fair decision upon all the merits of the question at issue between the 
Presbyteries which it is difficult, if not impossible, for the General 
Assembly to avail itself of; and to that Synod the whole matter should, 
in the opinion of your Committee, be remitted for determination, subject 
to final review in a regular way by the General Assembly. 

Your Committee, therefore, recommend the following resolution: 
Resolved, That the resolution of the last General Assembly (Minutes, 
p. 628, 4), in respect to the action of the Presbytery of Furrukhabad, 
in restoring John S. Woodside to the ministry, and the direction there 
given to the Presbytery, be and they are hereby revoked, and that the 
whole case be and the same is hereby referred to the Synod of India, for 
its review, examination and adjudication, according to the Constitution 
of the Church. Adopted.— 1884, pp. 108, 109. 

4. Exceptions must be recorded by the judicatory excepting. 

a. Overture from the Presbytery of Columbus, requesting the Assem- 
bly to direct the insertion, in the minutes of this Assembly, of the excep- 
tions taken by the last Assembly to the records of the Synods of Cincin- 
nati, Illinois Central, Indiana North, New Jersey, and Tennessee, as 
noted on p. 580, Minutes of 1877; and further, to direct the Clerks 
hereafter carefully to observe the constitutional rules in tins respect. 

The Committee recommend the following answer: 

That while the Assembly does not deem it expedient to order the inser- 
tion of the exceptions taken to the records of the Synods in question the 
last year, it calls the particular attention of the Recording Clerks of the 
General Assembly to the duty of complying with the requirements of the 



GENERAL REVIEW AND CONTROL. 691 

Book of Discipline (Old), Chap, vii, Sec. i, Sub-sec. 3. Adopted. — 
1878, p. 27. 

b. The records of the Synod of Indiana approved, " except that on 
p. 342 the records of Greencastle Presbytery are reported as approved, 
with exceptions, while these exceptions are not spread on the minutes of 
the Synod, as required by the Book of Discipline (Old), Chap, vii, Sec. 
i, Sub-sec. 3."— 1857, p. 387, N. S. 

C. Synod of Wheeling, p. 409. The exceptions to the records of 
New Lisbon Presbytery are not recorded, in violation of the Book of 
Discipline (Old), Chap, vii, Sec. i, Sub-sec. 3.— 1859, p. 550, O. S. 

d. The Synod of Illinois North, except the omission from record of 
the exceptions to the minutes of the Presbytery of Chicago, which, it is 
stated on p. 285, were adopted by the Synod. Adopted. — 1881, p. 593. 

[Xote.— See Moore's Digest, 1886, p. 665.] 

5. Irregular and injurious proceedings censured. Reasons for 
discipline must be given. 

Exception to the records of the Synod of Onondaga. " On p. 186 
we find the Synod administering censure to the Presbytery of Cayuga 
for an act of discipline toward one of its churches on the ground that 
the reasons for such discipline were not given according to the require- 
ments of our Book of Discipline, yet on the next page we find the said 
Synod reaffirming the acts of a church censured by its Presbytery, and 
reversing the decision of the Presbytery, without giving the required 
reasons for such a singular proceeding." — 1863, p. 277, N. S. 

[Note. — See, also, under Sec. lxxii, p. 681.] 

6. Judicial decisions may not be reversed on review, but must be 
respected until passed upon by the superior judicatory. 

[In a case where the organization of a Presbytery was irregular, see 
Form of Government, Chap, x, pp. 178 and 189. The Assembly inter 
alia declare :] 

a. The Book of Discipline (Old), however, prescribes, Chap, vii, 
Sec. i, Sub-sec;. 4, that " no judicial decision of a judicatory shall be 
reversed unless it be regularly brought up by appeal or complaint." 

The trial of a minister under the circumstances proposed in the over- 
ture, must be regarded as any other trial, where there has been informality 
or irregularity in the citation, or other preliminary stages of the process. 
The trial, with the judgment based upon it, must be respected, until 
the Synod, as the superior judicatory, shall judge how far the irregularity 
vitiates the proceedings, and defeats the ends of justice, and shall annul 
or confirm the same. — 1861, p. 457, N. S. 

b. The Synod likewise seems to have erred in censuring as they did the 
Committee of the Miami Presbytery, and in acting inconsistent with 
Constitutional Rules (Discipline, Old), Chap, vii, Sec. i, Sub-sees. 2 
and 4, by virtually reversing a judicial decision, and this without citing 
the Presbytery to appear and answer, on the mere review of their 
records.— 1857, p. 45, O. S. 

[Note.— See, also, under Sec. lxxii, p. 681 ; 1874, p. 86 ; and 1879, p. 613.] 

7. On review a Synod is directed to review and correct 
its proceedings. 
With respect to the irregularity of its proceedings, the Assembly 
directs the Synod of Atlantic to review and correct so much of its pro- 



692 BOOK OF DISCIPLINE, SECT. 74-78. 

ceedings as were of a judicial character (case of James A. Rainey, 1891, 
p. 144) in accordance with the provisions of the Book of Discipline, 
Section Ixxiv, care being had, in such correction, to the direction of this 
Assembly in the matter of the appeal of the Rev. James A. Rainey 
against the Synod of Atlantic. — 1891, p. 188. 

LXXV. If a judicatory is, at any time, well advised of any uncon- 
stitutional proceedings of a lower judicatory, the latter shall be cited to 
appear, at a specified time and place, to produce the records, and to show 
what it has done in the matter in question ; after which, if the charge is 
sustained, the whole matter shall be concluded by the judicatory itself, 
or be remitted to the lower judicatory, with directions as to its disposition. 

[Note. — See, Form of Government, Chap, xii, Sec. v, p. 281, and Book of Discipline, 
Sec. lxxvi.] 

LXXVI. Judicatories may sometimes neglect to perform their duty, 
by which neglect heretical opinions or corrupt practices may be allowed 
to gain ground, or offenders of a gross character may be suffered to 
escape ; or some part of their proceedings may have been omitted from 
the record, or not properly recorded. If, therefore, at any time, the 
superior judicatory is well advised of such neglects, omissions, or irregu- 
larities on the part of the inferior judicatory, it may require its records 
to be produced, and shall either proceed to examine and decide the 
whole matter, as completely as if proper record had been made; or it 
shall cite the lower judicatory, and proceed as in the next preceding 
section. 

1. Citation of judicatories on review or on advice. 

a. Resolved, 1. That the proper steps be now taken to cite to the bar 
of the next Assembly such inferior judicatories as are charged by com- 
mon fame with irregularities. 

2. That a Special Committee be now appointed to ascertain what 
judicatories are thus charged by common fame ;* prepare charges and 
specifications against them ; and to digest a suitable plan of procedure 
in the matter ; and that said Committee be requested to report as soon as 
practicable. 

3. That, as citation on the foregoing plan is the commencement of a 
process involving the right of membership in the Assembly ; therefore, 

Resolved, That agreeably to a principle laid down in Chap, v, Sec. ix, 
of the Book of Discipline (Old), the members of said judicatories be 
excluded from a seat in the next Assembly, until their case shall be 
decided.— 1837, p. 425. 

II. OF REFERENCES. 
LXXVII. A Reference is a representation in writing, made by an 
inferior to a superior judicatory, of a judicial case not yet decided. 
Generally, however, it is more conducive to the public good that each 
judicatory should fulfill its duty by exercising its own judgment. 

* "Common Fame" is not recognized by the present Book of Discipline as an 
accuser. A. judicatory can act only when "well advised," i. e., by competent and 
credible testimony, whether of person or of record. See this Digest, p. 635. 



OF REFERENCES. 693 

1. Reference is voluntary. 

Appeal of Mrs. M. J. Browning from a decision of the Synod of 
Geneva, sustained, inter alia, 

Because reference is by a lower to a superior court, and is voluntary, 
and not subject to the order of a higher court. Adopted. — 1878, p. 34. 

[Note. — See Form of Government, Chap, x, Sec. viii, p. 223 ; complaint of Sewickley 
church.] 

LXXVIII. Cases which are new, important, difficult, or of peculiar 
delicacy, the decision of which may establish principles or precedents of 
extensive influence, on which the inferior judicatory is greatly divided, 
or on which for any reason it is desirable that a superior judicatory should 
first decide, are proper subjects of reference. 

1. References have been entertained, e. g. 

a. The Synod of the Carolinas referred to the Assembly the case of 
Kev. Hezekiah Balch, charged with error in doctrine. — 1798, p. 151. 

b. The Presbytery of Philadelphia on the propriety of their ordain- 
ing to the work of the Gospel ministry a licentiate under their care who 
now holds the office of a chaplain in the navy of the United States. 
See Form of Government, Chap, xv, Sec. xv. — 1826, p. 171. 

C. The Presbytery of Cayuga relative to the constitutionality of a 
rule of that body. See Form of Government, Chap, x, Sec. viii. — 
1830, p. 284. 

d. The Synod of Philadelphia in relation to the right of Presbyteries 
to require every minister or licentiate, coming to them by certificate from 
another Presbytery or other ecclesiastical body, to submit to an examina- 
tion before he be received. — 1832, p. 355. 

e. A reference from the Presbytery of West Tennessee, requesting an 
answer to the two following questions, viz.: "1. What are the nature 
and duties of the office of deacons ? 2. What is the Scriptural and 
appropriate mode of ordination ?" was taken up, and after some discussion 
committed to Mr. Beach, Mr. Vail and Mr. Hoyt.— 1833, p. 393. 

f. From the Presbytery of Chenango, asking advice in the case of 
Rev. Edward Andrews, a member of that body, who had recently with- 
drawn, and received Episcopal ordination. — 1828, p. 239. 

2. When the review of a decision without new testimony is desi- 
rable, the case should be referred to the next higher judicatory. 

The Committee to whom was referred Overture No. 2 made a report, 
which was read and adopted, and is as follows, viz. : 

The Committee appointed to consider and report on Overture No. 2, 
which is in the following words: " Is it lawful and consistent with the 
order of our Church for a church court to reconsider and set aside its 
own decision in a case of discipline, after a lapse of five or six years 
from the time the decision was made, after the court has so changed 
that many of its members were not members at the time of the decision, 
and when no new testimony is proposed ?' ' beg leave to report that, in 
their opinion, the proper answer to this overture will be found included 
in the following principles, viz. : 

1. Our Book of Discipline (Old), Chap, ix, Sec. 1, provides that if, 
after a trial before any judicatory, new testimony be discovered, which 



694 BOOK OF DISCIPLINE, SECT. 78-79. 

is supposed to be highly important to the exculpation of the accused, it 
is proper for him to ask, and for the judicatory to grant, a new trial. 

2. It is very conceivable that after the lapse of five or six years the 
sentence of an ecclesiastical court, which was originally considered as 
just and wise, although no new testimony, strictly speaking, has appeared, 
may in the view of the Church appear under an aspect equivalent to new 
testimony, and calling for reconsideration; yet, 

3. Inasmuch as the frequent reconsideration of cases adjudged by the 
inferior judicatories, without the appearance of new testimony, admits of 
great and mischievous abuse, and might lead to an endless recurrence of 
reviews and reversals of former decisions, in the absence of a majority 
of the court pronouncing the same; it is evidently more regular, safe and 
for edification, when a review of a decision, without the disclosure of new 
testimony, is thought desirable, to refer the case to the next higher judi- 
catory.— 1833, p. 405. 

LXXIX. References are, either for mere advice, preparatory to a 
decision by the inferior judicatory, or for ultimate trial and decision by 
the superior; and are to be carried to the next higher judicatory. If 
for advice, the reference only suspends the decision of the inferior judica- 
tory; if for trial, it submits the whole case to the final judgment of the 
superior. 

1. Reference. Disposal of the Barnes Case. 

The Permanent Clerk announced to the Assembly that there had been 
put into his hands a reference from the Presbytery of Philadelphia of 
the whole case of the Rev. Albert Barnes before that body. This case 
was referred to the Judicial Committee. — 1831, p. 321. 

Against the reference above a complaint was entered, as also a com- 
plaint against the action of the Presbytery in the case. After the whole 
proceedings of the Presbytery had been read, and the sermon entitled 
' ' The Way of Salvation, ' ' the parties then agreed to submit the case to 
the Assembly without argument, when it was resolved to refer the whole 
case to a select Committee. Dr. Miller, Dr. Matthews, Dr. Lansing, 
Dr. Fisk, Dr. Spring, Dr. J. McDowell, Mr. Bacon, Mr. Ross, Mr. 
E. White, Mr. Jessup and Mr. Napier were appointed this Committee. 
—1831, p. 325. 

Subsequently, the Committee to whom was referred the whole case in 
relation to the Rev. Albert Barnes made a report, which being read 
was adopted, and is as follows, viz. : 

That after bestowing upon the case the most deliberate and serious 
consideration, the Committee are of the opinion that it is neither neces- 
sary, nor for edification, to go into the discussion of all the various and 
minute details which are comprehended in the documents relating to this 
case. For the purpose, however, of bringing the matter in controversy, 
as far as possible, to a regular and satisfactory issue, they would recom- 
mend to the Assembly the adoption of the following resolutions, viz. : 

Resolved, 1. That the General Assembly, while it appreciates the con- 
scientious zeal for the purity of the Church, by which the Presbytery of 
Philadelphia is believed to have been actuated in its proceedings in the 
case of Mr. Barnes ; and, while it judges that the sermon by Mr. 
Barnes, entitled " The Way of Salvation," contains a number of 
unguarded and objectionable passages, yet is of opinion that, especially 



OF REFERENCES. 695 

after the explanations which were given by him of those passages, the 
Presbytery ought to have suffered the whole to pass without further 
notice. 

Resolved, 2. That in the judgment of this Assembly, the Presbytery 
of Philadelphia ought to suspend all further proceedings in the case of 
Mr. Barnes. 

Resolved, 3. That it will be expedient, as soon as the regular steps can 
be taken, to divide the Presbytery in such way as will be best calcu- 
lated to promote the peace of the ministers and churches belonging to 
the Presbytery. 

With respect to the abstract points proposed to the Assembly for their 
decision in the reference of the Presbytery, the Committee are of the 
opinion that if they be answered they had better be discussed and decided 
in thesi separate from the case of Mr. Barnes. 

The Judicial Committee reported that the other complaints and the 
reference in relation to the case of Mr. Barnes, they considered as 
merged in the report just adopted. This report was accepted. 

The Assembly, having finished the business in relation to Mr. Barnes, 
united in special prayer, returning thanks to God for the harmonious 
result to which they have come; and imploring the blessing of God on 
their decision.— 1831, p. 329. 

2. When reference has been made the judicatory referring can regain 
jurisdiction only by the action of the superior judicatory. 

In the case of the appeal of James W. Hamilton against the Synod 
of Sandusky (1863, p. 36, O. S. ), the following report was made by the 
Judicial Committee: 

" When this case was first before the Session, the Session being com- 
posed of the Moderator and one ruling elder, the Moderator, as appears 
from the minutes, * waived his right to sit in judgment on the case;' but 
an order was then made that the Session then proceed to take the testi- 
mony in the case, and submit the same to the Presbytery at its next 
meeting. ' ' 

The testimony having been taken, the whole case, charges and evidence, 
were then accordingly submitted and referred to the Presbytery. The 
action of the Presbytery was to the effect " that the case be not issued 
before Presbytery." But the Presbytery directed that " the accused 
be admonished to give none occasion for evil to be spoken of his charac- 
ter ; to look more carefully to his conduct, and walk more uprightly, as 
becometh the Gospel;" and recommended the minister of the church to 
read said action before the congregation; which duty was performed on 
the 25 th day of August, 1861. 

After this, on the 7th day of September following, the Session, with- 
out notice to the accused, and without giving him an opportunity to be 
heard, proceeded to give judgment on the charges and evidence as origi- 
nally before the Session and Presbytery. 

The case, having been submitted to Presbytery, passed from the posses- 
sion and proper jurisdiction of the Session, and Presbytery alone could 
again give the Session such jurisdiction, by reference back to the Session. 
This was not done. Even if the case had been in some proper way 
referred back by Presbytery to the Session the accused was entitled to 
notice of any further proceedings before the Session, and especially so of 
any new matter of accusation. 



696 BOOK OF DISCIPLINE, SECT. 79-83. 

The Presbytery, although, in terms, they did not " issue the case," 
did substantially make a decision, and by that decision subjected the 
accused to a mortifying public admonition, which was carried into effect, 
as directed by the Presbytery. 

The Session, in afterwards giving judgment on the charges, in effect 
subjected the accused a second time to discipline on the same charges. 
This is not allowable. If the accused, since he was publicly admonished, 
as directed by the Presbytery, has been guilty of offences, or disorderly 
conduct, he should be tried for the same on proper charges and notice. 

Resolved, That for the informalities and errors above mentioned, the 
appeal be and is hereby sustained, and all proceedings in the case, by the 
Session, Presbytery and Synod, since the admonition before the congre- 
gation, on the 25th of August, 1861, are hereby annulled and set aside. 
MS. indorsement on records of Synod of Sandusky, 1863. — 1863, p. 
36, O. S. 

3. Reference must be carried to the next higher judicatory. 

[Note. — Under the former Book, references were allowed from the lower courts to 
the Assembly. See Digest, 1873, p. 546 ; this Sec. lxxix forbids.] 

LXXX. In cases of reference, members of the inferior judicatory 
may sit, deliberate, and vote. 

LXXXI. A judicatory is not necessarily bound to give a final judg- 
ment in a case of reference, but may remit the whole case, either with 
or without advice, to the inferior judicatory. 

1. A memorial treated as a reference. 

The Committee appointed to draw /a minute on the subject of the 
memorial from the Session of the First Church in Genoa, reported the 
following, which was adopted, viz. : 

Resolved, That the church of Genoa be referred to the minute of the 
Assembly formed in the case of David Price in the year 1825; from 
which it will appear that, in the judgment of the Assembly, " an admo- 
nition ' ' was ' ' deserved ' ' by the said Price, in consequence of his 
unchristian conduct. And it is the judgment of this Assembly that the 
Session ought immediately to have administered such admonition ; that 
they ought still to administer it; and that if the said Price refuse to 
submit to such admonition, or do not thereupon manifest repentance and 
Christian temper, to the satisfaction of the church, he ought not to be 
received into the communion of that or any other Presbyterian church. 
—1827, p. 202. 

LXXXII. The whole record of proceedings shall be promptly trans- 
mitted to the superior judicatory, and, if the reference is accepted, the 
parties shall be heard. 

1. Testimony attested by the Moderator and Clerk sufficient. 

The following question, signed by William C. Davis, ' ' Whether testi- 
mony taken before a Session, and sent up to the Presbytery under the 
signature of Moderator and Clerk, will not be sufficient in references as 
well as appeals to render the case thus referred both orderly and cogniza- 
ble by Presbytery," was answered in the affirmative. — 1797, p. 128. 



OF COMPLAINTS. 697 

2. A superior judicatory may entertain a reference which is not 
accompanied by the testimony and proceed itself to take it. 
The records of the Synod of Kentucky approved, " with one excep- 
tion, viz. : According to the record on p. 66, the Synod taught and acted 
on the principle that a Presbytery acts irregularly, which, upon the refer- 
ence of a church Session, takes the testimony and issues the case accord- 
ing to its bearings, even when the parties concerned agree to the reference. 
Your Committee are of opinion that this principle is wrong in itself, 
and evil in its tendency, and therefore recommend this Assembly to 
express its disapprobation of it." — 1853, p. 455, O. S. 

In reply to a protest against this decision, the Assembly says: 
The action condemned is not " in exact accordance with the Constitu- 
tion, Discipline (Old), Chap, vii, Sec. ii, Art. ix," as asserted by the 
protestant; the article referred to containing a rule designed to facilitate 
business, but, as its language shows, it does not preclude a Presbytery 
from taking original testimony in certain cases, and it does not appear 
from the records that the Presbvtery of Muhlenburg was irregular in so 
doing.— 1853, p. 456, O. S. 

III. OF COMPLAINTS. 
LXXXIII. A Complaint is a written representation, made to the 
next superior judicatory, by one or more persons, subject and submitting to 
the jurisdiction of the judicatory complained of, respecting any delin- 
quency, or any decision, by an inferior judicatory. 

[Note. — Under the practice prior to 1884, complaints, as well as appeals, were car- 
ried over the next superior judicatory, when satisfactory reasons were assigned. See 
under Appeals, Book of Discipline, Sec. cii. Under the head of " Person or Persons" 
the judicatories of the Church are included. In 1885 the words "or by any other 
reputable person or persons" were stricken out. — 1885, p. 602.] 

1. Complaints by judicatories. 
Complaints were entertained: 

a. Of the Presbytery of Washington, O. , against the Presbytery of 
West Lexington. — 1821, p. 21. [These Presbyteries belonged to differ- 
ent Synods.] See also 1828, p. 237. 

b. Of the Third Presbytery of Philadelphia against the Presbytery of 
Luzerne Brought before the Assembly, because of these Presby- 
teries having had no common Synodical relation. — 1870, p. 27. 

[Note. — Such cases would now be adjudicated under Book of Discipline, Sec. cxxi- 
cxxiii.] 

C. Of the General Synod of the Reformed Church in America against 
the Presbytery of Philadelphia.— 1874, pp. 62-64. 

d. Of the Presbytery of Saharanpur of the Reformed Presbyterian 
Church against the Board of Foreign Missions of the Presbyterian 
Church.— 1883, pp. 628, 629; 1884, p. 108. 

[Note. — The following decisions, under the head of Complaints, are cited. Some of 
them, it is probable, do not conform to the present section. But all are of value, as 
showing the practice of the Assembly. The decisions under them, as a rule, are not 
affected by the changes in the Book. Cases c. and d. would be adjudicated under 
Form of Government, Chap, xii, Sec. v, p. 281] 

2. The distinction between an appeal and a complaint must be 

observed. 

The records of the Synod of Utica were approved, with the exception 
that, on p. 275, the Synod recognizes a reference to them as an appeal 



698 BOOK OF DISCIPLINE, SECT. 83. 

which should have been considered and acted on merely as a complaint 
against, and not as an appeal from, the decision of Presbytery concerning 
the settlement of a pastor. — 1843, p. 22, N: S. 

3. The same matter may be the subject both of appeal and 

complaint. 

The question was taken on sustaining the appeal and complaint (of 
the Second Presbytery of Philadelphia against the Synod of Philadel- 
phia). A division being called for, the question was first taken on the 
complaint. Sustained. The question was then taken on the appeal. 
Sustained.— 1834, p. 431. 

4. Complaint not allowed against a judicatory for obeying the 
orders of the superior judicatory. 

a. Whereas, The Rev. Archibald McQueen prosecuted a complaint 
before the Assembly of 1845 against the Presbytery of Fayetteville for 
refusing to restore him to the exercise of the Gospel ministry, and did 
at the same time memorialize that Assembly to decree his restoration; 
and whereas, that Assembly did take up and judicially entertain the 
said complaint, and pronounced judgment in the case by authorizing 
and recommending the Presbytery to restore the said Archibald McQueen 
to the Gospel ministry, provided that in the judgment of the Presbytery 
it was wise so to do ; and whereas the Presbytery, in the exercise of the 
discretion thus confided to them, did restore Mr. McQueen ; therefore, 

Resolved, That the complaint of the Rev. Colin Mclver and others 
against the Synod of North Carolina, for having sustained the action of 
the Presbytery of Fayetteville in restoring the said Archibald McQueen, 
in accordance with the judicial decision of the Assembly of 1845, cannot 
be entertained by this house, and is hereby dismissed. 

In making this disposition of the above-mentioned complaint, this Gen- 
eral Assembly wishes it to be distinctly understood that they do not mean 
either to retract or modify any judgment hitherto expressed by any 
Assembly respecting the offence for which Mr. McQueen was suspended 
from the exercise of the Gospel ministry. They simply declare that his 
case cannot be regularly brought before them by this complaint. — 
1847, p. 395, O. S. 

b. The complaint of Mr. Alexander Cowan against the Presbytery of 
Sidney is not sustained, the Presbytery having acted entirely in accord- 
ance with the directions of the Assembly of 1867.— 1868, p. 641, O. S. 

5, Complaint not allowed against advice given on memorial. 

The complaint of members of the Park Church, Newark, N. J., 
against the Synod of New York and New Jersey, was dismissed, on the 
ground that the action of the Presbytery was not a subject-matter of 
complaint, or removal of the case to a higher judicatory, their proceed- 
ings having been merely advisory upon the memorial of the complainants. 
—1852, p. 166, N. S. 

6. Complaint not allowed against a refusal to adopt a proposed 

paper. 

The Judicial Committee having had under consideration the appeal 
and complaint of the Rev. Robert J. Breckinridge, D.D., and others, 
against a decision of the Synod of Philadelphia on the quorum question ; 



OF COMPLAINTS. 699 

and the appeal and complaint of the Rev. R. J. Breckinridge, D.D., 
and others, against a decision of the Synod of Philadelphia on the ques- 
tion of the imposition of hands in ordination, report, that in their 
opinion the Form of Government and Discipline of the Presbyterian 
Church do not authorize the appellants and complainants to bring before 
the General Assembly either an appeal or complaint in the cases referred 
to. Adopted.— 1844, p. 366, O. S. 

[Note. — Against this decision a protest was entered. See Baird's Digest, rev. ed., • 
p. 145. and Minutes, 1844, p. 380. In answer the Assembly reply inter alia:} 

In replying to the protest in question, little more is necessary than to 
state distinctly what was the action of the Synod of Philadelphia, com- 
plained of by R. J. Breckinridge and others. Two papers were offered 
by Dr. Breckinridge for the adoption of the Synod ; the one relating to 
the constitution of a quorum in Presbytery, the other to the imposition 
of hands by ruling elders in the ordination of ministers of the Gospel. 
In relation to each paper, the question on which the Synod voted was in 
the following words: " Shall this paper be adopted ?" By a large 
majority the Synod refused to adopt these papers. The Assembly know 
of no law in our Book of Discipline requiring a Presbytery or a Synod to 
adopt any paper or papers submitted to them by any individual or any 
number of individuals ; and if there is no such law, there could be no 
transgression of law or neglect of duty, and consequently no ground of 
complaint. 

The papers in question condemn the interpretation of certain clauses in 
our Constitution, given by the last Assembly, propose an opposite inter- 
pretation, and overture the General Assembly to repeal the overtures 
adopted by the last Assembly, and to adopt interpretations of an opposite 
character. In regard to these papers, it is proper to remark: 

1 . There was no case before the Synod. No elder complained that he 
had been deprived of what he regarded as a constitutional right. No 
Presbytery was charged with having constituted and proceeded to business 
without a constitutional quorum. The Synod, therefore, was not called 
upon to administer law, but to interpret our Constitution — to decide con- 
stitutional questions m thesi. How far it is expedient to give expositions 
of our Constitution, or to decide constitutional questions in thesi, it may 
be difficult to determine; but certain it is that no church judicatory is 
bound, in any state of case, to give such decisions. But " where there 
is no law, there is no transgression, ' ' and, of course, there can be no 
ground of complaint. The protestants allege that the Synod did act, 
and that their action was complained of. The answer is, that the only 
action of the Synod in the case was a refusal to adopt certain papers 
offered by a member of that body. To this action, if it be proper to 
call it so, the Synod was forced by the member who offered the papers. 
They were obliged either to adopt them or to refuse them. They deemed 
it wise, as they had the perfect right, to do the latter. 

2. Again : these papers, if adopted, required the Synod to send to this 
Assembly an overture or request to give an interpretation of our Con- 
stitution contrary to that given by the last Assembly. But, although it 
is the right of Sessions, Presbyteries or Synods to overture the Assembly 
whenever they may deem it wise to do so, there is in our Book no law 
requiring them or any one of them to do so in any case. In declining 
to send up an overture, therefore, the Synod of Philadelphia violated no 



700 BOOK OF DISCIPLINE, SECT. 83. 

law, committed no transgression against ecclesiastical law, and conse- 
quently a complaint against that body cannot lie. The very idea of 
forcing either individuals or bodies to overture or petition is absurd. 

But the protestants strangely contend that " every inferior court is 
responsible to the courts above it for the proper exercise of its discretion, 
and therefore they may be complained of as regards its exercise." 
Where there is responsibility there can be no discretion. To maintain 
the contrary is to contend that an individual or a body may use their 
discretion, provided they use it in a certain way — that they may do as 
they please, provided they are pleased to act in a particular manner. 
The truth is, that where ecclesiastical rights of individuals or bodies are 
concerned, there is no discretion. All such rights are guarded by our 
Constitution, by which every church court is bound. The admission of 
the protestants that the Synod had the right to exercise its own discretion 
in the matter complained of is, in effect, an admission that the complaint 
is not legitimate, and ought not to have been entertained by this body. 

Still more strangely, if possible, the protestants allege that " if the 
Synod be not obliged to act except in cases in which it is compelled by 
positive law, then Synods could not be complained of for even the gross- 
est violations of duty, such as refusing to receive and issue appeals 
brought regularly before them, or refusing to redress what has been done 
by Presbyteries contrary to order." Do they, then, maintain that it is 
merely discretionary with Presbyteries and Synods whether they will 
receive and issue appeals, etc., regularly brought before them, as they 
admit it was with the Synod of Philadelphia, whether they would con- 
demn the doings of the last Assembly and overture this Assembly to do 
the same ? But they say ' ' there is no positive command or law requiring 
Synods to exercise any of their specified powers. ' ' To prove that this 
statement is wholly incorrect, it is necessary only to refer to Chap, vii, 
Sees, i, iii and iv, of our Book of Discipline (Old). Sec. i treats of 
the duties of church judicatories in relation to review and control ; Sees. 
iii and iv treat of the right to appeal and complain in certain cases, etc. 
Where there are duties there can be no discretion, and where there is a 
right to appeal and complain there is positive obligation on the part of 
the judicatory to receive and issue such appeals and complaints. But 
where, in our Constitution, is it said to be the duty of any church judi- 
catory either to adopt papers that may be offered, to decide constitutional 
questions in thesi, or to overture a higher court ? Or where is the right 
given to individuals in any case to have their interpretations of our Con- 
stitution adopted ? There are no such duties on^he one hand or rights 
on the other, and consequently, no right of appeal or complaint. 

3. An additional objection to the appeals and complaints is that, were 
they entertained, the Synod of Philadelphia would, in the final vote, 
be excluded from voting. This, in the administration of law, where the 
inferior court has decided the case, and the appeal or complaint is against 
their decision, would be perfectly proper. But in the mere interpreta- 
tion of our Constitution, in regard to which all have a common interest, 
and, therefore, common rights, such a course would be unconstitutional 
and grossly unjust. The Synod of Philadelphia, if the complaints had 
been entertained, would have been excluded, as having decided the ques- 
tions involved. But the Synod of Kentucky has also given its decisions 
of the same questions. Why, then, should the one vote and the other 
be excluded ? Nay, it is believed, that a large majority of the members 



OF COMPLAINTS. 701 

of this Assembly have, in one form or another, decided upon them. 
Why, then, permit them to vote, and exclude the Synod of Philadel- 
phia ? What interest has this Synod more than other Synods or Presby- 
teries, in giving a wrong exposition of our Book ? When we interpret 
our Constitution, the voice of the whole Church should be heard. 

But the protestants say, this is an argument against our Constitution. 
In this, however, they are mistaken. It is only an argument against 
their incorrect interpretation of it. It gives no right to appeal or com- 
plain against a judicatory for declining to decide a constitutional question 
in thesi, or to overture the higher court. 

4. That the complaint is illegitimate, is further evident from the con- 
sequences which would follow the adoption of the principle involved in 
it. If our church courts are bound, in any case, to decide constitu- 
tional questions in thesi, and to overture the higher court, it follows: 

(1) That any member of a Session, Presbytery or Synod can, at any 
time, force the Assembly to discuss and decide, in thesi, any constitu- 
tional question he may choose to raise, or any number of them. He 
has only to offer his interpretation to the lower court, and come up with 
his complaint, which must be regularly issued. 

(2) The Assembly can be forced to discuss and decide the same ques- 
tion repeatedly at the same session. The minority of the Synod of 
Kentucky might have complained of its action on the same points ; and, 
according to the doctrine of the protestants, the Assembly must have 
regularly tried both complaints, regularly hearing the parties from both 
Synods discuss the same points, not in relation to the administration of 
law, where both parties claim to have been aggrieved, but in relation to 
the interpretation of law. 

(3) The Assembly could be forced to decide great constitutional ques- 
tions by only a part of the delegates from the Presbyteries, thus exclud- 
ing a large number of Presbyteries from a vote on the interpretation of 
the Constitution by which they are to be governed. 

(4) The Assembly, by the exclusion of different Synods, in deciding 
the different complaints, might be placed in the humiliating attitude of 
giving contradictory expositions of the Constitution at the same sessions. 

Who will pretend that our Constitution is so defective, so strangely 
inconsistent, as to expose our church courts to difficulties and absurdities 
such as those just mentioned ? 

In answer to the third reason assigned by the protestants it is sufficient 
to state, that it has not been, and we believe it cannot be proved, that 
any General Assembly of our Church ever entertained a complaint such 
as the one in question — a complaint against a church judicatory for 
refusing to decide a constitutional question in thesi, or to overture a 
higher judicatory. The complaint under consideration is, so far as this 
Assembly is informed, strictly sui generis. 

Finally, our Constitution prescribes the mode in which constitutional 
questions may be brought before the General Assembly. The proper 
course was pursued by the Presbytery of Cincinnati in regard to the 
matters embraced in Dr. Breckinridge's papers; and they were brought 
before this body untrammeled by judicial proceedings, and the voice of 
the representatives of the Church decided on the true meaning of the 
clauses in our Constitution concerning which there has been a difference 
of opinion. 

In reply to the complaint of the protestants, that the Assembly refused 



702 BOOK OF DISCIPLINE, SECT. 83. 

to hear the complainants on the right of jurisdiction, it is sufficient to 
say: (1) That it cannot be shown that our Book gives such rights. (2) 
The adoption of the principle involved in such a claim would be 
followed by most of the difficulties already enumerated as consequent 
upon entertaining the complaint. The Assembly must, from year to 
year, agree to hear every member of a Session, Presbytery or Synod, 
who may choose to try to convince them that they have jurisdiction over 
all kinds of subjects. (3) There was properly no question as to right 
of jurisdiction. The matter of complaint against the Synod belongs 
not to the department of discipline. 

In reply to the complaint of the protestants that the Assembly did not 
sit as a court, and that the members were not charged by the Moderator, 
it is sufficient to state, that as the Assembly could not sit in a judicial 
capacity until the complaint was decided to be orderly and legitimate, 
the objection is wholly without force. 

The protestants think the course pursued by the Assembly calculated 
to foster all kinds of diversity in practice and opinion. They seem not 
to see, that the course pursued by the complainants and by themselves, 
in relation to the decisions of the highest court of our Church, to which 
it properly belongs to expound the Constitution and settle all controver- 
sies, is directly calculated to produce the very result they seem to depre- 
cate.— 1844, p. 383, O. S. 

[Note. — This answer was prepared by Drs. James Hoge, John McClean, C. C. Cuy- 
ler, B. H, Rice and Henry A. Boardman. It is of great value, as defining the rights 
of complainants, and also the limits of the exercise of those rights.] 

7. Complaint not allowed against an opinion expressed by the 
superior judicatory. 

A complaint of the Presbytery of St. Clairsville against the Synod of 
Wheeling, for taking exception to their minutes on the ground " that 
their entire action in the case of the church of Kirkwood was unwise 
and inexpedient." 

The Committee recommend that this complaint be dismissed, on the 
ground that in the action complained of, the Synod passed no judgment 
in the case, but only expressed an opinion, and that there is therefore no 
constitutional ground for complaint. [See Book of Discipline (Old), 
Chap, vii, Sec. iv, Sub-sec. ii.] The report was adopted. — 1864, p. 
312, O. S. 

8. Nor against a judicatory for the exercise of its discretion. 

The complaint of the Rev. W. P. Carson against Synod of Iowa for 
dismissing his complaint against the Presbytery of Dubuque. The Pres- 
bytery, upon application both of the pastor and the congregation, 
dissolved the pastoral relation, and Mr. Carson complained to Synod, on 
the ground that the Session and trustees united in calling the meeting of 
the congregation without the presence or cooperation of the pastor, at 
which action was taken asking for the dissolution of the pastoral relation. 
The Committee recommend that the complaint be dismissed, there being 
no sufficient ground of complaint. 

The report was adopted.— 1868, p. 612, O. S. 

9. Discretion is reviewable as to its abuse or misuse, 
a. Complaint of Rev. Arthur Crosby vs. The Synod of Long Island. 
Dismissed for the following reasons, viz. : 
[Note.— See in full, under Sec. xii,p. 638.] 



OF COMPLAINTS. 703 

1. That upon the facts stated by the Presbytery as the basis of its 
action, the question whether the investigation asked for should be entered 
upon or not was one to be determined in the exercise of a sound discre- 
tion. — Book of Discipline (Old), Chap, iii, Sec. vi. 

2. That while the misuse or abuse of discretionary power is reviewable, 
its use, in this instance, seems to have been in regard to a subject fairly 
within its range and unobjectionable in its manner. — 1881, p. 586. 

b. The complaint of the Kev. Samuel M. Gould against the action of 
the Synod of Philadelphia. The action complained of was taken on the 
petition of A. Bancroft, who signs himself " a member of the Session 
of the original Hermon church, ' ' and asks the Synod ' ' to investigate 
the condition in which Hermon church has been placed ' ' by several acts 
which are recited in the petition. The petition of Mr. Bancroft was 
presented to the Synod at its sessions in October, 1881, and denied on 
the ground that the matter had been adjudicated in the various courts of 
the Church. The Judicial Committee are unable to find, from the com- 
plaint, that the decision of the Synod affects the doctrine or the Constitu- 
tion of the Church; nor can they find, in the statement of the action of 
the Synod, anything which was not within their discretion ; and therefore 
no case is presented which the Assembly can properly entertain and 
review. We recommend that the case be dismissed, and the Committee 
be discharged from its further consideration. Adopted. — 1882, p. 100. 

C. Appeal and complaint of the Rev. Mr. Edgar from the action of 
the Synod of Erie, sustaining the action of the Presbytery «of Clarion in 
refusing to put a call from the church of Collingsburgh into his hands. 
The Judicial Committee recommend that, as the General Assembly have 
repeatedly decided that Presbyteries have discretionary power in such 
cases (see Digest, 1886, p. 548), which decisions are clearly in accord- 
ance with the Form of Government (see Chap, xv, Sec. ix), therefore 
the appeal and complaint be dismissed. Adopted. — 1875, p. 510. 

10. Complaint not allowed in a case already decided by the 

Assembly. 

The complaint of James Russell against the Presbytery of Flint River 
and the Synod of Georgia. 

The Committee report that the case has already been adjudicated by 
the General Assembly in Philadelphia, in the sessions of 1853, and cannot 
properly come again before this body ; and therefore recommend that the 
case be dismissed, and the papers be returned to Mr. Russell. Adopted. 
—1855, p. 271, O. S. 

11. Nor against a decision of a Moderator unappealed 
from at the time. 

Complaint of the Session of the First Presbyterian church, St. 
Charles, Mo. 

A complaint of Rev. Robert P. Farris against the Synod of Missouri. 

These two cases are substantially identical, and may be regarded as 
one. The Committee find that in the matter complained of there was no 
action of the Synod as such, but only a decision of the Moderator affect- 
ing the complainants, from which they made no appeal to the body of 
the Synod, and consequently they have no just ground of complaint. 
They therefore recommend that it be dismissed, and that the complain- 
ants have leave to withdraw their papers. The report was adopted. — 
1865, p. 543, O. S. 



704 BOOK OF DISCIPLINE, SECT. 83. 

12. Nor from the decision of a commission not yet confirmed. 

The Judicial Committee, through Rev. Samuel Miller, D.D., reported 
the appeal of the church of Mifflinburg agaiust the Synod of Philadel- 
phia for its action in the matter of the appeal and complaint of the Rev. 
Isaac Grier. 

The Committee reports that this complaint must be dismissed because 
no complaint will lie from the decision of a Commission of Synod until 
that decision has been reported to Synod and approved thereby. The 
Committee therefore recommends that the Assembly direct the Commis- 
sion in this case to report its decision to the Synod for its action. The 
report was adopted.— 1869, p. 902, O. S. ; 1862, p. 608, O. S. 

[Note.— See Book of Discipline, Sec. cxx.] 

13. Nor where the action complained of does not contravene the 
doctrine or the Constitution of the Church. 

a. The Rev. James H. Baird complains of the action of the Synod of 
Pennsylvania at its recent meeting in the Central church, Allegheny, in 
adopting the eighth resolution on the subject of temperance in the follow- 
ing words, viz.: " We endorse Constitutional Amendment and pray for 
its submission to the people." 

The Committee submit that, in its judgment, the subject-matter of the 
complaint does not contravene the doctrine or the Constitution of the 
Church, and therefore recommend that the complaint be not entertained. 
Adopted.— 1^887, p. 128. 

b. Judicial Case No. 2. — The complaint of Oakland church against 
the Synod of Tennessee. The complaint is as follows : The Presbytery 
of Holston recommended that Mount Bethel and Tusculum churches 
cooperate or group together for the purpose of sustaining preaching at 
those two points, and did recommend them, as thus grouped, to the 
Board of Home Missions for aid. Of this Oakland church complained 
to the Synod, alleging that the effect of this action would be to withdraw 
families from Oakland church. The Synod overruled the complaint. 
Of that action of Synod, Oakland church complains to the General 
Assembly. Your Committee recommends that the complaint be dis- 
missed, because it is a case in which the Assembly has no jurisdiction, 
having regard to matters which refer neither to constitutional nor doctrinal 
questions (see Chap, xi, Sec. iv, Form of Government). The report 
was adopted. — 1888, p. 77. 

C. The report of the Judicial Committee, in the case of Rev. N. 
West against the Synod of Minnesota, was read. Mr. West was heard 
on the question of the constitutionality of the appeal. The report was 
adopted, and is as follows: 

The Judiciary Committee, to which was referred the appeal of the 
Rev. Nathaniel West, from the action of the Synod of Minnesota, and 
his complaint of the same action, respectfully submit the following report: 

A brief statement of the facts as they have been made to appear to 
your Committee is all that is needful for understanding the merits of the 
case. On the 21st of April, 1887, the Presbytery of St. Paul adopted 
the following resolution: 

Resolved, That all duties, authority and relations of Dr. West to said 
church (the First Presbyterian Church of St. Paul), by virtue of any 
authority of this Presbytery, or its constituted commission, are hereby 
terminated. 



OF COMPLAINTS. 705 

From this action Dr. West appealed to the Synod. 

It is manifest that this appeal presented in no sense a judicial case, 
such as is intended by the ninety-fourth section of the Book of Disci- 
pline. It was not therefore, appealable to the Synod. It could be 
brought into the Synod only by complaint. It was a case of administra- 
tion merely. The Synod treated it as such, and disposed of it by resolv- 
ing that the appeal be not entertained as such, since this is not a judicial 
case. (Hodge's Presbyterian Law, p. 131: " Judicial business is any act 
of discipline, but especially the formal trial of an accused person, and 
appeals are admissible only in judicial cases." Referring to Revised 
Book of Discipline, Chap, ix, Sec. iv, Art. xciv. ) 

In thus disposing of the case your Committee discover no error. More- 
over, it is plain that the action of the Synod did not, in any sense, affect, 
or have relation to the doctrine or Constitution of the Church. The 
Assembly has no jurisdiction of any appeal from, or complaint of, the 
action of the Synod. Complaint and appeal in such a case are alike 
prohibited by the fourth section of the eleventh chapter of our Form of 
Government, which declares that the decisions of Synods on appeals, 
eomplaints and references, which do not affect the doctrine or Constitu- 
tion of the Church, shall be final. 

Your Committee therefore recommend that the appeal and complaint 
of Dr. West be dismissed.— 1888, p. 124. 

14. Nor where there is no sufficient ground for complaint. 

Complaint of J. L. Woods and F. E. Shearer vs. The Synod of 
California, for refusing to take exception to the records of the Presby- 
tery of San Jose. 

Your Committee recommend that the complaint be dismissed : Because 
there does not appear to be any sufficient ground on which to lodge a 
complaint; and because the complainants should more properly have 
sought redress in the matter complained of by way of review and 
control.— 1894, p. 127. 

15. Nor where the complainant is not subject and submitting to 
the jurisdiction of the judicatory complained of. 

Judicial case, a complaint of the Presbytery of La Crosse against the 
Presbytery of Mattoon and the Synod of Illinois, in the case of the 
Rev. J. H. Lish. 

The Judicial Committee find that the complaint is not in order, for the 
reason that due notice has not been given to the Synod of Illinois, and 
that the Presbytery of La Crosse, not being subject and submitting to 
the jurisdiction of the Presbytery of Mattoon or the Synod of Illinois, has 
not the right of complaining against them (Book of Discipline, Sec. 
lxxxiii), aud that the complainant should seek redress by way of over- 
ture, memorial or petition.- 1894, p. 127. 

[Note.— See, however, in this Digest, No. 1, p. 697, and Book of Discipline, Sec. 
cxxi.] 

16. Nor in a case of mere review of records. 

In the case of the complaint of Nathaniel West and Thomas H. 
Skinner against the Synod of Cincinnati, in a case of review and control, 
the Committee recommend that, it being a question of mere review of 
records, a judicial complaint does not lie, and that the case be dismissed. 
—1877, p. 576. 
45 



706 BOOK OF DISCIPLINE, SECT. 83. 

17. Nor against the refusal to read the printed minutes. 

Case of Rev. J. W. Martin vs. the Synod of Cleveland. 

Mr. Martin complains of a suggestion of the Moderator, sustained by 
vote of the Synod, that the minutes of the previous session need not be 
read at the beginning of the sessions in October, 1872, because they had 
been printed and were in the hands of the members; also that the 
Moderator refused to hear him speak against this action, and requests the 
Assembly to express a judgment respecting the authority of Moderators 
and Church courts under our Book. The Committee find that the 
minutes of the previous session had been read and approved by the Synod 
at the close of that session, and therefore would have been read only for 
information, which was already in possession of the members in the 
printed copies; that they have no proof that the complainant was unjustly 
treated by the Moderator, beyond what often occurs in such cases ; and 
that our Book of Discipline very definitely states the authority and pro- 
vince of Moderators. Therefore, we do not deem the case of sufficient 
importance to require the action of the Assembly. Adopted. — 1873, p. 
509. 
[Note. — See under Book of Discipline. Sec. lxxii, p. 684.] 

18. Nor against postponement of action on a report of a Committee. 
In the case of Thomas H. Skinner and others against the Synod of 
Cincinnati for not taking up and issuing a complaint of Dr. Skinner 
against the Presbytery of Cincinnati in the McCune case, then pending, 
the Committee recommend that, as there had been no judicial action of 
the Synod in the case, against which a complaint could lie, but simply 
and only a postponement of action on a report of the Judicial Committee 
of the Synod, therefore the case be dismissed. —1877, p. 576. 

19. Complainant has leave to withdraw with or without reasons. 

a. The complaint of Alexander Guy, M.D., against the action of 
the Synod of Cincinnati. 

The complainant, Dr. Guy, having reason to believe that the language 
employed by the Synod, in determining the case, was inadvertently used, 
is on this account willing to withdraw his complaint. The Committee 
recommend that leave be granted, and that Dr. Guy be allowed to with- 
draw his papers. 

The report was accepted and adopted. — 1867, p. 331, O. S. 

b. The complaint of the Rev. S. J. Niccolls and others against the 
action of the Synod of Missouri, passed at its sessions in October, 1865, 
whereby it declared the previous meeting of its own body " not a free 
court of Christ, and its entire acts null, void and of no binding force." 

This complaint was found in order, and referred from the last General 
Assembly to this; but inasmuch as the Synod has reconsidered and 
reversed the action complained of, and reported the same to this General 
Assembly, in accordance with the requirement of the last Assembly, 
passed with reference to the Synod of Missouri, the complainants request 
leave to withdraw their complaint. Your Committee recommend that 
their request be granted, and the case dismissed. Adopted. — 1867, p. 
331, O. S. 

C. The appeal and complaint of D. W. Irvine and others against the 
action of the Presbytery of New Castle. The Committee, having satis- 
factory evidence that the ground of the appeal and complaint in this case 



OF COMPLAINTS. 707 

las been removed by the subsequent action of the Presbytery complained 
of, recommend that the appeal and complaint be dismissed without 
prejudice. The report was adopted. — 1867, p. 327, O. S. 

d. A complaint of certain members of the Session of the church of 
Eaton, O., against the Synod of Cincinnati. 

The Committee recommend that the complainants have leave to with- 
draw their complaints without prejudice, and that they be advised to 
present the same to the Synod of Cincinnati. — 1871, p. 547. 

e. A complaint by John C. Means and others against the Synod of 
Illinois. The complainants having requested leave to withdraw their 
complaint, the Committee recommends that their request be granted. 
Adopted.— 1891, p. 143. 

f. The complaint of Rev. J. D. Robertson against the Synod of Penn- 
sylvania. The Committee recommend that the complainant, having 
asked leave to withdraw his papers, be allowed to do so. Adopted. — 
1895, p. 69. 

20. Withdrawal of complaint may have the same effect as its 

dismissal. 

The Judicial Commission to whom was referred the complaint of the 
Rev. John W. Martin against the Synod of Philadelphia in the matter 
of the Hermon church, reported that after the announcement of their 
decision in Case Xo. 1, the complainant, by his counsel, the Rev. Robert 
Herron, D.D., asked leave to withdraw his complaint, which was granted; 
and the Commission adjudge that such withdrawal shall have the same 
effect as if the complaint had been dismissed. — 1878, p. 43. 

21. Leave to withdraw, the end desired being accomplished. 

a. " Inasmuch as the complaint of W. W. Colmery and others 
against the Synod of Cincinnati was made wholly in behalf of our excel- 
lent Standards of doctrine and order, and as these have been sufficiently 
vindicated by the discussion and action of this Assembly on the com- 
plaint of Thomas H. Skinner and others, I respectfully ask leave to 
withdraw the complaint. William W. Colmery." 

The request was granted. — 1878, p. 81. 

b. On the adoption of the report of the Committee to review the 
records of the Synod of Cincinnati (see the report in full under Sec. 
lxxii, hi (3) above), Drs. West and Skinner asked leave to withdraw 
their complaints against the Synod of Cincinnati, the grounds of said 
complaint having been virtually covered by the report. Leave was given 
the complainants to withdraw their papers. — 1878, p. 118. 

22. Complainants have leave to withdraw because : 1. The proceedings 
of a civil court are not conclusive as against the ecclesiastical; 
2. Trial by commission is not ground of complaint; 3. Infor- 
mality in the decision does not invalidate the result intended to 
be reached. 
The complaint of Joseph S. Van Dyke and others against the Synod 
of Xew Jersey for dismissing their complaint against the Presbytery of 
Monmouth, for acquitting Elder L. E. Brown of an alleged criminal 
offence. 

A brief statement of the case is as follows: 

Brown was indicted in a civil court for a serious crime ; was tried, and 
found guilty. The case was taken to the Supreme Court, which reversed 



708 BOOK OF DISCIPLINE, SECT. 83. 

the judgment at the hearing, and remanded the case for a new triaL 
The accused, under the advice of counsel, in order to save the notoriety, 
risk and expense of a new trial, plead guilty to a lesser grade of offence, 
and was fined by the court. 

He then applied at once to his Session for the most ' ' searching investi- 
gation ' ' into the charges made against him. The Session referred the 
matter to the Presbytery of Monmouth, which accepted the reference. 
The case was tried by a Commission of the Presbytery appointed at the 
request of all parties. The Commission, after a full trial, acquitted the 
accused. 

Upon his acquittal, these complainants complained to the Synod of 
New Jersey. The Synod, by consent of parties, appointed a new Com- 
mission, who again tried the case upon its merits, and also considered 
certain irregularities alleged to exist in the action of the Presbytery. 
The Commission brought in a decision in these words: " The complaint 
is sustained pro forma ; but, inasmuch as the informalities and irregu- 
larities complained of do not seriously affect the matters at issue, the case 
be. and hereby is dismissed." The decision of the Commission was 
accepted by the Synod, and ordered to be entered of record. 

These complainants now complain of this action of the Synod. 

They do not ask that the case be tried again by this Assembly, but 
that it be remitted for a new trial to the Presbytery of Monmouth. 

The reasons given for this complaint are obscure, but, in the opinion 
of this Committee, are as follows: 

1. The decision of the Commission of the Synod was in couflict with 
the plea of ' ' guilty ' ' in the civil tribunal. 

2. Because the case was twice tried by Commissions, and not by the 
Presbytery or Synod itself. 

3. That the decision of the Commission of the Synod was not in proper 
form; that, instead of dismissing the complaint as it did, it should have 
in so many words declared the accused ' ' guilty or not guilty, ' ' and have 
affirmed or reversed the action of the Presbytery. 

In regard to the first ground of complaint, in the judgment of your 
Committee all the presumptions arising from the proceedings of the civil 
courts adverse to Mr. Brown are overbalanced and neutralized by the 
much stronger presumptions arising from his acquittal, after patient and 
careful investigation, by two ecclesiastical courts in succession, and those 
among the largest and weightiest in our Church. 

With regard to the second ground of complaint, that the case was 
tried by Commissions by consent of parties, we do not see that it fur- 
nishes any just ground for complaint. Should the prayer of the com- 
plainants be granted, and the case be remanded to the Presbytery of 
Monmouth for a new trial, it would probably be tried again by a Com- 
mission, for the best of reasons. 

With regard to the third reason for this complaint, we think the 
Commission of the Synod was not happy in the form of its decisiou. 
The intention of the Commission was, it is evident, to acquit the accused 
and confirm the actiou of the Presbytery. The Committee consider that 
this was the actual result of its dismissal of the complaint. 

The form of the decision has harmed and can harm no one, and it is 
for the accused, if any one, to complain of the indefinite judgment in 
his own favor. 

This Committee are somewhat in doubt as to what was expected of 



OF COMPLAINTS. 709 

them on the recommitment to them of the report before made in 
the case.. They however report the case a second time, with a fuller 
statement of the facts of the case and of your Committee's opinion 
thereon. 

Your Committee deem it their official province and solemn duty, in 
accordance with the long and unquestioned practice of the Judicial Com- 
mittee of the General Assembly, to give to the Assembly their opinion as 
to the sufficiency of these grounds of complaint, and to propose to the 
body the course they recommend it to pursue in regard thereto. 

In view of all this, it appears to your Committee, that this case has 
been sufficiently and properly adjudicated. We think, with the light 
now before us, that it would be imposing an unjust burden and an 
unedifying labor on the Presbytery of Monmouth to require it to retry 
this case. 

We therefore unanimously recommend the adoption of the following 
resolution : 

Resolved, That, in the matter of the complaint of Joseph S. Van Dyke 
and others against the Synod of New Jersey, praying that the Presby- 
tery of Monmouth be required by this Assembly to readjudicate the case 
of L. E. Brown, their petition be not granted, and that the complainants 
have leave to withdraw their papers. — 1880, pp. 64, 65. 

.23. Complaints dismissed and leave to withdraw, because, 1. Of in- 
definiteness in the complaints, and 2. That the matters should 
be left to the wisdom and discretion of the Synod. 

The report of the Judicial Committee was adopted, viz. : 

No. 8, Rev. Nathaniel West vs. The Synod of Cincinnati. 

No. 9, Rev. Nathaniel West vs. The Synod of Cincinnati. 

No. 10, Rev. William H. James et al. vs. The Synod of Cincinnati. 

The Judicial Committee have had under consideration these three 
complaints and find that they are about the very same subject-matter, 
and may well be considered at once and together. 

Two of the three are complaints (Nos. 8 and 9) by Rev. Nathaniel 
West against the action of the Synod, on the — day of October, A.D. 
1879, at its session then held at Lebanon. The Synod at that time and 
place did consider a certain complaint against the Presbytery of Cincin- 
nati, did reverse the proceedings of the Presbytery, and at the same 
time, in severe terms, did ceusure the Presbytery. This we learn from 
the records of the Synod, and not from the complaints. The complaints, 
however, do complain that certain censures and requirements pronounced 
by the Synod are not sufficiently severe as against the Presbytery. 

The complaint No. 10 is the complaint of the Rev. William H. James 
et al., members of the Presbytery of Cincinnati, complaining of the 
same action of the Synod. They complain, however, that the action is 
unwarrantably severe as against Presbytery. But, like the Rev. 
Nathaniel West, they fail to describe the action they complain of as being 
too severe, and we are left to examine the records of the Synod to ascer- 
tain what was done by the Synod. 

The notices of complaint in each of these three cases, and the com- 
plaints themselves, were all filed in due time ; yet they are all so indefinite 
that they would require much additional elaboration before the real 
points and issues, on which the parties seek the judgment of this Assem- 
bly, can be brought under its ready comprehension for intelligent judicial 



710 BOOK OF DISCIPLINE, SECT. 83. 

review; and, therefore, the Committee find that neither of the three com- 
plaints is in order. 

When we consider that the grounds of complaint are so indefinitely 
stated in each of the three complaints that we are not only left in great 
doubt as to the precise points complained of, but actually required to 
examine the records to ascertain these points, and when we consider the 
controversy itself, we the more cheerfully come to the conclusion at which 
we have arrived. The record shows that the whole matter might well 
be left to be determined by the wisdom, and in the exercise of a sound 
discretiou, of the Synod. The Committee fail to find anything in these 
cases that should occupy the time of the Assembly. We are sure that 
by ending the controversy now the peace of the Church and the comfort 
and usefulness of all concerned will be promoted. 

Of course it is the imperative duty of every inferior court to obey the 
direction and mandate of the superior, and such obedience, if necessary, 
should be enforced by the superior court. 

We arrive at these conclusions all the more gladly, because a course 
different from that herein indicated does not appear to be needed for the 
vindication of Rev. Nathaniel West. That has already been done in 
the most ample manner. It appears that there is nothing derogatory to 
his moral, religious or ministerial character. 

The premises considered, the Judicial Committee recommend that each 
of the three complaints be dismissed, and that the respective complainants 
have leave to withdraw all papers filed by them. — 1880, pp. 80, 81. 

24. Leave to withdraw on request of the parties. 

a. The complaint of the Rev. James P. Hendrick and thirteen others 
against the action of the Synod of Kentucky for rejecting an exception 
to the records of the Presbytery of Ebenezer, which were before the 
Synod under general review and control. The Committee report that in 
this case the Rev. Stephen Yerkes, D. D. , who is one of the complainants, 
has appeared before the Committee and asked leave to withdraw the 
complaint, which action he represents will be satisfactory to the parties. 
We therefore recommend that leave be granted to withdraw the com- 
plaint, and that this Committee be discharged from its further considera- 
tion. Adopted.— 1882, p. 100. 

b. A complaint against the Presbytery of Cincinnati, because it did 
not sustain Charge One (1) in the case of the Presbyterian Church in 
the United States of America against the Rev. Henry Preserved Smith, 
D.D., signed by John Junkin Francis, P. Robertson, J. Conzett, 
William H. James, and others. 

Rev. William H. James, D.D., for himself, and as counsel for the 
other complainants, asks leave respectfully to withdraw the complaint. 

The Judicial Committee, therefore, recommend to the General Assem- 
bly that the complainants, at their own request, have leave to withdraw 
their complaint. Adopted. — 1894, p. 87. 

[Note. — See also complaint of John J. McCook et al. vs. the Synod of New York, 
under Book of Discipline, Sec. lxxxiv, p. 715.] 

C. Judicial case, being the complaint of the Rev. George W. F. 
Birch, D. D. , against the Synod of New York. Your Committee would 
report that they have examined the papers in the complaint of Dr. Birch 
against the action of the Synod of New York and have found them in 
order. In view of the fact that at the time the minutes of the Presby- 



OF COMPLAINTS. 711 

tery of North River were reviewed by the Synod of New York, the case 
of the candidate for admission had not been completed, and inasmuch as 
the case will come before the Synod at its next meeting upon the review 
of the subsequent action of Presbytery, the complainant agrees to with- 
draw the complaint. Your Committee therefore recommends that this 
action be approved. Adopted. — 1895, p. 69. 

25. Complaint dismissed because no parties were aggrieved. 

A complaint of Thomas W. Hynes, of certain action taken by the 
Presbytery of Alton and the Synod of Illinois, South. Whilst there is 
some ground, through a technical informality, for his complaint, yet, as 
no parties were aggrieved by the action of Presbytery, it is recommended 
that the complaint be dismissed. Adopted. — 1880, p. 29. 

26. Complaint dismissed as not in due form. To strike from the 
roll without notice or citation disapproved. 

A complaint against the Synod of Colorado in confirming the action 
of the Presbytery of Wyoming, in striking the name of Rev. Thomas 
Cooper from its roll without notice or citation. The Committee report 
that, while the Assembly cannot approve of the action of the Presbytery 
in dropping Mr. Cooper's name without notice or citation, nor the subse- 
quent action of the Synod of Colorado in confirming the action in review, 
yet, as nothing would be gained by a reopening of the case, and as the 
case does not come before us in due form, the Committee recommend that 
the case be dismissed. Adopted. — 1875, p. 511. 

27. Subject matter of complaints entertained. 

a. Relative to a decision of the Synod of Pittsburgh reversing a 
decision of the Presbytery of Ohio, which had restored Mr. Wherry to 
church privileges. — 1820, p. 738. 

The complaint was sustained. 

b. In the case of the complaint of members of the Presbytery of 
Carlisle against the Synod of Philadelphia, it was 

Resolved, That the complaint ought to be considered by the Assembly, 
only so far as it regards the regularity of the proceedings of the Synod 
in reversing the judgment of Presbytery in the case. — 1823, p. 74. 

C. Complaint of the Presbytery of Washington, O. , against the Pres- 
bytery of West Lexington, for licensing and ordaining the Rev. William 
L. McCalla, contrary, in the opinion of the complainants, to Presbyterial 
order, Mr. McCalla having been suspended from church privileges by 
the Presbytery of Washington, in consequence of a reference on the 
subject from the Session of the church of Chillicothe. — 1821, p. 21. 

[Note.— See under Form of Government, Chap, xiv, p. 544.] 

d. Complaint of Ashbel Green and others, by which complaint the 
following question is presented for the decision of the Assembly, viz. : 
Is it consistent with the Constitution of this Church for the same indi- 
vidual to hold the office of ruling elder in two different churches at the 
same time? 

The complainants were heard in support of their complaint ; the Synod 
was heard in defence of their decision ; and the complainants concluded 
with a reply: 

When it was resolved by the Assembly, that the decision of the Synod 
be affirmed, and the complaint dismissed. — 1827, p. 204. 

[Note.— See Form of Government, Chap, v, No. 5, p. 149.] 



712 BOOK OF DISCIPLINE, SECT. 83. 

e. A complaint by Mr. David McClure, against the Presbytery of 
Philadelphia, in relation to the mode in which certain ruling elders had 
lately been elected in the Second Presbyterian Church of Philadelphia. 
—1827, p. 211. 

Decision of Presbytery affirmed. — p. 215. 

f. Complaint of the minority of the Presbytery of Philadelphia, against 
a reference by said Presbytery of the case of Rev. Albert Barnes. — 
1831, p. 319. 

Complaint sustained. — p. 329. 

g. Complaint of Thomas Bradford et al. against the decision of the 
Presbytery of Philadelphia, relative to the installation of Mr. Duffield. 
Sustained.— 1835, p. 490. 

h. The complaint of Mr. Gilbert and Mr. Pickands in behalf of 
themselves and other members of the late Presbytery of Wilmington 
against the Synod of Philadelphia, for dissolving them. Sustained. — 
1836, p. 279. 

i. Complaint of Rev. Thompson Bird against the Synod of Iowa for 
reversing the decision of the Presbytery of Des Moines, deposing a min- 
ister for adultery in marrying a divorced woman. — 1858, p. 599, N. S. 

[Note. — See in this Digest, p. 98.] 

j. A complaint of certain members of the Presbytery of Philadelphia, 
against the Synod of Philadelphia, for refusing to divide said Presbytery, 
was taken up. — 1832, p. 356. 

The complaint was sustained without casting censure on the Synod of 
Philadelphia.— 1832, p. 360. 

k. The complaint of John Turbitt against the Synod of Illinois, for 
refusing to take up and consider, at their meeting in October, 1859, his 
appeal from, and complaint against, the Presbytery of Peoria; and 
would recommend to the Assembly to dispose of the case by adopting the 
following minute: 

It is earnestly recommended by this Assembly to the Synod of Illinois 
to reconsider their judgment in the case of Mr. John Turbitt, declared 
at their late meeting, October, 1859, and, without regarding the circum- 
stance of his having originally passed over the Synod and appealed 
directly to the Assembly, nor the circumstance of so much time having 
elapsed since the decision of the Presbytery against him, to take up his 
case, and either try it as an appeal against the Presbytery upon the old 
evidence, or else remand it to the Presbytery for their hearing of the 
new testimony. — 1860, p. 46, O. S. 

1. The complaint of the Rev. Alexander M. Cowan against the action 
of the Presbytery of Sydney, for refusing to enroll his name on the 
ground that he acknowledged himself to be a signer of the " Declaration 
and Testimony, ' ' and refused to sign the declaration prescribed by the 
Assembly of 1867 in such cases. 

The Committee finds the case to be in order, and recommends that it 
be tried according to the order prescribed in the Book of Discipline. — 
1868, p. 639, O. S. 

The following minute in the case was adopted: 

The General Assembly having heard the complaint of Mr. Cowan, it 
is resolved that it be not sustained, the Presbytery having acted entirely 
in accordance with the directions of the Assembly of 1867. 

But inasmuch as the emergency that called for the action of that and 



OF COMPLAINTS. 713 

of the previous Assembly has passed ; and inasmuch as many throughout 
the Church, and entirely loyal to it, have scruples in respect to the consti- 
tutionality and expediency of the orders of 1866; and inasmuch as Mr. 
Cowan declares that in signing the Declaration and Testimony he had no 
intention to rebel against, or to show any disrespect to, the Church, but 
merely to protest against what he regarded as an unconstitutional act ; 
and inasmuch as he desires to adhere to the General Assembly and to be 
subject to its authority ; therefore, 

Resolved, That his case be referred to the Presbytery to which he 
belonged, with instructions to deal tenderly with his scruples, and if in 
the judgment of said Presbytery he can be restored in accordance with 
the spirit of the action of 1867, that Presbytery have authority to 
restore him without further acknowledgment than that stated above in 
the hearing of this body.— 1869, p. 641, O. S. 

[Note.— For other causes of complaint see below. See also in the index under 
"Complaints."] 

28. Complainants satisfied by conference and leave to withdraw. 

The Judicial Committee reported the complaint of the Second Presby- 
tery of Philadelphia against the Synod of Philadelphia, and also the 
complaint of Messrs. Robert Cathcart, George Duffield and E. W. Gil- 
bert against the Synod of Philadelphia, as in order, and reported also an 
order to be pursued in prosecuting these complaints. 

Resolved, That these complaints be referred to a select Committee, to 
endeavor to effect a compromise, if practicable, between the parties con- 
cerned. 

Dr. Spring, Dr. Hoge, Mr. Ludlow, Mr. Jessup and Mr. Wilkinson 
were appointed this Committee. 

The Assembly united in prayer for the divine direction and blessing 
upon this Committee and the parties concerned in these complaints. 

The Judicial Committee reported on the petition and remonstrance of 
the Synod of Philadelphia against the last General Assembly's proceed- 
ings in relation to the Second Presbytery of Philadelphia. This 
paper was referred to the same Committee of Compromise. 

The Judicial Committee further reported the complaint and petition of 
E. W. Gilbert in behalf of himself and the Hanover Street Church of 
Wilmington, Del., against the Synod of Philadelphia, as in order and 
reported an order of proceeding to be followed in case the complaint is 
taken up. This complaint also was referred to the same Committee of 
Compromise. 

The Judicial Committee further reported on a paper purporting to be 
a complaint of the Synod of Cincinnati, remonstrating against the 
division of Presbyteries on the principle of elective affinity. This paper 
was also committed to the same Committee of Compromise. — 1833, p. 
396. 

The Committee subsequently reported that after an interview with 
members of the Presbytery and of the Synod, as a result of a free con- 
ference with both parties, they w T ere enabled to recommend to the Assem- 
bly the following: 

Resolved, That the complainants in all these cases have leave to with- 
draw their complaints, and that the consideration of all the other papers 
relating to the Second Presbytery of Philadelphia be indefinitely post- 
poned.— 1833, p. 399. 



714 BOOK OF DISCIPLINE, SECT. 84. 

LXXXIV. Written notice of Complaint, with the reasons therefor, 

shall be given, within ten days after the action was taken, to the Clerk, 

or, in case of his death, absence, or disability, to the Moderator, of the 

judicatory complained of, who shall lodge it, with the records and all the 

papers pertaining to the case, with the Clerk of the superior judicatory, 

before the close of the second day of its regular meeting next ensuing 

the date of the reception of said notice. 

[Note. — The ten days within which notice must be given, it will be noted, run from 
the time when the action was taken, and not from the rising of the judicatory, as was 
the provision of the former Book of Discipline.] 

1. Reasons as well as notice must be given. 

Overture No. 3, from the Synod of Cincinnati, as follows: Does the 
language of the Book of Discipline (Old), Chap, vii, Sec. iv, imply that 
when notice of complaint is given to a judicatory of the Church, reasons 
for such complaint must be given, as in the case of appeal ? 

A majority of the Committee recommend that the question propounded 
in the overture be answered in the affirmative. The minority are of the 
opinion that it should be answered in the negative. 

It was moved that the Assembly sustain the answer of the majority in 
the affirmative. Adopted. — 1855, p. 271, O. S. ; confirmed by Sec. 
lxxxiv. 

2. Notice and reasons must be given within ten days after the 
action is taken. 

a. A complaint of Rev. John Pym Carter against the Synod of Balti- 
more: 

The certificate of the Moderator of the Synod of Baltimore shows that 
Mr. Carter did complain to Synod of its decision, but that the grounds 
of complaint were lodged by him on the 3d of November, 1880, the 
Synod having adjourned October 21. 

The Book of Discipline (Old), Chap, vii, Sec. iv, Sub-sec. iv, requires 
notice of complaint to be given within ten days after the rising of the judi- 
catory, as in the case of an appeal (Book of Discipline [OldJ, Chap, vii, 
Sec. iii, Sub- sec. v, which requires an appellant to lay the reasons of his 
appeal in writing before the judicatory appealed from within ten days 
after its rising). 

The General Assembly (Moore's Digest, 1873, p. 605, 1) directed 
that " when notice of complaint is given to a judicatory of the Church, 
reasons for such complaint must be given as in case of appeal." 

Mr. Carter's reasons were not given until the thirteenth day after the 
adjournment of the Synod. He not having complied with the require- 
ments of the Book of Discipline, your Committee recommend that the 
complaint be dismissed. Adopted. — 1881, p. 587. 

b. Complaint of the Rev. Samuel M. Gould against the Presbytery of 
Philadelphia North. There is no evidence that notice and reasons of 
complaint were given by the complainant, as required by the Book of 
Discipline (Old), Chap, vii, Sec. iv, Sub-sec. iv, and no sufficient reason 
for passing over the Synod. We recommend that the complainant have 
leave to withdraw his complaint. Adopted. — 1881, p. 585. 

3. Complaint dismissed when no notice has been given. 

A complaint of Fisk Harmon against the Synod of Iowa North in 



OF COMPLAINTS. 715 

approving the decision of the Presbytery of Fort Dodge, in declining, 
for reason, to restore him to the ministry from which he had been 
deposed by the Presbytery of Des Moines the year before. The Com- 
mittee recommend that the complaint be dismissed, and the papers be 
returned to the complainant, because it does not appear that he gave any 
notice at any time to the Synod of his intentions to complain. Adopted. 
— 1875, p. 511. 

Also case of J. C. Bose.— 1893, p. 132. 

4. Complaint against the action of a judicatory can lawfully be 
signed only by those who signed it or gave notice of their intent 
within the constitutional limit of time. 

Resolved, That it is unnecessary at this time for the General Assembly 
to take any action looking to the reversal of the action of the Synod of 
New York complained of by John J. McCook and others, inasmuch as 
the Synod has dismissed the complaint of Rev. Francis Brown, D.D., 
and others, on which the complaint to the General Assembly was 
founded. But it is expedient that the General Assembly put upon 
record an explicit ruling that a complaint against the action of a judica- 
tory cannot lawfully and constitutionally be signed by persons other than 
those only who have signed the same or given notice thereof within the 
ten days' constitutional limit of time. And Synod should have stricken 
from the complaint the 113 names, and let it stand as the complaint of 
him only who signed in time the notice thereof. — 1894, pp. 127, 128. 

[Note. — In the case of the complaint of John J. McCook et al. vs. the Synod of New 
York, see Minutes, 1894, p. 127, it appeared that the Synod allowed 113 persons, in ad- 
dition to the complainant, Francis Brown, to appear before the Synod as com- 
plainants and that none of said 113 had given notice of intent to complain within the 
constitutional limit.] 

5. Complaint and appeal dismissed as not lodged in time, and 
no one appearing to prosecute. 

A complaint and appeal to the General Assembly against the decision 
of the Synod of Catawba, in session at Charlotte, N. C, November 2, 
1887, signed by seven persons. This complaint and appeal pertains to 
the action of the Synod in sending back to the Presbytery of Yadkin 
the case of Kev. E. H. Garland for a rehearing. The Stated Clerk of 
the Synod filed this complaint as having been received by him on the 
14th day of November, 1887, whereas the action complained of was 
taken November 2, 1887, twelve days before the complaint was filed with 
the Stated Clerk, which was two days after the expiration of the time 
allowed for filing a complaint or appeal (see Book of Discipline, Sees. 
lxxxiv and xevi). For this reason, and because no complainant or 
appellant has appeared before the Committee, we recommend that the 
complaint and appeal be dismissed as not in order. The report was 
adopted.— 1888, p. 77. 

[Note. — See Sec. xcvi.] 

6. Dismissed because no notice of complaint given. 

a. The complaint of J. C. Bose against the Synod of India. The 
Committee recommend no action, the case being found not in order, for 
the reason that no notice of complaint was given to Synod. Adopted. 
—1893, p. 132. 

b. Complaint of the Presbytery of La Crosse, against the Presbytery 
of Mattoon and the Synod of Illinois, in the case of Rev. J. H. Lish. 



716 BOOK OF DISCIPLINE, SECT. 84-88. 

Not in order, for the reason that due notice has not been given to the 
Synod of Illinois.— 1894, p. 127. 

[Note. — See also under Book of Discipline, Sec. lxxxiii, p. 697.] 

7. Evidence must be furnished that notice was given. 

a. Dismissed for want of evidence that notice of the complaint was 
given to the superior judicatory. — 1834, p. 434; 1863, p. 23, O. S. ; 
1875, p. 511; 1881, p. 585. 

b. Leave given to show that notice has been given as required (1834, 
p. 454) and the complaint entertained. — 1836, p. 274. 

[Note. — Where a mistake had been made, see Book of Discipline, Sec. xcvi.] 

8. Right to complain lost by failure to observe the rules. 

The report of the Judicial Committee No. 3, viz., the complaint of 
Messrs. Tate, Mclver and others, against the Presbytery of Fayette ville, 
in the case aforesaid, was taken up and adopted, and is as follows, viz. : 

A complaint of the Rev. Robert Tate, Colin Mclver and others, was 
put into the hands of the Committee, in which they complain of a 
decision of the Presbytery of Fayetteville, by which they refused to 
reconsider certain decisions made at a former meeting of the Presbytery 
touching the case of the Rev. Archibald McQueen. The Committee are 
unanimously of the opinion that the General Assembly cannot entertain 
this complaint, inasmuch as the complainants did not avail themselves of 
their right to complain of the aforesaid decisions within the time and in 
the manner specified in our Book of Discipline. The Committee believe 
that it was never intended that those who thus waived their right should 
have the right, at a subsequent meeting of the judicatory, on a mere 
motion to reconsider, to bring the whole previous action by complaint 
before the higher judicatory. — 1846, p. 202, O. S. ; see also next below. 

9. A judicial case once adjudicated may not be revived on memorial. 

The complaint of the Rev. James P. Fisher against the action of the 
Synod of Albany, in the case of the Rev. George H. Thatcher. It 
appears that the Presbytery of Albany allowed Mr. Thatcher to demit 
the office of the Gospel ministry, of which action complaint was made 
by Mr. Fisher to the Synod in 1856. This complaint was sustained, but 
no copy of it appears on record, nor are the minutes of the Presbytery, 
out of which the complaint grew, before us. The Synod, in sustaining 
the complaint, did not make any order to the Presbytery as to what dis- 
position they should make of Mr. Thatcher; but no protest was entered 
against this action, nor was any complaint taken to this body at that 
time. At the meeting of the Synod in 1857, a memorial was presented 
from the Presbytery of Albany, asking Synod to define their action in 
the case, which memorial was laid on the table. The complaint now 
before us purports to lie against this latter action, but it is entitled a 
" complaint of the action of the Synod in the case of the Rev. George 
H. Thatcher," and undoubtedly all the reasons of complaint are aimed 
against that action. The Judicial Committee recommend that the case 
be dismissed for the following reasons, viz. : 

1. The complainant having failed at the proper time to make his com- 
plaint of the action of the Synod in the case of Mr. Thatcher, has 
thereby forfeited his right to complain. 

2. Were the Assembly to allow a judicial case, when once adjudicated, 



OF COMPLAINTS. 717 

to be revived on a simple memorial, it would give rise to endless litigation, 
insomuch that no judicial case could ever be known to be finally settled. 
3. Even if the Assembly were disposed to entertain the complaint, no 
intelligent or just decision could be had in the case, in the absence of the 
complaint which the Synod sustained, and of the records of the Presby- 
tery in the original case. — 1858, p. 297, O. S. 

LXXXV. Whenever a Complaint, in cases non-judicial, is entered 

against a decision of a judicatory, signed by at least one- third of the 

members recorded as present when the action was taken, the execution 

of such decision shall be stayed, until the final issue of the case by the 

superior judicatory. 

[Note. — See under Book of Discipline, Sec. lxxxviii, below, in case of the dissolu- 
tion of a pastoral relation.] 

LXXXVI. The complainant shall lodge his Complaint, and the 
reasons therefor, with the Clerk of the superior judicatory before the 
close of the second day of its meeting next ensuing the date of the 
notice thereof. 

[Note.— See Book of Discipline, Sec. xcvii. The same rule applies to appeals.] 

LXXXVII. If the higher judicatory finds that the Complaint is in 
order, and that sufficient reasons for proceeding to trial have been 
assigned, the next step shall be to read the record of the action com- 
plained of, and so much of the record of the lower judicatory as may be 
pertinent; then the parties shall "be heard, and, after that, the judicatory 
shall proceed to consider and determine the case, as provided for in cases 
of original process. In cases of Complaint involving a judicial decision, 
proceedings in an appellate judicatory shall be had in the order and as 
provided in Sec. xcix, Chap, iv, entitled " Of Appeals." 

LXXXVIII. The effect of a Complaint, if sustained, may be the 
reversal, in whole or ic part, of the action of the lower judicatory; and 
may also, in cases non-judicial, be the infliction of censure upon the 
judicatory complained of. When a Complaint is sustained, the lower 
judicatory shall be directed how to dispose of the matter. 

1. The judicatory issuing a complaint may not decline to adjudicate 
the merits of the case, and must observe the alternatives of the 
Book. It may not assume original jurisdiction. 

On the complaint of Mr. William H. Beecher and others against the 
Synod of Genesee, in the ca?e of the appeal of Dr. Frank from the 
decision of the Presbytery of Genesee, the General Assembly sustain the 
complaint and reverse the judgment of the Synod on the following 
grounds, viz. : 

1. That the merits of the case seem to be expressly declined by the 
Synod as the subject-matter of adjudication. 

2. That the Synod appear not to have adhered to the alternatives pre- 
scribed by the Constitution (see Book of Discipline [Old], Chap, vii, 
Sec. iii, Sub-sec. x). 

3. That the Synod seem to have forgotten the nature and the limits of 



718 BOOK OF DISCIPLINE, SECT. 88-92. 

their appellate, as distinguished from the original jurisdiction in the 
ease; in that they censure at their bar the appellant in a Avay competent, 
in any circumstances, only to the Session of the church to which the 
appellant was primarily amenable. 

4. That they seem to have forgotten also, in restoring the appellant, 
that some expression of repentance ought to have been exacted, espe- 
cially if their reprimand could, from any tribunal, have been deserved. 
The Assembly, therefore, rule that the Synod of Genesee should review 
their proceedings in this case; and, regarding alike the rules of the 
Constitution and the merits of the case, that they proceed to issue the 
same with equity and wisdom. 

In the matter of defining in what calumny consists, as connected with 
the case, the Assembly feel it not necessary to express any opinion farther 
than to recommend the principles of our Constitutional discipline. — 
1840, p. 11, N. S. 

2. Reversal places matters in statu quo. 

[In the complaint of T. B. Clark and others against the decision of 
the Synod of Cincinnati :] 

The parties having been heard, the Synod withdrew, and the roll was 
called for the opinions of the members. The question was then put, " Is 
the complaint well founded ?" and it was answered in the affirmative. 

And it was 

Resolved, That the complaint be sustained, and the decision of the 
Synod of Cincinnati be reversed, and matters placed in the same situa- 
tion in which they were before the Synod entered up its judgment in the 
case.— 1841, p. 450, O. S. 

3. Does a complaint suspend the dissolution of a 

pastoral relation? 

An overture from the Presbytery of Erie, viz. : 

Does the dissolution of pastoral relations take effect immediately, 

although notice has been given of a complaint to a higher court ? 

Answer: A complaint alone does not suspend or arrest the action 

complained of. Adopted. — 1881, p. 586. 

[Note.— See Book of Discipline, Sec. lxxxv, p. 717, which was adopted in 1884, and 
by which the law was changed.] 

4. Censure of the lower judicatories. 

The Committee appointed to prepare a minute to be adopted by the 
Assembly, in relation to the appeal and complaint of the Rev. Josiah 
B. Andrews, against a decision of the Synod of New Jersey, affirming 
a decision of the Presbytery of Jersey, by which Mr. Andrews was 
admonished, reported, and their report being read, was adopted, and is 
as follows, viz. : 

The General Assembly, after maturely and prayerfully considering the 
appeal and complaint of the Rev. Josiah B. Andrews, from a sentence 
of the Synod of New Jersey, adopted the following minute, viz. : 

While in the opinion of this Assembly, the Presbytery of Jersey in 
originating, conducting and issuing this prosecution, do not appear to 
have exercised that cautious regard to the provisions of the Constitution, 
in cases of process, which are so efficient in matters of discipline, and 
while they deem this applicable to the proceedings of the Presbytery in 
relation to both the parties, 



OF COMPLAINTS. 719 

Resolved, 1. That the sentence of the Presbytery and Synod, so far as 
it censures the Rev. Josiah B. Andrews, for an imprudence of conduct 
and a want of tenderness toward the reputation of certain members of 
the church in Perth Amboy, be affirmed and it hereby is affirmed. 

2. That the sentence of the Presbytery and Synod, censuring the Rev. 
Josiah B. Andrews for '•' a very reprehensible degree of equivocation," 
be reversed, and it hereby is reversed. — 1824, p. 106. 

[Note.— See also under Book of Discipline, Sec. lxxii, No. 3, d, p. 687, censure of 
the Synod of Cincinnati on review of records.] 

5. Complaint sustained, and the errors of the inferior 
judicatories detailed. 

The Committee appointed to bring in a minute in reference to the com- 
plaint of the Rev. Thomas H. Skinner, D.D., and others against the 
Synod of Cincinnati, respectfully report the following, viz.: 

The complaint of the Rev. Thomas H. Skinner, D.D., and others 
against the Synod of Cincinnati, in the matter of Rev. William C. 
McCune, was found to be in order ; and, after being heard, the vote on 
the same was taken. 

The complaint was declared to be sustained, and the action of the 
Synod reversed. 

In this decision the Assembly affirm their judgment that the original 
charges brought against the Rev. William C. McCune before the Presby- 
tery of Cincinnati in this case were proved by sufficient evidence under 
several of the specifications subjoined to the same. The Presbytery 
therefore erred in not sustaining these charges, and in not reprimanding 
Mr. McCune for his unsound statements and his disloyal action in the 
premises. The Presbytery also erred in dismissing Mr. McCune under 
these circumstances to another denomination as in good standing. The 
Synod of Cincinnati erred in refusing to sustain the complaint made 
against the Presbvtery of Cincinnati for its action in this case. Adopted. 
—1878, p. 103. " 

[Note. — See also under Book of Discipline, Sec. xcix, 4.] 

LXXXIX. The parties to a Complaint, in cases non-judicial, shall be 
known, respectively, as Complainant and Respondent — the latter being 
the judicatory complained of, which should always be represented by one 
or more of its number appointed for that purpose, who may be assisted 
by counsel. 

XC. Neither the complainant nor the members of the judicatory 
complained of shall sit, deliberate, or vote in the case. 
[Note. — See under Book of Discipline, Sec. xcviii.] 

XCI. Either of the parties to a Complaint may appeal to the next 
superior judicatory, except as limited by chap, xi, sec. iv, * of the 
Form of Government. 

XCII. The judicatory against which a Complaint is made shall send 
up its records, and all the papers relating to the matter of the Complaint, 
and filed with the record; and, for failure to do this, it shall be censured 

* i. e., " Which do not affect the doctrine or Constitution of the Church," in which 
cases the decision of the Synod is final. See p. 244. 



720 BOOK OF DISCIPLINE, SECT. 92-94. 

by the superior judicatory, which shall have power to make such orders, 
pending the production of the records and papers, and the determination 
of the Complaint, as may be necessary to preserve the rights of all the 
parties. 

1. In the absence of the respondent and of the papers in the case 
decision suspended until the record is produced. 

The Judicial Commission appointed to hear and issue the complaint of 
John J. McCook, William Waith, John Machlin, M. L. Miller and 
James Gardner against the action of the Synod of New York on October 
21, 1892, in finding in order a complaint of the Kev. Francis Brown, 
D.D., against the action of the Presbytery of New York, on November 
4, 1891, in sustaining the ruling of the Moderator as to the status of the 
Prosecuting Committee, to which complaint the names of 113 persons 
had been added after the ten days' limit fixed by the Book of Discipline 
had expired, met on May 27, at 8 P.M. 

The record containing the action was read, and one of the complain- 
ants, Mr. John J. McCook, was heard. 

In the absence of any appointed representative from the Synod of New 
York, the Rev. Francis Brown, D.D., and Ruling Elder Alfred B. 
Smith, members of that body, were invited to address the Commission 
concerning the action of the Synod in the case. A letter was read from 
the Stated Clerk of the Synod, stating that the original complaint, from 
some cause which does not seem to be any fault of his, had passed out of 
his reach. 

The complaint was found to be in order, and it was entertained. The 
following action was then taken : 

The Finding : The Judicial Commission finds that the Synod of New 
York has failed to appear before the court by any appointed representa- 
tive ; they further find that the Synod of New York, against which this, 
complaint is made, has failed to send up all the papers in the case, as 
provided for in Sec. xcii of the Book of Discipline. The Commission 
recommends that the decision complained of be suspended until the 
record is produced on which the issue can be thoroughly tried; and that 
the Synod of New York be directed to send up all the papers relating to 
this complaint with the record, to the next General Assembly, and that 
the Synod appoint one or more of its members to represent it at said 
General Assembly.— 1893, pp. 152, 153. 

[Note. — See this Digest, p. 715, for the final action in this case.] 

XCIII. If a case should be carried to an appellate judicatory by both 
Appeal and Complaint, the same shall be consolidated for trial, if deemed 
proper by the appellate judicatory. If the Appeal be abandoned, the 
case shall be heard only on the Complaint. 

[Note.— See Book of Discipline, Sec. lxxxiii, p. 697.] 
IV. OF APPEALS. 

XCIV. An Appeal is the removal of a judicial case, by a written 
representation, from an inferior to a superior judicatory; and may be 



OF APPEALS. 721 

taken, by either of the original parties, from the final judgment of the 

lower judicatory. These parties shall be called Appellant and Appellee. 

[Note. — Prior to the adoption of the Constitution of 1821, no distinction was made 
between an appeal and a complaint. The common form used was " We appeal and 
complain." Under this broad title any decision whatever was carried by any parties 
from the lower judicatories to the higher. The Constitution of 1821 defined "an 
appeal" to be " the removal of a cause already decided, from an inferior to a superior 
judicatory by a party aggrieved. 11 Under the term "cause" all cases of whatever 
character which had been the subject of a decision by an inferior judicatory were 
included. Hence under this section "Of Appeals" will be found many decisions of 
cases which, under the present Constitution, would be acted on only as complaints. 
They appear here because of the questions decided.] 

1. The death of the appellee bars the prosecution of an appeal. 

The records of the Synod of New York were approved, except that, 
on p. 277, it appears that the Synod decided that the death of the Rev. 
Mr. Griffith should be no bar in the way of the prosecution of an appeal 
by his prosecutor from the decision of the Presbytery of Bedford, 
acquitting Mr. Griffith.— 1833, p. 400. 

[Note. — The right to appeal or complain is not affected by the approval of the min- 
utes of the judicatory complained of. See Book of Discipline, Sec. lxxii, Nos. 4 and 
5, p. 687.] 

2. Appeals limited to judicial cases. 
The complaint of A. D. Metcalf, etc., against the Synod of Virginia, 
for deciding that appeals may lie in cases not judicial, was taken up. 
The complaint was sustained. — 1839, p. 160, O. S. 

3. Original parties only may appeal. Others may complain. 

a. The Judicial Committee reported a paper, signed by Dr. Cathcart 
and others, members of the Presbytery of Carlisle, purporting to be an 
appeal or complaint relative to a decision of the Synod of Philadelphia. 
The Committee gave it as their opinion that the subject could not be 
taken up on the ground of an appeal, because these persons were not one 
of the original parties, but that it might be taken up in the character of 
a complaint. — 1823, p. 69. 

b. Judicial Case No. 4, the complaint and appeal of the Presbytery 
of Passaic against the Synod of New Jersey. It was 

Resolved, That the Assembly cannot entertain this case as one of 
appeal, inasmuch as it has not been* made by one of the original parties. 

The case was then continued as a complaint. — 1861, p. 344, O. S. 

C. In the case of the appeal of Thomas H. Skinner et al. , from the 
Presbytery of Cincinnati, the Committee recommend that, inasmuch as 
the so-called appellants were not an original party, they are not entitled 
to an appeal (Book of Discipline [Old], Chap, vii, Sec. iii, Sub-sec. 
xvii), and that, therefore, the case be dismissed. Adopted. — 1877, p. 
575. 

d. In the appeal of George Fishbach vs. The Synod of Illinois South, 
the case was dismissed, inter alia, " because the appellant is not a party 
aggrieved."— 1874, p. 62. 

4. Decisions as to original parties. 

a. The person prosecuted and the prosecutor. 

[In the case of Mr. Barnes] Mr. Barnes was heard in support of his 
appeal. Dr. Junkin, the original prosecutor, was heard in support of 
the charges until he finished. The Synod was heard by their Committee 
in explanation of the grounds of their decision. — 1836, p. 260, etc. 
46 



722 BOOK OF DISCIPLINE, SECT. 94-95. 

The appeal of W. J. Frazer against the Synod of Illinois. The 
sentence appealed from, the appellant's reasons for appealing and the 
records of the inferior court, were read. Mr. Frazer, the appellant, and 
Mr. James Stafford, his prosecutor, who were the original parties, were 
heard.— 1840, p. 288, O. S. 

"b. The person claiming to be aggrieved and the judicatory appealed from. 

The parties in the case were then called, and R. J. Breckinridge was 
heard on behalf of Robert S. Finley. 

A question arose when he concluded, respecting the original parties, 
w r hether the Presbytery of Elizabethtown or the Synod of New Jersey 
should be regarded as the other party, upon which the Moderator decided 
that the action of the Assembly in allowing James Hoge and Nathaniel 
Hewit to take the place of absent members of the Committee appointed 
by the Synod of New Jersey, did virtually recognize the Synod as the 
party to be heard at this stage of the proceedings. — 1858, p. 291, O. S. 

C. The Prosecuting Committee and the appellee. 

In the case of the Presbyterian Church in the United States of Amer- 
ica against the Rev. Charles A. Briggs, D.D., being an appeal to the 
General Assembly from a decision and final judgment of the Presbytery 
of New York, rendered January 9, 1893, the Judicial Committee beg 
leave respectfully to report that they have examined the papers pertaining 
to this case, and find: 

1. That the appellant in this case is the Presbyterian Church in the 
United States of America, represented by its Prosecuting Committee, 
appointed by the Presbytery of New York, and, as such appellant, has 
a right of appeal to this Assembly as an original party, and said Prose- 
cuting Committee is entitled to conduct the prosecution, in all its stages, 
in whatever judicatory, until the final issue be reached. — 1893, p. 104. 
[Xote. — See Book of Discipline, Sees, x, xi, p. 636.] 

d. The appellant and the appellee. 

The Judicial Committee, in the matter of Judicial Case No. 1, begs 
leave to report: 

In the case of the Presbyterian Church in the United States of Amer- 
ica against Rev. Henry Preserved Smith, D. D. , being the appeal to the 
General Assembly from the decision, action and judgment of the Synod 
of Ohio, rendered October 13, 1893, we have examined the papers and 
conferred with the parties. 

AVe find that the appellant is Rev. Henry Preserved Smith, D.D., 
and as such appellant he has the right to appeal to the General Assem- 
bly, the case being one of that nature in which the appeal may be taken 
to the highest court of the Church, and we find that the Committee to 
conduct the prosecution appointed by the Presbytery of Cincinnati, in 
which Presbytery the case arose, has the right to conduct the prosecu- 
tion, and hence to appear for the Presbyterian Church, the appellee in 
this court.— 1894, p. 90. 

[Xote. — See under Book of Discipline, Sec. xi, p. 637.] 

5. Members of the judicatory trying a case are not parties in 
the case and may not appeal. 

a. The Judicial Committee also reported on the appeal of Dr. Joshua 
L. Wilson and others, against a decision of the Synod of Cincinnati, in 



OF APPEALS. 72o 

the case of Dr. Beecher, that they have examined the same, and are of 
opinion that Dr. Wilson and others were not a party in the case, and 
consequently cannot constitutionally appeal ; and recommend that they 
have leave to withdraw their appeal. This report was adopted. — 1834, 
p. 432. 

b. An appeal of the Presbytery of Omaha against the decision of the 
Synod of Iowa, in the case of Dr. G. C. Morrill. This case originated 
in the Session of the Second Church of Omaha, in which common fame 
was the accuser against Dr. Gilbert C. Morrill. After trial and judg- 
ment before the Session, it was carried, by appeal of the accused, to the 
Presbytery of Omaha, from whose judgment it was again carried, by 
appeal of the accused, to the Synod of Iowa. The Synod remanded the 
case to the Session for a new trial, of which decision the Presbytery 
seeks a review by appeal to this Assembly. 

In the judgment of the Judicial Committee, the Presbytery of Omaha 
is not one of the original parties to this case, and is therefore not compe- 
tent to bring it before the Assembly by appeal (Book of Discipline 
[Old], Chap, vii, Sec. iii, Sub-sees, i and xvii). And they therefore 
recommend that the appellants have leave to withdraw their papers. 
Adopted.— 1870, p. 27. 

6. An appeal may be made to the next superior judicatory by 
either of the parties to a complaint. 

[Note. — See Book of Discipline, Sec. xci.] 

7. No constitutional provision for a second appeal. 

An appeal and complaint from Rev. E. Bailey Smith against the action 
of the Synod of Xew Jersey. It appearing that Mr. Smith had appealed 
from this same action to a former Assembly, the Committee are unable 
to perceive how this second appeal can be entertained. The Book of 
Discipline (Old) makes no provision for any such second appeal. Be- 
sides, even if such an appeal were allowable, the reasons for it in this 
case were not lodged with the Assembly before the close of the second 
day of the session (as required by the Book of Discipline), and no new 
reasons are now assigned for it. It is, therefore, recommended that the 
appeal be dismissed. Adopted. — 1876, p. 28. 

[Note. — See Book of Discipline, Sec. xcvi.j 

XCY. The grounds of Appeal may be such as these : Irregularity in 
the proceedings of the inferior judicatory; refusal to entertain an Appeal 
or Complaint; refusal of reasonable indulgence to a party on trial; 
receiving improper, or declining to receive important, testimony ; hasten- 
ing to a decision before the testimony is fully taken; manifestation of 
prejudice in the conduct of the case ; and mistake or injustice in the 
decision. 

[Note.— In a majority of the cases cited below, it will be seen at once that under 
Sec. xciv, they would be received only as complaints, not being judicial cases, or 
brought by " either of the parties to a complaint." They are cited here, however, be- 
cause they contain valuable precedents — decisions which are not affected by the form 
in which they were brought. 

In cases of complaint involving a judicial decision, proceedings in an appellate 
judicatory shall be had in the order and as provided in Sees, xcix and lxxxvii.J 



724 BOOK OF DISCIPLINE, SECT. 95. 

1. Appeals have been entertained and issued for refusing to permit 

a call. 

a. Appeal of Rev. Henry R. Wilson vs. the Synod of Philadelphia. 
Sustained.— 1814, p. 548. 

b. Appeal of Presbytery of Hudson vs. the Synod of New York and 
New Jersey. The appeal was sustained. — 1817, p. 644. 

C. Appeal of Rev. Mr. Edgar vs. the Synod of Erie. Dismissed on 
the ground that Presbyteries have discretionary power in such cases. — 

1875, p. 510. 

[Note.— See under Form of Government, Chap, xv, Sec. ix, p. 569.] 

2. Appeal against an installation in the face of a protest. 

The Commission to whom was referred Judicial Case No. 1, being an 
appeal by the minority of the church and congregation of Westfield from 
the judgment of the Synod of New Jersey, report : 

The appellants complained to the Synod of the action of the Presbytery 
of Elizabeth in installing the Rev. Alexander McKelvey as pastor of said 
church and congregation, in disregard of the protest of the minority. 

The Synod, at its annual meeting, held in Orange, October, 1875, 
tried the appeal, with the following result of votes: to sustain the appeal, 
39 ; not to sustain, 39; to sustain in part, 4. The Moderator ruled that 
the votes to sustain in part should not be counted, thus rendering the 
vote of Synod a tie of 39 to 39. He then gave a casting vote not to 
sustain the appeal. The Synod then, for reasons stated, recommended 
that the Presbytery of Elizabeth use its influence to secure the dissolution 
of the pastoral relation existing between Mr. McKelvey and the church 
and congregation of Westfield. Your Commission decides that the 
appeal from the judgment of the Synod should be and is hereby sus- 
tained. The four votes to sustain in part should have been counted with 
those to sustain, and the Synod is directed to correct its record in this 
regard. 

In view of the fact that a very large and influential minority of the 
congregation of Westfield have, from the beginning, been opposed to the 
pastorate of Mr. McKelvey, and since it seems certain that harmony 
will not be restored under his pastorate, and since it is in evidence that 
many of the members of the Synod who voted not to sustain the appeal 
are of opinion that this pastoral relation should be dissolved, and in 
consideration of the fact that many of the acts of the Presbytery in the 
case have been hasty and irregular, the Synod of New Jersey is required 
and directed to enjoin the Presbytery of Elizabeth to dissolve, at as 
early a day as practicable, the pastoral relation of the Rev. Alexander 
McKelvey to the church and congregation of Westfield. Adopted. — 

1876, pp. 63, 64; 1877, p. 508. 

3. Appeal against a refusal to obey the superior judicatory. 

An appeal from, and complaint against, a vote of the Synod of Phila- 
delphia, in the case of Mr. Hindman. 

The Committee appointed to draught a minute respecting the appeal 
from the decision of the Synod of Philadelphia, whereby they refused 
to revise a minute of their preceding sessions, in the case of Mr. Hind- 
man, and refused to take into consideration the conduct of the Presby- 
tery of Lewes in the affair of his licensure, produced a draught to that 



OF APPEALS. 725 

purpose, which, after some amendment, was approved, and is as follows. 
viz. : 

The Assembly having had the whole affair laid before them, and fully 
heard the parties, after mature deliberation, judged, that in the case of 
Mr. Hindman, there appeared to have been such a want of attention to 
the rules of this body, and neglect of order, as to afford just ground of 
uneasiness to the appellants, and to deserve the disapprobation of the 
Assembly. But inasmuch as acts which have been performed in an 
informal manner must often, when done, be sustained, the Assembly do 
hereby sustain the licensure and ordination of Mr. Hindman, while at 
the same time they enjoin it, in the most pointed manner, on the Synod 
of Philadelphia, to give particular attention that no Presbytery under 
their care depart, in any respect, from that rule of the former Synod of 
New York and Philadelphia.— 1792, p. 56. 

4. Appeal for refusing to receive an applicant. 
A complaint and appeal of the Rev. Thomas Ledlie Birch, against 
certain proceedings of the Presbytery of Ohio, in the case of Mr. Birch, 
particularly for refusing to receive him as a member of their body. The 
appeal was not sustained — 1801, pp. 213, 218. 
[Note. — See Form of Government, Chap, x, Sec. viii, No. 3, p. 202.] 

5. Against an order or decision of a judicatory. 

a. An appeal from the Session of the Third Presbyterian Church of 
Philadelphia from the decision of the Synod of Philadelphia, affirming 
a decision of the Presbytery of Philadelphia, in which decision 
the Presbytery required said Session within twenty days from 
the date of their decision, or after the final determination of the case, to 
convene the congregation for the purpose of electing a pastor, was 
determined in the affirmative. — 1814, p. 559. 

b. The Second Presbytery of Philadelphia appealed against and com- 
plained of the act of the Synod of Philadelphia, ordering it to be merged 
in the Presbytery of Philadelphia. Both appeal and complaint were 
sustained and the act of the Synod pro tanto declared void. — 1834, p. 
432. 

C. The Assembly took up the appeal and complaint of the Second 
Presbytery of Philadelphia in relation to the decision of the Synod of 
Philadelphia dissolving them as a Presbytery. 

The final vote was taken, first on the appeal, which was sustained, and 
then on the complaint, which was also sustained. — 1836, pp. 273-276. 

6. An appeal will not lie against a judicatory for obeying the 
order of its superior. 

Appeal of Rev. Mr. Hummer against the Presbytery of Highland. 
The last General Assembly passed the following order, viz. : That the 
General Assembly would take action and give relief in the case of Rev. 
Michael Hummer, who, having been deposed by the Presbytery of Iowa, 
had been restored by the Presbytery of Highland against the remon- 
strance of the Presbytery of Iowa, just as if he was an independent 
minister. 

In answer, the Assembly declares that it is irregular and unconstitu- 
tional for any Presbytery to receive and restore a member of another 
Presbytery who had been deposed, and therefore the action of the Pres- 
bytery of Highland, in restoring Mr. Hummer, was improper; and the 



726 BOOK OF DISCIPLINE, SECT. 95. 

Presbytery of Highland is directed to reconsider its action, and proceed 
according to the requirements of the Constitution. 

The report was adopted. 

The Presbytery of Highland adopted the following minute : 

Whereas, We believe that our action in the reception of Brother 
Hummer was unconstitutional ; and whereas, we have no choice, in view 
of the direct injunction of the General Assembly; therefore, 

Resolved, That we do now proceed to reconsider the action of this 
Presbytery, by which Mr. Hummer was received into this body. 

Resolved, That this action of Presbytery be understood as putting the 
case into the position it occupied previous to his reception. 

Resolved, That Presbytery earnestly advise Mr. Hummer to appeal 
once more to the Presbytery of Iowa to take up his case, in order that, 
in the event of their refusal to do him justice, he may appeal to the 
Synod, and thence, if necessary, to the General Assembly, which resolu- 
tion was adopted. 

Against this proceeding Mr. Hummer appeals. 

But it appears that the Presbytery of Highland did nothing more than 
they were required to do by the General Assembly ; that is to say, they 
reconsidered and set aside the action which the Assembly had declared 
" irregular," " unconstitutional," and " improper." In the judgment 
of the Committee, an appeal does not lie in such a case, and they recom- 
mend that it be dismissed, and Mr. Hummer have leave to withdraw his 
papers. 

The report was accepted and adopted, and the case dismissed. — 1863, 
p. 35, O. S. 

[Note. — See, also, in this Digest, p. 206.] 

7. An appeal dismissed because no evidence is presented to 
sustain the allegation. 

Appeal and complaint of certain persons claiming to be ruling elders- 
of the church at Little Falls vs. the Synod of Albany. 

That they have examined the records and papers in said case ; and 
although the appeal has been taken in proper form, and after due notice, 
yet, as there has been presented no evidence to sustain the allegations set 
forth as grounds of reversal, and as the allegations cannot therefore be 
tried by the Assembly, the Committee recommend that the said appeal 
and complaint be dismissed. Adopted. — 1861, p. 312, O. S. 

Also case of William McElwee vs. Synod of Toledo. — 1873, p. 509. 

8, Appeal will not lie against a refusal to adopt a paper; or to 
determine a constitutional question in thesi, 

The Judicial Committee having had under consideration No. 1, the 
appeal and complaint of the Rev. Robert J. Breckinridge, D.D. , and 
others, against a decision of the Synod of Philadelphia, on the quorum 
question; and No. 2, the appeal and complaint of the Rev. R. J. Breck- 
inridge, D.D., and others, against a decision of the Synod of Philadel- 
phia, on the question of the imposition of hands in ordination, report, 
that in their opinion the Form of Government and Discipline of the 
Presbyterian Church do not authorize the appellants and complainants 
to bring before the General Assembly, either an appeal or complaint in 
the cases referred to. The report was adopted. — 1844, p. 366, O. S. 

[Note. — See Book of Discipline, Sec. lxxxiii, p. 698.] 



OF APPEALS. 727 

9. Nor where the judicatory acts within the limits of its power 
and authority. 

The Special Committee, appointed to prepare a minute expressive of 
the sense of the Assembly in passing the vote in the case of the appeal 
of Silas Miller from the decision of the Synod of Illinois, recommended 
the adoption of the following minute: 

The Assembly, having heard the appeal of Silas Miller from the 
decision of the Synod of Illinois, the sentence appealed from and the 
reasons assigned therefor, the whole record of the proceedings of the 
Synod in the case, including all the testimony and the reasons of their 
decision; and having heard the original parties by their counsel, namely, 
the appellant, by his counsel, Rev. George I. King, D.D. , and the 
Session of the church of Tuscola, by the Rev. Edwin Black; and 
having also heard the Rev. Livingston M. Glover, D.D., and others, 
members of the said Synod, in explanation of the grounds of their 
decision, and having carefully considered said appeal and the reasons 
assigned therefor by the appellant, are of the opinion that there is no 
valid ground for the appeal, in that it does not appear that the Synod 
exceeded its power and authority in the premises, or that it did any of 
the matters or things specified in Chap, vii, Sec. iii, paragraph 3, of the 
Book of Discipline (Old), as being proper grounds of appeal; and 
therefore the Assembly do now order the appeal of said Silas Miller to 
be dismissed, and the decision of the Synod of Illinois to be confirmed. 
—1867, p. 516, N. S. 

[Note. — See also under Book of Discipline, Sec. lxxxiii, " Of Complaints," p. 697.] 

10. Nor where the action was regular and equitable. 

Case of M. A. Rockefeller, H. N. Waples and M. E. Starick vs. the 
Synod of Harrisburg. 

These persons complain and appeal, because the Synod decided their 
case without hearing both sides fully, since their representative was 
absent on the last day of the hearing ; and because of injustice, in that 
the Synod did not regard the embarrassments of their position, and the 
irregularity of the action of the Session and the Presbytery, from which 
they appealed. 

The Committee learn from the records of the Synod, to which these 
appellants refer, as their only testimony, that a full hearing was granted, 
their representative being heard as long as he desired to speak, and in 
his absence, after having addressed the Synod, another representative was 
permitted to serve in his place ; and all the provisions of the Book were 
granted the appellants. Moreover, the decision of the Synod, from 
which the appeal was taken, contained an injunction upon the Presbytery, 
to enjoin the Session to invite these members of the Church to return to 
their duties and privileges in the Church, with the assurance that, if they 
would do so, the action against them should be annulled. The Com- 
mittee, therefore, fail to find ground for their complaint, for either of the 
reasons they specify, and recommend that the case be dismissed. 
Adopted.— 1873, p. 509. 

11. Nor when the appeal is indefinite and general. 
An appeal of E. Bailey Smith from the decision of the Synod of New 
York, sustaining the decision of the Presbytery of Westchester deposing 
him from the Gospel ministry. Your Committee report that, having 



728 BOOK OF DISCIPLINE, SECT. 95-96. 

considered the appeal of E. Bailey Smith, they find the same to be 
indefinite and general in its character, presenting no specific statement of 
facts in support of the reasons assigned in the appeal, as cause of com- 
plaint against the act of the Synod. They, therefore, recommend that 
the appeal of E. Bailey Smith be dismissed. Adopted. — 1875, p. 511. 

12. Where no question of doctrine or law is assigned the appeal 

not entertained. 

[Note. — See Form of Government, Chap, xi, Sec. iv; also Chap, xii, Sec. iv.] 
a. An appeal of J. H. Rogers from an action of the Synod of 
Illinois. 

Statement of the Case. — Mr. Rogers was suspended from church privi- 
leges by the Session of Prospect church, and, being dissatisfied with his 
sentence, appealed to the Presbytery of Peoria. The Presbytery declined 
to pass judgment upon the guilt or innocence of Mr. Rogers on the 
charges preferred, but decided that other conduct of Mr. Rogers, during 
the progress of his trial, justified his suspension. Mr. Rogers appealed 
to the Synod of Illinois from the decision of the Presbytery of Peoria 
on the grounds: 

1. That they should have pronounced him guilty or innocent of the 
charges preferred. 

2. That the Presbytery should not have sustained the Session's sentence 
which was not according to the indictment, but in condemnation of con- 
duct and spirit indulged in during the progress of the trial. 

The Synod sustained the appeal of Mr. Rogers in both specifications 
as a whole, and remanded the case to the Presbytery, with instructions 
to find a definite judgment according to the evidence, and in a form 
prescribed by the law of the Church. 

Your Committee is not able to discover, in the action of Synod in favor 
of the appellant, or in the reasons assigned by the appellant, any ques- 
tion of doctrine or law, and, not regarding it within our province to pass 
judgment upon the merits of the case, we recommend: 

That the appeal be not entertained. Adopted. — 1885, p. 642. 

"b. An appeal of Rev. W. W. Campbell from an action of the Synod 
of Baltimore. 

Statement of the Case. — At the joint request of Mr. Campbell and the 
Grove church, under the care of the Presbytery of Baltimore, the pas- 
toral relation existing between Mr. Campbell and the Grove church 
was dissolved. The Synod of Baltimore sustained the action of the 
Presbytery. 

Your Committee is of the opinion that the case does not come under 
the rule determining the character of cases to be judged by the General 
Assembly, but should be left to the discretion and judgment of the lower 
courts. 

We therefore recommend that the appeal of Rev. Mr. Campbell be 
not entertained. Adopted. — 1885, p. 643. 

C. An appeal of Rev. Samuel Storrs Howe from an action of the 
Synod of Iowa. 

Statement of the Case. — Mr. Howe complains that the Synod of Iowa 
refused his application for aid for a mission chapel and academy. 

This case is so evidently out of the province of the Assembly, and so 
manifestly a case to be decided by the discretion of the lower courts, and 
of the Boards from which aid is asked, that 



OF APPEALS. 729 

The Committee recommends that the appeal of Rev. Mr. Howe be not 
entertained. Adopted. — 1885, p. 643. 

d. The complaint of Oakland church, against the Synod of Ten- 
nessee.— 1888, p. 77. 

e. The complaint of Rev. J. W. Cummings and Rev. S. C. Faris to 
the Synod of Ohio, against the Presbytery of Wooster, for changing the 
terms of a call without the consent of parties. 

The Committee report that final jurisdiction in the case belongs to the 
Synod. Adopted.— 1886, p. 73. 

f. The complaint of certain members of the former Central church, 
Jacksonville, 111., to the Synod of Illinois, against the action of the 
Presbytery of Springfield in uniting the First and Central churches of 
Jacksonville. 

The Committee report that the Synod is the court of last resort in such 
cases. Adopted. — 1886, p. 73. 

g. The report of the Judicial Committee, in the case of Rev. N. West 
against the Synod of Minnesota, was read. Mr. West was heard on the 
question of the constitutionality of the appeal. The report was adopted. 
—1888, p. 124. 

[Note.— See this Digest, p. 704.] 

h. Complaint of Rev. William M. Campbell against the Synod of 
Baltimore. 

In the judgment of your Committee, this complaint does not involve 
questions of doctrine or Constitution, and the judgment of Synod being 
final in all other cases, your Committee recommend that it be dismissed. 
Adopted.— 1891, p. 144. 

i. Appeal of A. G. McAuley vs. the Synod of Pennsylvania. " This 
appeal involves no question of Constitution or doctrine, ' ' the Committee 
recommend that it be dismissed. Adopted. — 1896, p. 128. 

XCVI. Written notice of Appeal, with specifications of the errors 
alleged, shall be given, within ten days after the judgment has been ren- 
dered, to the Clerk, or, in case of his death, absence, or disability, to the 
Moderator, of the judicatory appealed from, who shall lodge it, with the 
records and all the papers pertaining to the case, with the Clerk of the 
superior judicatory, before the close of the second day of its regular meet- 
ing next ensuing the date of his reception of said notice. 

1. Notice of appeal, with reasons in writing, must be given within 
ten days after judgment. 

a. An appeal of Mr. Benjamin Bell, from a decision of the Presby- 
tery of Geneva, and also an appeal of Mr. Bell from the decision of the 
Synod of Geneva, were laid before the Assembly by the Judicial Com- 
mittee. These appeals were both dismissed, on account of the judica- 
tories, from whose decisions they had been taken, not having received 
due notice from Mr. Bell that he designed to prosecute them before this 
Assembly.— 1821, p. 25. 

b. The appeal of Mr. Charles Yale from a sentence of the Presbytery 
of Bath, deposing him from the Gospel ministry, was taken up and 
dismissed, because it appeared that Mr. Yale gave notice to said Presby- 
tery that he should appeal to the Synod of Geneva, several days before 



730 BOOK OF DISCIPLINE, SECT. 96-97. 

he signified his desire to the Moderator of Presbytery to appeal to the 
General Assembly.— 1826, p. 187. 

C. Resolved, That the appeal [of certain pew owners of the First 
Presbyterian Church in Troy] be dismissed, on the ground that the 
Synod has not had the constitutional notice of the reasons of the appeal. 
—1828, p. 242. 

d. Appeal of George Fishbach dismissed because he did not file his 
reasons within ten days after Synod. — 1874, p. 62. 

[Note.— Under the old Book of Discipline, notice of appeal, with reasons, was given 
within ten days after the rising of the judicatory. See also under "Book of Discipline, 
Sec. lxxxiv, "Of Complaints," p. 714. 

2. Evidence required that notice has been given. 

a. The Judicial Committee recommend that said appeal be dismissed 
on the ground that the only paper which appears to be intended as an 
appeal is without date or signature, or evidence that it was ever before 
the Synod of Genesee, or lodged with the Moderator of said Synod. — 
Appeal of Bergen church. — 1830, p. 292. 

b. The complaint of John Cochran against the Synod of Philadelphia. 
The complainant had leave to withdraw his papers on the ground that 
the Committee have no evidence that notice of said complaint was given 
to the Synod.— 1834, p. 434. 

C. Protest and appeal of Kev. J. W. Martin against certain action of 
the Presbytery of Philadelphia North, with regard to the Hermon 
church, Frankford. The Committee recommend that the protest and 
appeal be dismissed, for the reason that it does not appear that any notice 
of the same has been given to the Synod appealed from. Adopted. — 
1880, p. 68. 

d. The records of the Synod of Utica were approved, with the follow- 
ing exceptions: 

1. That the Synod issued an appeal from the inferior judicatory, when 
it appeared before them that an appellant had not given notice in writing 
that he should appeal, with his reasons assigned for appealing, as 
required by the Book of Discipline (Old), before the rising of the 
judicatory appealed from, or within ten days thereafter. 

2. That the Synod violated the principles of the Constitution in quali- 
fying the members of the inferior judicatory to ascertain whether an 
appeal had been given, when the Book of Discipline requires that the 
appeal shall be lodged in the hands of the Moderator; and further, that 
the inferior judicatory shall send authentic copies of all the records, and 
of all the testimony relating to the matter of appeal, up to the Synod, 
whose duty it is to issue the appeal when found in order, and in accord- 
ance with the Book of Discipline. — 1840, p. 12, N. S. 

3. When a new trial is granted by the superior judicatory, notice 
must be given by the appellant of his intent to prosecute. 

This appeal of Mr. Craighead from a decision of the Synod of Ken- 
tucky was taken up, and, being read, it appeared on inquiry that the 
Synod of Kentucky was not ready for trial, because Mr. Craighead had 
failed to give them notice that he intended to avail himself of the privi- 
lege granted by the last Assembly, by prosecuting his appeal ; therefore, 

Resolved, That the further consideration of this appeal be postponed, 
and that Mr. Craighead be informed, that if he wishes to prosecute his 



OF APPEALS. 731 

appeal before the next General Assembly, he must give notice of his 
intention to the Synod of Kentucky. — 1823, p. 92. 

4. Failure of the judicatory to receive notice does not 
bar the appellant. 

This Assembly are of opinion that Mr. Lowrey complied with the rule 

of the Book of Discipline, respecting the notice given, in the case of his 

appeal ; but as this notice appears not to have been received by the Synod, 

they were not censurable for not sending up the records. — 1824, p. 115. 

[Note. — In this case the Assembly satisfied itself that the notice was sent within 
the ten days after the rising of the judicatory.] 

5. Leave to show that notice has been given to the judicatory 

appealed from. 

On motion of E. P. Humphrey, it was 

Resolved, That the case be referred to the next General Assembly, with 
leave to appellants to show them that they gave the Synod notice for an 
appeal. — Case of Davidson, Koons, et at. — 1859, p. 540, O. S.. 

6. On evidence of notice the case reinstated. 

No reasons accompany the complaint, and there is no evidence that 
any notice of complaint was given to the Synod. Complaint dismissed 
and leave given to withdraw papers. — 1865, p. 542, O. S. 

The next year the complainant above came before the Assembly by 
overture or memorial, when action was taken as follows, viz. : 

Also Overture No. 21, relating to an appeal of the Eev. L. R. Lock- 
wood, presented by his counsel, Rev. James Remington. 

This appeal against the Synod of Iowa, for not sustaining his appeal 
from the Presbytery of Dubuque, was dismissed by the last Assembly, 
on the ground that no reason accompanied the complaint, and there was 
no evidence that any notice of complaint was given to the Synod. Mr. 
Lockwood now memorializes this Assembly, and alleges that the required 
notice of appeal was given to the Synod, and that he was then, and still 
is, prevented from attending the Assembly during its last and present 
sessions, and he asks that his appeal may be reinstated, and referred to 
the next Assembly for trial. 

The Committee recommend that his request be granted. He further 
asks that the Assembly direct the Presbytery of Dubuque to grant him 
a new trial on the ground of new testimony. 

The Committee recommend that this application be referred to the 
Presbytery of Dubuque, to the end that if the new testimony be found 
of sufficient importance to justify, that Presbytery may afford Mr. Lock- 
wood the relief he asks. But if, in their judgment, a new trial ought 
not to be granted, that then the appeal shall stand for trial on the record 
as now existing, before the next General Assembly. 

The report was adopted.— 1866, p. 72, O. S. 

XCVII. The appellant shall appear in person or by counsel before the 
judicatory appealed to, on or before the close of the second day of its 
regular meeting next ensuing the date of the filing of his notice of 
Appeal, and shall lodge his Appeal and specifications of the errors 
alleged, with the Clerk of the superior judicatory, within the time 
above specified. If he fail to show to the satisfaction of the judicatory 



732 BOOK OF DISCIPLINE, SECT. 97. 

that he was unavoidably prevented from so doing, he shall be considered 
as having abandoned his Appeal, and the judgment shall stand. 

[Note. — The first clause applies equally to complaints. See Sec. lxxxvi, p. 717.] 

1, Personal attendance of the appellant is not necessary. 

Personal attendance on the superior judicatory is not essential to the 
regular prosecution of an appeal. — 1822, p. 53. 

2. Where neither the appellant nor any one in his behalf appears 
the appeal is dismissed. 

a. The complaint of Rev. Henry Davis against a decision of the 
Synod of Utica, was taken up, and dismissed on the ground that the 
complainant has not appeared to prosecute his complaint, nor any other 
person in his behalf. — 1834, p. 454. 

b. The complaints of Rev. G. Duffield and W. R. de Witt were 
dismissed on the ground that neither the complainants themselves, nor 
any person on their behalf, are present to prosecute those complaints. — 
1835, p. 490; 1864, p. 313, O. S. ; 1865, p. 535, O. S. 

C. The Committee reports two appeals of the Rev. John W. Ellis, 
D.D., from decisions of the Synod of the Pacific. 

The Committee nods that the papers in these cases are not sufficiently 
full and explicit to warrant a judicial procedure in this body. And as 
the appellant is not present, in person or by counsel, and there is doubt 
whether the facts are such as to authorize an appeal to the General 
Assembly on constitutional grounds, it is recommended that the appeals 
be not entertained, and that the papers be returned to the appellant. 
Adopted.— 1892, p. 214. 

d. An appeal by H. H. Hammond, E. H. Kerr and L. W. O'Brien 
against the action of the Synod of Ohio in dismissing the appeal taken 
by said parties from the action of the Presbylery of Dayton in the 
matter of said Hammond, Kerr and O' Brien vs. Rev. W. F. McCauley, 
a minister in said Presbytery. Your Committee recommends that the 
appeal to the General Assembly be dismissed because not in order, the 
appellants not being present, either in person or by counsel, to prosecute 
their appeal, as required by Sec. xcvii of the Book of Discipline. 
Adopted.— 1894, p. 128. 

e. Complaint of Rev. Donald Fletcher against the Synod of Iowa 
North for its action taken October 7, 1879, in the matter of his com- 
plaint against the Presbytery of Waterloo. The Committee recommend 
that this complaint be dismissed, on the ground of the failure of the 
complainant to appear, either in person or by counsel, to prosecute it. 
Adopted.— 1880, p. 68. 

f. Appeal of E. C. Battelle vs. Synod of Nebraska — inter alia — " That 
no one appears to prosecute the case." — 1896, p. 84. 

3. In the absence of the appellant the judicatory assigns counsel. 

a. The Judicial Committee brought before the Assembly an appeal of 
Mr. Newton Hawes from a decision of the Synod of Genesee, affirming his 
suspension from the ordinances of the Church, which suspension had 
been determined by the church of Warsaw. Mr. Hawes not being pres- 
ent, Dr. Janeway and Mr. Phillips were appointed to defend and support 
his appeal. — 1823, p. 72. 

b. The Assembly took up the complaint against the Synod of Virginia 



OF APPEALS. 733 

by the Rev. Samuel Houston and Rev. Samuel B. Wilson, reported 
by the Judicial Committee. The complainants did not appear, but a 
written communication, containing the reasons of their complaint, was laid 
before the Assembly. At the request of the complainants, Mr. Weed 
was appointed to manage their cause in their absence. — 1827, p. 210. 

4. In the failure of complainant to appear and prosecute, the 
complaint dismissed and defendant sustained. 

The Judicial Committee report the complaint of E. N. Sawyer and 
others against the decision of the Synod of Chicago, in the case of O. M. 
Hoagland, as being fallen from by the failure of the complainants to 
appear and prosecute their complaint. They, therefore, recommend that 
the complaint be dismissed, and that Mr. Hoagland be considered as 
entitled to all Ins former rights and privileges in the church of Hope- 
well.— 1858, p. 276, O. S. 

5. Case continued on satisfactory reasons given. 

a. The Judicial Committee reported an appeal by Mr. James Taylor, 
from a decision of the Synod of Pittsburgh, and that the communication of 
Mr. Taylor gave information that by reason of ill-health he was unable 
to attend to prosecute his appeal before the present Assembly. 

Resolved, That Mr. Taylor have leave to prosecute his appeal before 
the next General Assembly. — 1827, p. 211. 

b. A complaint of William M. Lively against a decision of the Synod 
of New York. Mr. Lively being unable, through sickness in his family, 
to attend at this time and prosecute his complaint, the Committee recom- 
mend that, agreeably to his request, his complaint be referred to the next 
General Assembly. This report was adopted. — 1851, p. 19, O. S. 

C. An appeal of Rev. M. Davis, from a decision of the Synod of 
Memphis, deposing him from the office of the holy ministry. The 
appellant being unable, by reason of ill health, to attend the sessions of 
the present Assembly, and desiring, in consequence, the continuance of 
his cause until the next General Assembly. The report was adopted. — 
1851, p. 19, O. S. 

6. Dismissed as not lodged in time. 

a. The Committee report that the complaint of George P. Strong and 
others, against the Presbytery of St. Louis, was not put into the hands 
of the Clerk of the Assembly until the third day of its business, it is 
therefore barred by the rule. 

It was dismissed.— 1863, p. 23, O. S. 

b. Also complaint of Dr. Alfred Nevin, against the Synod of Phila- 
delphia. The complaint did not come into the hands of the Moderator 
of this Assembly until Monday, the fourth day of the sessions. It is 
therefore barred bv the rule. 

Dismissed.— 1863, p. 24, O. S. 

C. The Judicial Committee reported an appeal and complaint of Rev. 
Dr. John W. Martin, against the action of the Presbytery of Allegheny 
City, for alleged irregularity in dissolving a pastoral relation. Also an 
appeal and complaint of Dr. Martin, against the Synod of Allegheny, 
in reference to its approval of the minutes of the Presbytery alleged to 
be defective. Also an appeal from the Synod of Southern Iowa, in the 
case of Robert Fulton, with the statement, in each of these cases, that 
the papers were not placed in the hands of the Assembly within the 



734 BOOK OF DISCIPLINE, SECT. 97. 

constitutional time ; and, therefore, they recommended, that the appellants 
have leave to withdraw the papers. 

The report was adopted. — 1870, p. 106. 

d. The Permanent Clerk reported that a complaint had been put into 
his hands this morning, the ninth day of the session, from Mr. James 
Dickinson, a ruling elder in the church of Ripley, in the Presbytery of 
Buffalo. 

Resolved, That inasmuch as this complaint was not presented within 
the constitutional time, the Assembly do not receive it. — 1834, p. 429; 
see also 1837, p. 480. 

e. A complaint of Erwin Wheeler and A. Hallstraft, against the 
Presbytery of Des Moines, in the case of the Rev. Fisk Harmon. The 
papers in this case were not presented until the fourth day of the sessions 
of the Assembly, and they are also imperfect. The Committee recom- 
mend that the parties have leave to withdraw their papers. The recom- 
mendation was adopted. — 1872, p. 51. 

f. Case of Robert Byers vs. the Synod of Illinois South. 

The papers in this case did not come into the hands of the Committee 
until the fourth day of the session, and after parties interested in it had 
left, having been told that no such papers had come before us within the 
time prescribed by the book, and we report no action in the case. 
Adopted.— 1873, p. 509. 

[Note. — See also under " Complaints," Sec. lxxxiv, p. 715.] 

7. Right to appeal lost by default of the appellant. 

a. An appeal of John F. Severance from, and complaint of, a decision 
of the Synod of Cleveland at their last meeting, at St. Clairsville, O. 
As the matter involved was adjudicated more than two years ago, and 
the complainant suffered his right of appeal to be lost by default, and 
cannot now reclaim it, and as he also failed to appear and prosecute his 
case, as required by Chap, vii, Sec. iii. Art. xi, of the Book of Disci- 
pline (Old), for which failure he has made no apology and given no 
reasons, the Committee recommended that the case be dismissed. Ap- 
proved.— 1879, p. 589. 

b. Whereas, in Judicial Case No. 4, as reported by the Judicial 
Committee of 1878, and referred, by consent of parties, to this Assem- 
bly, being an appeal of Mrs. Anna B. Harris from a decision of the 
Synod of Missouri, no steps have been taken by the appellant to prose- 
cute the appeal before this Assembly ; therefore, 

Resolved, That the case be dismissed. — 1879, p. 618. 

8. The appellant must furnish the necessary documents. 

a. The Judicial Committee reported that they had had under their 
consideration papers marked "Benjamin Bell's Appeal," which purports 
to be an appeal from a decision of the Synod of Geneva; but there has 
been laid before the Committee no copy of the decision appealed from, 
no appeal, nor reasons of the appeal, nor indeed anything but Mr. Bell's 
plea, intended by him to be laid before the Assembly ; wherefore the 
Committee requested to be discharged from further consideration of this 
case. 

The request of the Committee was granted, and they were accordingly 
discharged. — 1822, p. 45. 

b. The Judicial Committee reported that they had before them an 



OF APPEALS. 735 

appeal of Mr. Benjamin Bell, and requested that they be discharged 
from any further consideration of this appeal, inasmuch as Mr. Bell has 
presented no documents but his plea, and no notice of this appeal is to 
be found on the records of the Synod of Geneva; and their request was 
granted.— 1823, p. 87. 

9. Deferred in the absence of necessary documents. 

Mr. Bourne's petition states a decision to have passed against him in 
the Lexington Presbytery, which by a supplementary paper, he says, 
was on the 27th of December last, and contained a sentence of deposi- 
tion, from which, on the next day, he gave notice to the Presbytery that 
he claimed an appeal to the General Assembly. By his affidavit, taken 
before an alderman of this city, he further declares, that he, by the 
permission of the Presbytery, transcribed the minutes of their proceed- 
ings; that he afterward wrote in form what he denominates an appeal 
(meaning, it is presumed, his causes of appeal), and transmitted it to 
the Clerk of the Presbytery with a demand of the copy of the records, 
and of that paper; but that he had received a letter from the Clerk 
refusing to remove them from the post-office. By his petition, he asks 
to prosecute his cause before the Assembly, without having first 
brought his case before the Synod of Virginia; and that if such 
hearing cannot be granted him at present, that the Assembly will assign 
him a day. Whereupon, 

Resolved, 1. That inasmuch as the records of the Lexington Presby- 
tery, the names of the parties to the suit, the charges made before them 
in writing against Mr. Bourne, the depositions of the witnesses, and other 
written documents, are not before the Assembly ; and as every principle 
of equity forbids a process in the absence of documents so essential to 
its being rightly conducted — prayer for a hearing at this time cannot be 
granted.— 1816, p. 626. 

[Note.— The appeal was taken up and issued. — 1817, pp. 644, 646.] 

10. Where the appeal was in the house in season, the rule is 
virtually complied with. 

The Chairman of the Judicial Committee stated to the Assembly that an 
appeal had been put into his hands from Duncan Hamilton and his wife, 
from a decision of the Synod of Pittsburgh, which appeal had not been 
reported to the Clerk of the house, and asked the direction of the 
Assembly in the case. On inquiry, it appeared this appeal was in the 
house in season; aad the persons to whom it was entrusted were not 
aware of the constitutional rule requiring that it be lodged with the 
Clerk. 

Resolved, That, in the opinion of the Assembly, the rule has virtually 
been complied with. — 1830, p. 302. 

11. The rule interpreted liberally where due diligence has been used. 

That, in examining the papers and records in the matter so referred, 
your Committee find as follows: 

1. That although, in bringing the case before the General Assembly, 
there are some mistakes and omissions in the required forms of procedure, 
such has been the good faith and diligence of the complainant and such 
would be the manifest and irretrievable injury he must experience if his 
complaint be dismissed, that your Committee believe that, according to 
the spirit of our Book of Discipline (Old), the complaint is properly 



736 BOOK OF DISCIPLINE, SECT. 97. 

before this body. That, in proof of the good faith and diligence of the 
complainant, it appears, that he was advised, by one of the oldest mem- 
bers of the Synod, to lodge his complaint in the hands of the Stated 
Clerk; that, according to the certifying of the Stated Clerk, the com- 
plaint was directed to him within the time prescribed by the Book of 
Discipline ; and that the Stated Clerk of the Synod, when receiving the 
notice, believing it to be properly directed, neither informed the Modera- 
tor of it, nor advised Mr. Todd of any mistake in its direction; but 
informed other members of the Synod of the complaint, and finally put 
all the documents into the hands of the commission to this Assembly, to 
place them in due form before it. Your Committee are also assured, that 
Mr. Todd wrote to the Stated Clerk, two or three days previous to the 
opening of the Assembly, earnestly requesting that the papers might not 
fail of coming before the Assembly; and, also, that he expressed the 
desire that, if his presence were necessary, he might be notified of it by 
telegram.— 1863, p. 278, N. S. 

12. In the absence of records through the non-attendance of the 

commissioner, the appeal received and referred. 

The appeal of Rev. C. J. Abbott against the action of the Synod of 
Missouri. The Committee reported as follows: 

The Committee are verbally informed, that this case originated in the 
Presbytery of St. Louis, upon charges preferred by common fame 
against the appellant. The charges were sustained in the Presbytery, 
and on appeal to the Synod were also sustained by the Synod of Missouri. 

The Committee were also verbally informed, that an appeal was taken 
from the action of the Synod, which in due course ought to have been 
presented to the last Assembly ; that the record was forwarded to the 
city of Philadelphia, but in consequence of the absence from that body 
of the commissioner to whose care the record was committed, it failed to 
be presented ; and the appellant now asks that his appeal may be entered, 
and that it be referred to the next General Assembly for trial. Adopted. 
—1862, p. 608, O. S. 

13. Where the appeal failed to be lodged in due time through 

mistake of the appellant, it was entered and referred. 

The appeal of Rev. John Turbitt from the decision of the Synod of 
Illinois, by which the action of the Presbytery of Peoria, in deposing 
the appellant, was affirmed. 

The Committee reported as follows: 

This appeal appears to have been regularly taken, but was not lodged 
with the Clerk of this Assembly before the close of the second day's 
sessions (see Discipline [Old], Chap, vii, Sec. iii, Sub-sec. vii). The 
Committee have reason to believe that the appellant was under the 
impression that the present meeting of this Assembly was to be at Day- 
ton, in this State, and by forwarding his papers to that place they were 
delayed, so that they were not received here until after the end of the 
fourth day's sessions. Under these circumstances, the Committee 
recommend that the appeal be docketed. And as it satisfactorily 
appears to the Committee that the appellant has been providentially hin- 
dered from attendance at this session, they further recommend that the 
case be deferred to the next Assembly for trial. 

The report and recommendation were adopted. — 1862, p. 611, 0. S. 



OF APPEALS. 737 

14. Where the case is continued at the request of the appellant, the 
sentence remains in full force until the case is issued. 

The Judicial Committee reported that a paper had been put into their 
hands, purporting to be a request from Mr. C. H. Baldwin, to the 
Moderator of the Assembly, that his appeal from a decision of the Synod 
of Genesee be continued to the next General Assembly, and offering 
reasons for his failure to appear and prosecute it. It appears from the 
Book of Discipline (Old), Chap, vii, Sec. iii, Art. xi, that his case is 
regularly before us for reference to the next General Assembly, if his 
excuse for now failing to appear shall be deemed sufficient. 

The Committee recommend that the Assembly, in view of the reasons 
offered, and out of a desire to grant the appellant every reasonable 
indulgence, continue his case agreeably to his request, it being under- 
stood that the sentence of the Presbytery remain in full force against him 
till the case be finally issued, in accordance with the provisions of our 
Book of Discipline (Old), Chap, vii, Sec. iii, Art. xv. 

The report was adopted.— 1858, p. 580, N. S. 

15. Dismissed in absence of appellant with privilege of renewal. 

a. The appeal of Dr. James Snodgrass against a decision of the Synod 
of Pittsburgh was called up, and the appeal was dismissed on the ground 
that the appellant has not appeared, either in person or by proxy, to 
prosecute said appeal. 

The Assembly, however, give to Dr. Snodgrass the privilege of prose- 
cuting his appeal before the next General Assembly, if he can then show 
sufficient cause for its further prosecution. — 1832, p. 376. 

b. In regard to a future prosecution of his appeal, the appellant must 
present his case, with reasons for previous failure, before the next Gen- 
eral Assembly, whose province it will then be to decide upon the whole 
subject.— 1850, p. 463, O. S. 

[Note.— Case of A. G. Fraser.] 

16. Where an appeal has been dismissed by error, the Assembly grant 
a restoration when satisfied of the error. 

The consideration of the report of the Committee to which had been 
referred the Rev. T. B. Craighead's letter was resumed, and the report 
was adopted, and is as follows, viz. : 

In the year 1811, an appeal from a decision of the Synod of Ken- 
tucky, by T. B. Craighead, accompanied by a letter from the same, was 
laid before the General Assembly. But Mr. Craighead not appearing iu 
person to prosecute his appeal, permission was given by the Assembly, 
od the last day of their sessions, to the members of the Synod of Ken- 
tucky, who were present, to enter a protest against the prosecution of 
the aforesaid appeal, at any future time. This was supposed to be 
required by a standing rule of the Assembly. The appeal of Mr. 
Craighead was therefore not heard, and the sentence of the Synod of 
Kentucky was rendered final. 

It moreover appears, that the General Assembly of the year aforesaid, 
having adopted the protest of the members of the Synod of Kentucky as 
their own act, did declare that Mr. Craighead had been deposed, whereas 
the decision of the Synod was suspension ; and, although the Synod did 
direct the Presbytery to which Mr. Craighead belonged to depose him, 
if he did not, at their next stated meeting, retract his errors, vet this 
47 



738 BOOK OF DISCIPLINE, SECT. 97-98. 

sentence could not have been constitutionally inflicted, because Mr. 
Craighead appealed from the decision of Synod, the effect of which was 
to arrest all further proceedings in the case, until the appeal should be 
tried; therefore the sentence of the Assembly declaring Mr. Craighead 
deposed does not accord with the sentence of the Synod, which was 
suspension. 

From the above history of facts, your Committee, while they entirely 
dissent from many of the opinions contained in Mr. Craighead's letter, 
and consider its publication before it was presented to the Assembly 
indecorous and improper, are of opinion, that he has just ground of com- 
plaint in regard to the proceedings of the General Assembly of 1811 in his 
case, and that the construction put on the standing rule of the Assem- 
bly was not correct ; for personal attendance on the superior judicatory is 
not essential to the regular prosecution of an appeal. Moreover, the 
sentence of the Assembly, being founded in error, ought to be consid- 
ered null and void, and Mr. Craighead ought to be considered as placed 
in the same situation as before the decision took place, and as possessing 
the right to prosecute his appeal before this judicatory. 

Ordered that the Stated Clerk forward to Mr. Craighead a copy of 
the foregoing minute. — 1822, p. 52. 

17. The original rule as to abandonment of an appeal. 
On motion Resolved, That in case of an appeal or complaint entered 
in an inferior judicatory to a superior, if the appellant or appellants do 
not appear at the first meeting of the superior judicatory, protest may be 
admitted, at the instance of the respondents, at the last session of such 
meeting, that the appeal is fallen from, and the sentence so appealed 
from shall be considered as final. — 1791, p. 39; see 1791, p. 45. 

Examples of the operation of the rule. 

a. The Committee to which was referred the letter and appeal of the 
Rev. Thomas B. Craighead reported that, after having carefully 
attended to the duty assigned them, they did not discover any sufficient 
reason why he has not come forward to prosecute his appeal before the 
Assembly, nor why his case should not now be brought to issue ; and 
therefore recommend that the representation from the Synod of Kentucky 
be permitted, if so disposed, to enter their protest in proper time against 
a future prosecution of his appeal, and thus give effect to a standing 
order of the General Assembly, that the sentence of the Synod be con- 
sidered as final. 

Resolved, That the foregoing report be accepted, and that Mr. Craig- 
head be furnished with an attested copy of this decision in his case. 

The members of the Synod of Kentucky brought forward their protest, 
which being read, was accepted, and is as follows : 

The Rev. Thomas B. Craighead having appealed to the General 
Assembly from a decision of the Synod of Kentucky, made in the month 
of October last, by which decision the said Synod directed the Presbytery 
of Transylvania to depose the said Thomas B. Craighead from the Gos- 
pel ministry, which was done accordingly, and whereas the said Mr. 
Craighead has not prosecuted his appeal to the General Assembly, and 
the subscribers, members of the Synod of Kentucky, have waited till 
the last day of the sessions of the Assembly, to afford opportunity for 
the prosecution of said appeal; we do, therefore, now protest in our own 



OF APPEALS. 739 

name, and on behalf or the Synod of Kentucky, against the future prose- 
cution of said appeal, and declare the sentence of the Synod final, agree- 
ably to a standing order of the General Assembly. Adopted. — 1811, 
p. 481. 

b. From the records of the Synod of Kentucky, it appeared that 
Guernsey G. Brown had appealed from a decision of that body in his 
case to the General Assembly. As Mr. Brown has not appeared to pros- 
ecute his appeal, and the commissioners from the Synod of Kentucky 
required that his absence may, according to a rule of the Assembly on 
the subject, preclude him from a future hearing ; therefore, 

Resolved, That Guernsey G. Brown be considered as precluded from 
prosecuting his appeal. — 1821, p. 30. 

C. The appeal of Benedict Hobbs from a decision of the Synod of 
Kentucky was taken up, and the appellant not being present to prosecute 
his appeal, it was dismissed, and the sentence of the inferior court 
affirmed.— 1834, p. 452. 

d. The appeal of Chloe G. Giles, from a decision of the Synod 
of Utica, was taken up, and the appellant not being present to prosecute 
her appeal, it was dismissed, and the sentence of the inferior court 
affirmed.— 1834, p. 452. 

e. An appeal of Mr. Thomas Davis from a decision of the Synod of 
Memphis. The Committee recommended the following action in this 
case, viz. : 

Whereas, Mr. Thomas Davis has failed to appear before this Assembly 
to prosecute his appeal from the Synod of Memphis ; therefore, 

Resolved, In accordance with the rule of the Book of Discipline 
(Old), in this case provided, that his appeal be dismissed from the 
further attention of this body.— 1852, p. 212, O. S. 

XCVIII. Neither the appellant, nor the members of the judicatory 
appealed from, shall sit, deliberate, or vote in the case. 

1. The Moderator, being a member of the judicatory appealed 
from, will not sit. 

a. Resolved, That no minister belonging to the Synod of Philadelphia, 
nor elder who was a member of the judicature when the vote appealed 
from took place, shall vote in the decision thereof by this Assembly. 

The Moderator, being a member of the Synod of Philadelphia, with- 
drew, and Dr. McKnight took the chair. — 1792, p. 56. 

b. The appeal of Mr. Pope Bushnell was resumed. The Moderator 
being a member of the Synod appealed from, Mr. Jennings, the last 
Moderator present, took the chair. — 1826, p. 184. 

C. Judicial Case No. 1 was taken up. The Moderator being a party 
in the case, vacated the chair, and on motion, Dr. Krebs was requested 
to act as Moderator during the trial of the case. — 1866, p. 48, O. S. 

d. The Moderator, on the ground of his being a member of the Synod 
complained of, voluntarily relinquished the chair, while this case should 
be pending. —1852, p. 164, N. S. 

2. An interested party should not sit on a trial. 

The records of the Synod of Genesee were approved, with the follow- 
ing exception: Of a decision of the Moderator, recorded on p. 151, that 
a member of a Synod, who might be interested in a case under trial, 



740 BOOK OF DISCIPLINE, SECT. 98-99. 

cannot be challenged; which decision is unconstitutional, and ought to 
be reversed by that Synod. —1846, p. 20, N. S. 

3. Members of the judicatory appealed from may not vote. 

a. The Synod of Mississippi acted unconstitutionally in permitting 
the Presbytery of Louisiana to vote on the adoption of the report of 
the Judicial Committee on the complaint of Rev. Mr. Smylie. — 1850, 
p. 481, O. S. 

b. The action of the Synod of Harrisburg in the complaint of Ebene- 
zer Erskine declared irregular and unconstitutional, inter alia, " 3. 
Because the Presbytery of Carlisle was allowed to vote in the case, 
contrary to the Book of Discipline (Old), Chap, vii, Sec. iv, Sub -sec. 
vii."-1874, p. 74. 

C. The Judicial Commission presented its finding in the judicial case 
of Lee vs. the Synod of Missouri, and the same was ordered to be entered 
on the record. The report is as follows: 

The Judicial Commission, to which was referred the appeal of the 
Rev. William J. Lee, D.D., by his counsel, Hon. Selden P. Spencer, 
from the action of the Synod of Missouri, in refusing to entertain the 
appeal from the judgment of the Presbytery of St. Louis, beg leave to 
report : 

That without entering upon the merits of the case as determined by 
the Synod, we sustain the appeal upon grounds of irregularities in the 
mode of procedure ; first, in that the members of the Presbytery of St. 
Louis were permitted to vote on the question of an appeal from their 
own judgment, and, second, in that no reason is assigned for refusing to 
entertain the appeal ; and the case is hereby remanded to the Synod of 
Missouri, with an injunction that the question of entertaining the appeal 
from the judgment of the Presbytery of St. Louis be reconsidered and 
acted upon in a regular and constitutional manner. — 1897, p. 95. 

[Note.— Applies also to " Complaints," Sec. xc, p. 719.] 

4. Members of a judicatory appealed from may speak on 

postponement. 

Appeal and complaint of R. S. Finley, etc., against the Synod of 
New Jersey. 

A motion was made by James Hoge to postpone the trial of this cause to 
the next General Assembly. 

This motion was discussed at length, the Moderator deciding, in the 
course of the discussion, that the members of the Synod of New Jersey 
might speak on such a motion. — 1858, p. 291, O. S. 

5. An elder belonging to the judicatory appealed from, though not 
a member of the judicatory when the case was issued, may not 
sit. 

A question was raised by Mr. Cunningham, an elder from the Synod 
of Philadelphia, who was not a member of Synod at the meetiDcr at 
which the case of Mr. Barnes was tried and issued, whether he has a 
right to vote in this case in the Assembly. After some discussion, the 
Moderator decided that Mr. Cunningham, and any other members of 
the Assembly from that Synod similarly situated, have a right to vote in 
the Assembly. From this decision of the Moderator an appeal was taken, 
when, by a vote of the Assembly, the decision of the Moderator was 
not sustained, and it was decided that Mr. Cunningham, and others 



OF APPEALS. 741 

similarly situated, have no right to vote on the case in the Assembly. — 
1836, reprint, p. 524. 

6. Ministers who have been dismissed to other bodies before the 
action complained of are not excluded. 

A motion was made that Dr. Skinner and Mr. Dashiell, who, at the 
time the trial was commenced in the Second Presbytery of Philadelphia, 
were either not dismissed from that body, or had not yet connected them- 
selves with any other, though they did not meet with the Presbytery, and 
before the meeting of Synod were members of other Presbyteries, 
should not sit in judgment in the case of Mr. Barnes. This motion was 
decided in the negative. — 1836, reprint, p. 524. 

7. A case is remanded where members of the judicatory appealed 
from act in their own case. 

Cases of Mr. Jefferson Ramsey and Rev. Andrew B. Cross vs. the Synod 
of Baltimore. 

The persons named appeal from a decision of the Synod, by which a 
complaint of Mr. Ramsey against the Presbytery of New Castle, and 
one of Mr. Cross against the Presbytery of Baltimore, were dismissed as 
having no ground, on report of the Judicial Committee of the Synod. 

Your Committee learn from the records of the Synod that one clergy- 
man and one layman respectively from each of these Presbyteries were 
members of the Judicial Committee; that the Moderator of the Synod 
was a member of the Presbytery of New Castle, and the Moderator, pro 
tern. , who was in the chair at the time of the action complained of, was a 
member of the Presbytery of Baltimore ; that the case was not stated in 
any form to the Synod, but when the Judicial Committee reported, in 
each case, that there was no ground of complaint, their report was adopted 
under the call for the previous question. From all these facts, the Com- 
mittee are of opinion that the cases should be readjudicated by the Synod 
of Baltimore, and so recommend to the Assembly. Adopted. — 1873, 
p. 508. 

XCIX. When due notice of an Appeal has been given, and the 
Appeal and the specifications of the errors alleged have been filed in due 
time, the Appeal shall be considered in order. The judgment, the notice 
of Appeal, the Appeal, and the specifications of the errors alleged, shall be 
read ; and the judicatory may then determine, after hearing the parties, 
whether the Appeal shall be entertained. If it be entertained, the fol- 
lowing order shall be observed : 

(1) The record in the case, from the beginning, shall be read, except 
what may be omitted by consent. 

(2) The parties shall be heard, the appellant opening and closing. 

(3) Opportunity shall be given to the members of the judicatory 
appealed from to be heard. 

(4) Opportunity shall be given to the members of the superior judica- 
tory to be heard. 

(5) The vote shall then be separately taken, without debate, on each 
specification of error alleged, the question being taken in the form: 
"Shall the specification of error be sustained?" If no one of the 



742 BOOK OF DISCIPLINE, SECT. 99. 

specifications be sustained, and no error be found by the judicatory in 
the record, the judgment of the inferior judicatory shall be affirmed. 
If one or more errors be found, the judicatory shall determine, whether 
the judgment of the inferior judicatory shall be reversed or modified, 
or the case remanded for a new trial; and the judgment, 
accompanied by a recital of the error or errors found, shal] be entered 
on the record. If the judicatory deem it wise, an explanatory minute 
may be adopted which shall be a part of the record of the case. 

[Note.— Sec. lxxxvii provides that " in cases of complaint involving a judicial 
decision, proceedings in an appellate judicatory shall be had in the order and as 
provided in Sec. xcix, Chap, iv, entitled "Of Appeals." 

For decisions as to due notice of appeal, and the filing of the appeal and specifica- 
tions in due time, see under Sec. xcvi, p. 729; alsounderSec. lxxxiv, " OfComplaints," 
p. 714. 

Under the former Book it was held by many that when an appeal or complaint was 
"found to be in order" it must necessarily be tried. The Assembly of 1874, p. 74. 
decided "that the action of the Synod of Harrisburg in dismissing without trial the 
complaint of the Rev. Ebenezer Erskine against the Presbytery of Carlisle, is hereby 
declared irregular and unconstitutional, for the following reasons: 1. Because the 
Synod dismissed the case without trial, after having admitted that the papers were in 
order." 

On the other hand, appeals and complaints found to be in order have been dis- 
missed for reasons assigned, e. g., case of Mr. Smylie, 1*47, O. S., p. 385 ; below. Sec. 
xcix, 3, 1874, p. 62; because the decision of another case covered the one presented. 

1878, p. 117. The complaint of the Rev. Drs. N. West and Thomas H. Skinner 
against the Synod of Cincinnati : The papers are found in order, and an order of trial 
adopted. But, p. 118, leave was given the complainants to withdraw their com- 
plaints, "the ground of said complaint having been virtually covered by the report 
of the Committee on the Records of the Synod of ( 'iucimiati." See this Digest, p. 707. 

1881, p. 586. Complaint of the Rev. Arthur Crosby vs. the Synod of Long Island. 
The Committee (Judicial) find the papers in order, but recommend that the complaint 
be dismissed, for reasons assigned. See this Digest, pp. 702-703. 

Under the present rule the judicatory, after hearing the parties, may determine 
whether the appeal shall be entertained.— M.] 

XCIX. When due notice of an Appeal has been given, and the 

Appeal and the specifications of the errors alleged have been filed in due 

time, the Appeal shall be considered in' order. The judgment, the 

notice of Appeal, the Appeal, and the specifications of the errors 

alleged, shall be read; and the judicatory may then determine, after 

hearing the parties, whether the Appeal shall be entertained. 

[Note.— For convenience, the principal parts of Sec. xcix are printed separately. 
The entire Section is given above on p. 741.] 

I. INITIATION OF PROCEEDINGS. 

1. The appeal or complaint is transmitted to the Judicial Committee. 

All complaints and appeals shall be transmitted by the Stated Clerk to 
the Judicial Committee. — Standing Order No. 7, 1897, p. 263. 

2. The Judicial Committee and its duties. 

In all cases before a judicatory, where there is an accuser or prosecu- 
tor, it is expedient that there be a Committee of the judicatory appointed 
(provided the number of members be sufficient to admit it without 
inconvenience), who shall be called the " Judicial Committee," and 
whose duty it shall be to digest and arrange all the papers, and to 
prescribe, under the direction of the judicatory, the whole order of pro- 
ceedings. The members of this Committee shall be entitled, notwith- 
standing their performance of this duty, to sit and vote in the cause as- 



OF APPEALS. 743 

members of the judicatory. — Rules for Judicatories, No. 41, p. 269,, 
this Digest. 

3. In the absence of records, the decision of the appeal should -be 
suspended. Parol evidence will not supply the place of the 
records. 

In the case of Samuel Lowrey (see 1823, p. 92) it appeared on 
inquiry that neither the records of the Synod of Ohio nor the records of 
the Presbytery of Miami were brought to the Assembly; but as the 
delegates belonging to the Synod admitted it to be a fact, as stated in Mr. 
Lowrey' s appeal, that the Presbytery of Miami did appoint a special 
session, composed of elders belonging to different congregations, for the 
purpose of trying Mr. Lowrey, and that the decision of such a special 
session was affirmed by the Synod of Ohio ; therefore, 

Resolved, That the appeal of Mr. Lowrey be sustained, and it hereby 
is sustained. — 1823, p. 92. 

Against this decision the Synod of Ohio memorialized the Assembly, 
and the Assembly inter alia declare : 

This Assembly are of opinion that the correct mode of proceeding for 
the last General Assembly, would have been, to have suspended a 
decision on the appeal, until the records of the inferior judicatories should 
have been present, because the rules in our Form of Government 
prescribe, that before a judgment is given, all the proceedings of the 
inferior judicatories in the case should be read and it is a sound 
maxim, generally admitted in courts of justice, that the best 
evidence which the case admits of should be required, which, in all trials, 
is undoubtedly the record of the judicatory. But while they entertain 
this opinion of the mode of proceeding, they believe that the decision of 
the last General Assembly was substantially correct, and was not differ- 
ent from what it would have been if they had had all the proceedings of 
the inferior judicatories before them ; for the fact on which they founded 
their judgment has been fully confirmed to this Assembly, by the records 
which have been read in the discussion of the case. — 1824, p. 115. 

[Note. — See under Book of Discipline, Sec. xcii, p. 719.] 

4. The appeal (or complaint) found in order. 

a. The Judicial Committee presented its report in the case of The 
Presbyterian Church in the U. S. A. vs. Rev. Charles A. Briggs, which 
was accepted, as follows : 

The Judicial Committee respectfully reports that it has carefully con- 
sidered the documents submitted to it in this case, and adopted the follow- 
ing resolutions: 

1. That, in the opinion of this Committee, the appeal taken by the 
Presbyterian Church in the United States of America, an original party 
represented by the '■ Committee of Prosecution," appointed under 
Section xi of the Book of Discipline, has been taken from the final judg- 
ment of the Presbytery in dismissing the case ; and that the said Com- 
mittee had the right to take this appeal representing the said original 
party. 

2. That it finds that the notice of the appeal has been given, and that 
the appeal, specifications of error, and record have been filed in accord- 
ance with Sections xcvi and xcvii of the Book of Discipline, and the 
appeal is in order. 



744 BOOK OF DISCIPLINE, SECT. 99. 

3. That in the judgment of the Committee, the appeal should be 
entertained, and a time set apart for the hearing of the case. 

In view of these considerations, the Committee reports that the appeal 
is in order, and that the General Assembly should proceed in accordance 
with the provisions of Section xcix of the Book of Discipline, by caus- 
ing the judgment appealed from, the notice of appeal, the appeal, and 
the specifications of the errors alleged, to be read; then to hear the appel- 
lant by the Committee of Prosecution; then the defendant in person, or by 
his counsel; then the appellant by the Committee of Prosecution in 
reply, upon the question " whether the appeal shall be entertained ?" — 
1892, p. 90. 

So much of this report as relates to the appeal being found to be in 
order, was adopted. — 1892, p. 118. 

b. The Judicial Committee presented a report in the case of the Pres- 
byterian Church in the U. S. A. vs. the Rev. Charles A. Briggs, D.D., 
being Judicial Case No. 1. It was 

Resolved, That the General Assembly finds that due notice of appeal 
in this case has been given, and that the appeal and the specifications of 
the errors alleged have been filed in due time, and that the appeal is in 
order in accordance with the provisions of the Book of Discipline. 
Adopted.— 1893, p. 70. 

C. The Judicial Committee, in the matter of Judicial Case No. 1, 
begs leave to report: 

In the case of the Presbyterian Church in the United States of 
America against Rev. Henry Preserved Smith, D.D,, being the appeal 
to the General Assembly from the decision, action and judgment of the 
Synod of Ohio, rendered October 13, 1893, we have examined the papers 
and conferred with the parties. 

We find that the appellant is Rev. Henry Preserved Smith, D.D., 
and as such appellant he has the right to appeal to the General Assembly, 
the case being one of that nature in which the appeal may be taken to 
the highest court of the Church, and we find that the Committee to con- 
duct the prosecution appointed by the Presbytery of Cincinnati, in which 
Presbytery the case arose, has the right to conduct the prosecution, and 
hence to appear for the Presbyterian Church, the appellee in this court. 

The notice of appeal has been timely and duly given, and the appeal 
and specifications of error alleged and the record in the case filed, all in 
accordance with the provisions in the Book of Discipline, and said 
appeal is found to be in order. 

In our conference with both parties it has been agreed by both parties 
respectively, that the reading of the record in the case be omitted and 
waived, except such parts thereof as either party may deem necessary to 
read in person, and also that their respective arguments on the entertain- 
ment of the appeal be omitted. The Committee, therefore, recommends 
that the appeal be entertained. Any discussion on the question whether 
the appeal should be entertained will require the opening of the whole 
case, which would require somewhat of a repetition of the trial proper. 
The parties having agreed to waive, being heard on that question before 
the Assembly, it is understood that the parties shall be at liberty to 
argue the whole case on the merits of the question of sustaining the 
appeal, which would include, naturally, any questions, not purely formal 
or technical, which would arise on the question of entertaining the 
appeal. This waiver by the parties of their right to be heard orally 



OF APPEALS. 745 

before the Assembly on that first question, is all to this end, that by the 
Assembly deciding at once to entertain the appeal, time may be saved, 
a double presentation of the same statement of the merits avoided, and 
no party be prejudiced or lose any right, by going at once to the merits 
of the main questions involved. The recommendation which we make 
as to time to be allowed to the parties is made after full consultation with 
the parties. The Committee, therefore, recommend the adoption of the 
following: 

Resolved, 1 . That the General Assembly finds that due notice of the 
appeal in the case has been given, and that the appeal and specification 
of the errors alleged have been filed in due time, and that the appeal is 
in order in accordance with the Book of Discipline. 

Resolved, 2. That after the judgment, notice of appeal, appeal and 
specifications of errors have been read, the Assembly shall, by its vote 
determine whether the appeal shall be entertained. 

Resolved, 3. That the General Assembly having first decided to enter- 
tain the appeal, the appellant shall have three hours to present his case, 
that the appellee be allowed four hours to present the case of the appel- 
lee, that the appellant have one hour to close, that one hour be given to 
the Synod of Ohio, the judicatory appealed from, due regard being had 
to the hearing of both sides alternately, that the roll be called to give the 
members of the Assembly an opportunity to be heard, not longer than 
three minutes each, no speaker to speak more than once unless the 
Assembly shall otherwise order, and that thereafter the vote shall be 
taken upon each specification of error alleged, the form of the question 
being: Shall this specification of error be sustained ? Adopted. — 1894, 
pp. 90, 91. 

5. The judgment, notice of appeal, etc., read. 

Case of Charles A. Briggs, D.D. : 

The judgment, the notice of appeal, the appeal, and the specifications 
of the errors alleged were read, as directed in the Book of Discipline, 
Sec. xcix, by the Stated Clerk.— 1892, p. 118. 

[Note— See also case of Dr. C. A. Briggs, 1893, p. 70; of Dr. H. P. Smith, 1894, 
p. 91 ; of Burt Estes Howard ; J. C. Salisbury ; and William P. Craig, 1896, p. 48 ; and 
of David R. Breed, D.D., 1896, p. 84.] 

6. The appeal entertained. 

Case of Dr. Charles A. Briggs: 

The Assembly determined, after hearing the judgment, the notice of 
appeal, the appeal, and the specifications of the errors alleged, that the 
appeal shall be entertained. — 1892, p. 119; 1893, p. 95. 

[Note— See also cases of Dr. H. P. Smith, 1894, p. 91 ; of Burt Estes Howard ; J. C. 
Salisbury; and W. P. Craig, 1896, p. 48 ; and of David R. Breed, D.D., 1896, p. 84.] 

IT. READING THE RECORD. 
If it be entertained, the following order shall be observed : 
XCIX. (1) The record in the case, from the beginning, shall be 
read, except what may be omitted by consent. 

1. Reading of the documents by consent dispensed with. 
a. The Assembly entered on the consideration of the two appeals of 
the Rev. Robert B. Dobbins, from the decision of the Synod of Ken- 



746 BOOK OF DISCIPLINE, SECT. 99 (1). 

tucky, in the cases of the Rev. William L. Maccalla, and the Session of 
the Church of Augusta. The Rev. Dr. E. S. Ely appeared in behalf 
of Mr. Dobbins. The parties were heard until they declared themselves 
satisfied (the facts having been admitted by them, and the reading of the 
documents by consent dispensed with). The roll was then called, that 
the members of the Assembly might express their opinions on the sub- 
ject; after which Drs. Wylie, M'Dowell and Leland were appointed a 
Committee to prepare a minute on the subject. — 1824, p. 120. 

b. On the questions of the reading of the record of the case, and as 
to what constituted said record, it was 

Resolved, That the record as certified by the Stated Clerk of the Pres- 
bytery of New York be read, or agreed to be considered as read by the 
appellant and the appellee, and that the parties be heard afterwards 
upon their objections to the record or any part of the same, as certified, 
without any waiver of their rights as to the said record being made, by 
their having consented to the record as certified, being read, or considered 
as read. It was also 

Resolved, That it is the judgment of the General Assembly that we 
cannot here correct the records of the Presbytery of New York in this 
case, and that having heard objections and contra-objections to these 
records, we refer the parties to the Presbytery of New York as the only 
body having the right and power to hear objections and make corrections; 
and that we accept the written records in this case ; and that the official 
stenographic report be considered part of the record. 

The Hon. Jason W. Strevell gave notice that in due time he would 
enter his protest against the above decision. 

The appellant and appellee consented to waive the reading of the 
record of the case, and agreed to submit said consent in writing to-mor- 
row morning.— 1892, pp. 119-120. 

[Note.— Case of Charles A. Briggs, D.D., 1892.] 

C. The Judicial Committee presented a report recommending the 
following order in the determination of the appeal, which has been 
entertained by the General Assembly, in Judicial Case No. 1. The 
report was adopted, and is as follows: 

Resolved, 1. That inasmuch as the reading of the record in the case 
has been, by consent of parties, omitted, except such parts thereof as 
they may deem necessary in presenting their respective arguments, the 
parties shall at once be heard, the appellant opening and closing the 
case, four hours and a half being allowed to the appellant and seven 
hours to the appellee. 

Resolved, 2. That the members of the judicatory appealed from, 
namely, the Presbytery of New York, shall then be heard, two hours 
being allowed for this purpose, and ten minutes being granted to each 
speaker, it being understood, however, that any member shall have the 
privilege of yielding his time to another member. 

Resolved, 3. That the members of the General Assembly shall then be 
heard for two hours, speakers to be limited to ten minutes, according to 
the standing rule. 
[Note. — This third resolution declared unconstitutional. Seep. 750.] 

Resolved, 4. That thereafter the vote shall be taken upon each specifi- 



OF APPEALS. 747 

cation of error alleged, the form of the question being, " Shall this 
specification of error be sustained ?" — 1893, p. 132. 

[Note. — Case of Charles A. Briggs, D.D., 1893. See, also, cases of Burt Estes How- 
ard and of J. C. Salisbury et aL, 1896, pp. 132, 133. Complaint of William P. Craig, 
1896, p. 152 ; complaint of David R. Breed, D.D., 1896, pp. 90, 91.] 

2. Certified copies distributed by consent. 

a. Appeal of the Rev. Isaac M. See from a decision of the Synod of 
New Jersey. This is in order. 

The papers are present in pamphlet form, certified by the Stated Clerk 
of the Synod to be correct, and accepted by the appellant. A copy of 
this pamphlet will be furnished to each member of the Assembly, and 
the Committee recommend that this distribution be in place of reading 
the records. Adopted.— 1878, p. 22. 

b. Appeal of the Rev. John Miller from a decision of the Synod of 
New Jersey. The whole proceedings of the Synod in the case are in 
print, certified by the Stated Clerk, and will be distributed among the 
members of the Assembly. 

The Committee recommend that this distribution be in place of the 
reading of the records, all parties having consented thereto ; that the 
order of procedure in the argument be as laid down in the Book, the 
appellant having the right to close, but not to introduce new matter ; 
and that the time allowed for argument by the parties do not exceed four 
hours, to be divided equally. Adopted. — 1878, p. 28; also pp. 32, 53. 

3. Matters foreign to the issue may by consent be omitted in the 

reading. 

a. Resolved, That in reading the minutes of Lexington Presbytery, 
the names of the voters in calling the yeas and nays be omitted, unless 
called for by one or other of the parties litigant; and that the proceed- 
ings of Presbytery, in reference to other matters foreign to the issue 
before us, be also omitted, unless called for specially by one of the 
parties.— 1848, p. 30, O. S. 

b. The Assembly then proceeded to take up the business, according 
to the recommendation of the Judicial Committee. After the usual 
admonition, read from the Book, to the members in their judicial capac- 
ity, the papers were read, according to the constitutional order; and 
after all the papers presented by the Committee had been read, a recess 
was taken for half an hour. 

After the recess, George Howe moved that the whole records of the 
Presbytery in relation to the case now before the Assembly be read. 

This motion was carried, and the minutes of the Presbytery of Eliza- 
bethtown were accordingly read, in everything pertaining to the case, 
until it was carried by appeal to Synod of New Jersey ; the Moderator 
deciding that any subsequent record should not be read. — 1858, p. 291, 
O. S. 

4. Documents not read may be used in pleading. 

In the appeal of Alexander Frazer, against the Synod of Buffalo, the 
course required in the Book for conducting appeals was then pursued ; 
and at the third stage of the proceedings, a question having arisen as to 
the reading of certain printed pamphlets as a part of the evidence, it was 

Resolved, That in the judgment of the Assembly it is not necessary to 
read the pamphlets in extenso, but counsel can make such use of them 
as they see fit in the course of their argument. — 1859, p. 542, O. S. 



748 BOOK OF DISCIPLINE, SECT. 99 (2-3). 

5. Reasons assigned by an appellant must be recorded. They must 
be couched in decent and respectful language. 

Overture from certain ministers and ruling elders, requesting the 
Assembly to decide whether the clause in the Book of Discipline (Old), 
Chap, vii, Sec. iii, Sub-sec. viii, " and which are on record," requires 
that these reasons are to be spread on the books of the minutes of the 
court appealed from, or whether they may be considered as on record 
when simply on file. And if said clause requires the reasons to be 
spread on the minutes, whether the judicatory has authority to require 
that the reasons be couched in decent and respectful language, and 
contain no offensive reflections or insinuations against the judicatory, as 
in the case of dissent and protest. 

Recommended that this Assembly decide, first, that the reasons must 
be spread on the minutes; second, that the question respecting the lan- 
guage be answered affirmatively. 

The recommendation was adopted. — 1862, p. 596, O. S. 

III. HEARING THE PARTIES. 
XCIX. (2) The parties shall be heard, the appellant opening and 
closing. 

1. Case remanded for new trial because the original parties 
had not been heard. 

Complaint and appeal of the Presbytery of Passaic against the Synod 
of New Jersey [not entertained as an appeal because not made by one 
of the original parties. See Discipline (Old), Chap, vii, Sec. iii, Sub- 
sec, xvii] continued as a complaint. 

Resolved, That the case be returned to the Synod for a new trial, if 
a new trial be required. 

1. Because it appears from the record of the Synod that the original 
parties in the case were never heard by them, the original parties, in the 
judgment of the Assembly, being Mr. William B. Guild and the Com- 
mittee prosecuting for common fame. — 1861, p. 344, O. S. 

2. Case issued and complaint sustained where no person appears 
on behalf of the respondent. 

The Assembly took up the complaint of the minority of the Synod of 
Kentucky, against a decision of the majority of said Synod, in the case 
of Mr. Benedict H. Hobbs. 

The decision complained of, the complaint and the proceedings of the 
several judicatories in the case were read. The complainants were then 
heard; no persons appeared on the part of the Synod. 

After due consideration, the following resolution was adopted, viz. : 

That the complaint be, and it is hereby sustained, aud the judgment 
of the Synod is reversed. — 1831, p. 342. 

3. Time limit for hearing. 

The parties shall be heard, the appellants opening and closing the case, 
four and a half hours being allowed to the appellants, and seven hours 
to the appellee.— 1893, p. 132. 

4. Case of Charles A. Briggs, D.D., 1892. 
George W. F. Birch, D.D., opened on behalf of the appellant, and 
was followed by the appellee, the Rev. Charles A. Briggs, D. D. , who 



OF APPEALS. 749 

continued his argument until he had finished. — 1892, p. 119, and p. 
126. 

The Rev. Joseph J. Lampe followed on behalf of the appellants. 
After he had concluded, Elder John J. McCook took the floor : and the 
appellants rested their case. — 1892, p. 140. 

5. Case of Charles A. Briggs, D.D., 1893. 

The Assembly proceeded to hear the parties. The Rev. George W. 
F. Birch, D. D. , Chairman of the Committee of Prosecution, opened on 
behalf of the appellants. — 1893, p. 84. 

The Rev. Charles A. Briggs, D.D., was then heard in response. — 
1893, pp. 84, 93. 

Elder John J. McCook continued his argument in behalf of the appel- 
lants until he had concluded. — 1893, p. 93. 

6. Case of Henry Preserved Smith, D.D., 1894. 

The Rev. Henry Preserved Smith, D.D., the appellant, addressed the 
Assembly in his own behalf. — 1894, pp. 91, 92. 

The Rev. William McKibben, D. D. , Chairman of the Committee of 
Prosecution, addressed the court in behalf of the appellee. — 1894, p. 92. 

The appellant, the Rev. Henry P. Smith, D.D., addressed the court 
in his closing argument. — 1894, p. 93. 

[Note. — See also cases of Burt Estes Howard, 1896, p. 132; of J. C. Salisbury et al., 
1896, p. 133 ; of David R. Breed, D.D., 1896, p. 85 ; and of William R. Craig, 1896, p. 152.] 

IV. HEARING MEMBERS OF THE JUDICATORY APPEALED FROM. 

XCIX. (3) Opportunity shall be given to the members of the judi- 
catory appealed from to be heard. 

1. Interpretation and application of Section xcix. 

a. On the question of the interpretation and application of Book of 
Discipline, Sec. xcix, 3, it was 

Resolved, That the members of the Presbytery of New York, present, 
whether they are commissioners or not, be heard. 

The members of the judicatory appealed from were heard. The Mod- 
erator decided that such of the members of the Presbytery of New York 
as are appellants had been heard. — 1892, p. 140. 

b. It was Resolved, That in the action taken by the General Assembly 
in the judicial case of the Rev. Charles A. Briggs, D.D., granting a 
hearing to members of the New York Presbytery, whether they were 
commissioners or not, this General Assembly did not intend to decide the 
constitutional point as to the right of all the members of an inferior 
judicatory to be heard, and the said action is not to be pleaded as a 
precedent on the one side or the other of this question of constitutional 
interpretation. — 1892, p. 151. 

C. The Moderator stated that Rule xxix of the Rules for Judicatories 
would be observed so far as possible, and the floor given alternately to 
the speakers on opposite sides of the question. — 1893, p. 94. 

d. Resolved, That the members of the judicatory appealed from, 
namely, the Presbytery of New York, shall then be heard, two hours 
being allowed for this purpose, and ten minutes being granted to each 
speaker; it being understood, however, that any member shall have the 
privilege of yielding his time to another member. — 1893, p. 132. 

Note.— Case of Charles A. Briggs, D.D.] 



750 BOOK OF DISCIPLINE, SECT. 99 (4-5). 

e. The members of the court appealed from, viz., the Synod of Ohio, 
were heard. — 1894, p. 93. 
[Note— Case of Henry P. Smith, D.D.] 

V. HEARING MEMBERS OF THE SUPERIOR JUDICATORY. 

XCIX. (4) Opportunity shall be given to the members of the supe- 
rior judicatory to be heard. 

1. Limitation of time of speakers. 

a. Resolved, 1. That after the parties in this case shall have been heard 
the speeches of the members of the judicatory appealed from be limited 
to five minutes each. 

Resolved, 2. That the same time limit be applied to the speeches of 
the members of the appellate judicatory, and that the time allowed for 
the speeches of members of the Assembly be confined to the period of 
one hour. 

Resolved, 3. That the Assembly proceed, immediately after the mem- 
bers of the appellate judicatory shall have been heard, to vote upon the 
charges and specifications now pending before us. — 1892, p. 139. 
[Note. — Case of Charles A. Briggs, D.D.] 

b. The members of the superior judicatory were heard. — 1892, p. 
140. 

2. Constitutional right to be heard cannot be destroyed, though 
time limit may be set. Speeches by roll-call. 

a. On the question as to the time to be allowed members of the 
Assembly, the Moderator decided that the court could not by a simple 
resolution destroy the constitutional right of any commissioner to be 
heard upon a judicial case, but that the court could limit the time for 
each speaker. It was then 

Resolved, That the roll of the members of the court be called, in 
order that " opportunity shall be given to the members of the superior 
judicatory to be heard." It was also 

Resolved, That the time of each member be limited to three minutes. 
The roll was then duly called, until it was concluded. — 1893, p. 139. 

[Note.— Case of Dr. Briggs.] 

b. The roll of the court was called, to give its members opportunity 
to express their opinions. The calling of the roll was continued .... 
until the names of all the members had been called. — 1894, pp. 94-96. 

[Note— Case of Dr. H. P. Smith.] 

VI. TAKING THE VOTE. 

XCIX. (5) The vote shall then be separately taken, without debate, 
on each specification of error alleged, the question being taken in the 
form: " Shall the specification of error be sustained ?" 
1. The final vote must be taken. 

Inasmuch as the Synod of Indiana did not take an express vote on 
sustaining the appeal of Mr. Harney, and the sentence on record is 
vague and inconsistent with itself, that the whole case be remitted to the 
said Synod, with an injunction to them to reconsider the case, and pass a 
definite, precise and just sentence. — 1837, p. 480. 



OF APPEALS. 751 

2. It is taken separately on each charge. 

The business left unfinished yesterday was resumed, viz., the trial of 
Mr. Bourne's appeal from the decision of the Presbytery of Lexington, 
by which Mr. Bourne was deposed from the Gospel ministry, and the 
following resolution was adopted, viz. : 

Resolved, That the appeal of Mr. Bourne be dismissed, and that the 
decision of the Presbytery of Lexington, declaring him deposed from 
the Gospel ministry, be and it is hereby confirmed, on the first, second, 
third, fifth and sixth charges. 

The vote was taken separately on each of these charges, and was 
declared in the affirmative. — 1818, p. 682. 

3. The final vote taken and the appeal sustained. 

a. The steps prescribed by the Book of Discipline, Chap, ix, Sec. 
xcix, Sub-sees. 1, 2, 3 and 4, having been taken, the Assembly pro- 
ceeded to vote, in accordance with Sub-sec. 5, upon the specifications of 
error, when it appeared : 

That Specifications 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the first ground of 
appeal were sustained; 

That Specifications 1 and 2 of the second ground of appeal w T ere 
sustained ; 

That Specification 1 of the third ground of appeal w r as sustained; 

That Specifications 1 and 2 of the fourth ground of appeal were 
sustained ; 

That Specifications 1, 2, 3 and 4 of the fifth ground of appeal were 
sustained; and 

That Specifications 1, 2, 3, 4, 5, 6 and 7 of the sixth ground of 
appeal were sustained. 

The question was then put, " Shall the appeal be sustained ?" Upon 
which the yeas and nays were ordered, and the vote was, to sustain as a 
w T hole, 307; to sustain in part, 124, and not to sustain, 87, or, to sustain 
the appeal, 431, not to sustain, 87. — 1892, pp. 140, 141. 

[Note. — Case of Dr. Briggs.] 

b. The vote was then taken on each specification of error alleged in 
the appeal in said Judicial Case No. 1, the question on each being, 
" Shall this specification of error be sustained ?" 

The result of the vote was as follows: 

Under the first ground of appeal, viz. Irregularity in the proceedings 
of said Presbytery of New York, Specifications 1, 2, 3, 4, 5, 6, 7, 8, 
9, 10, 11 and 12 were sustained. 

Under the second ground of appeal, viz. : Receiving improper testi- 
mony, Specifications 1, 2 and 3 were sustained. 

Under the third ground of appeal, viz. : Declining to receive impor- 
tant testimony, Specifications 1 and 2 were sustained. 

Under the fourth ground of appeal, viz. : Manifestation of prejudice 
in the conduct of the case, Specifications 1 and 5 were not sustained. 
Specifications 2, 3, 4 and 6 were sustained. 

Under the fifth ground of appeal, viz. : Mistake or injustice in the 
decision, Specifications 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 were sus- 
tained. 

The question was then put, " Shall the appeal be sustained ?" upon 
which the yeas and nays were called, and ordered to be recorded. The 



752 BOOK OF DISCIPLINE, SECT. 99 (5). 

vote was, to sustain as a whole, 295; to sustain in part, 84; not to sus- 
tain, 116, or, to sustain the appeal, 379; not to sustain, 116. — 1893, 
p. 140. 

[Note.— Case of Dr. Briggs.] 

C. The court proceeded to vote upon the specifications of err or alleged by 
the appellant, the question in each case being: " Shall the specification 
of error be sustained V 

The first ground of appeal was read, and the vote was taken thereon, 
and a division being called for, the result was announced as follows: 

To sustain, 62; not to sustain, 403. So the first specification of error 
was not sustained. 

Each of the other grounds of appeal was read, the vote upon each 
ground being taken separately, and the Moderator announced in each 
case that the specification of error was not sustained. 

All the specifications of error having been voted upon and not sus- 
tained, the roll was then called upon the question, ' ' Shall the appeal be 
sustained ?" and the yeas and nays were ordered to be recorded. — 1894, 
pp. 96, 97. 

[Note.— Case of Dr. H. P. Smith.] 

VII. CASE SUBMITTED TO A JUDICIAL COMMISSION. 

1. The Judicial Committee appointed such commission. 

The Judicial Committee reported on Judicial Cases Nos. 5, 6 and 7, 
as follows: 

Judicial Case No. 5. — The Presbyterian Church in the United States 
of America vs. Rev. Burt Estes Howard, being an appeal from the 
Synod of California. The Committee find that due notice of appeal has 
been given, that the specifications of the errors alleged have been filed 
in due time, and that the appeal should be entertained. The appellant 
and appellee consenting thereto, the Committee, in view of such consent 
already given, recommends that the case be submitted to a Judicial 
Commission to be appointed by this Assembly. 

Judicial Case No. 6.— The Presbyterian Church in the United States 
of America vs. Ruling Elders J. C. Salisbury et al., being an appeal from 
the Synod of California. The Committee makes the same report, find- 
ings and recommendations as in Case No. 5, wherein the appellant is the 
same as in this case, and the appellee is Burt Estes Howard. 

Judicial Case No. 7. — The complaint of the Rev. William P. Craig 
vs. the Synod of California. The Committee makes report that the same 
is in order, and by desire and consent of parties recommends that the 
same be submitted, along with Cases Nos. 5 and 6, to the Judicial Com- 
mission to be appointed to try the said causes. The recommendations 
were adopted, and by formal resolution the Judicial Committee was 
appointed the Judicial Commission to try Judicial Cases Nos. 5, 6 and 7. 
—1896, p. 48. 

2. Report of the Judicial Commission. 

The Judicial Committee, sitting as a Judicial Commission, reported on 
Judicial Cases Nos. 5 and 6, submitting three questions of constitutional 
law, viz,, 1, 2 and 3, which were answered in the affirmative, and are as 
follows:— 1896, p. 131. 

[Note. — See Book of Discipline, Sec. cxix.] 



OF APPEALS. 753 

3. Findings of the Judicial Commission. 

a. The Judicial Commission then submitted the findings in Judicial 
Cases Nos. 5 and 6, together with an explanatory minute, both of which 
were ordered to be placed upon record, and are as follows: 

The Presbyterian Church in the U. S. A., by William R. Henderson, 
William P. Craig and E. Edgar Galbreath, its Prosecuting Committee, 
appellant, vs. Rev. Burt Estes Howard, appellee. 

Judicial Case No. 5, on appeal from the Synod of California. 

This appeal being regularly issued and coming on to be heard on the 
judgment, the notice of appeal and the specifications of errors alleged 
and the record in the case from the beginning and the reading of so 
much of said record as was not read, having been omitted by consent, 
and the parties hereto having been heard before the judicatory in argu- 
ment, and opportunity having been given to the members of the judica- 
tory appealed from to be heard, they having been heard, and opportunity 
having been given to the members of this judicatory to be heard, and 
they having been heard as provided by the Book of Discipline, and this 
Judicial Commission of the General Assembly sitting as a judicatory in 
such case on appeal, having sustained the following specifications of 
error, to wit: " all of said specifications save and except the first and 
second specification under the first ground of appeal," to wit: " irregu- 
larity in the proceedings," and all of the specifications under the second 
ground of appeal, to wit: " manifestations of prejudice in the conduct 
of the case," which were not sustained, on consideration whereof this 
judicatory finds said appeal should be and is hereby sustained, and that 
said Synod of California, the judicatory appealed from, erred in not 
sustaining on the law and the evidence the charges and the judgment in 
this case in the Presbytery of Los Angeles, and that said final judgment 
of the Synod of California is erroneous, and should be and is hereby 
reversed, and said Synod is directed to afiirm the judgment of the Pres- 
bytery of Los Angeles, and this case is remanded to the Synod of Cali- 
fornia to carry this judgment into execution, and it is further ordered 
that the Stated Clerk of this General Assembly transmit a certified copy 
of the judgment in this case to the Stated Clerk of the Synod of Cali- 
fornia to be made a part of the record in this case. — 1896, pp. 131, 132. 

b. The Presbyterian Church in the U. S. A., appellant, vs. Ruling 
Elders J. C. Salisbury, J. K. Hoffman, H. G. Wylie, H. N. Avery 
and H. T. Gordon, constituting the Session of Westminster Presbyterian 
church, of Los Angeles, appellee. 

Judicial Case No. 6, on appeal from the Synod of California. — 1896, 
pp. 132, 133. 

[Note. — See the findings under Judicial Case No. 5, above, in precisely the same 
words.] 

C. Explanatory Minute. — The Judicial Commission, the judicatory in 
the above cases, deems it wise to submit the following explanatory minute 
to be adopted as a part of the record in each of said cases. 

These cases arise out of the action of the Presbytery of Los Angeles, 
Cal., in dividing the First Presbyterian church of the city of that name. 

In the matter of a power of a Presbytery under the Constitution of 

our Church to divide a congregation and the effect of such a division 

on the ecclesiastical body known as the congregation, as distinguished 

from the civil corporation known as the Board of Trustees holding legal 

48 



754 BOOK OF DISCIPLINE, SECT. 99 (5). 

title to the property for the use of the congregation which is the eccle- 
siastical body : 

We hold: 

The Presbytery has the sole and exclusive power to divide a congrega- 
tion under and subject to the provisions of the Constitution, and its 
action in so dividing the congregation, the ecclesiastical body, is final 
unless complaint or appeal is duly taken to the superior judicatories. 

No such complaint or appeal was taken from the action of the Presby- 
tery of Los Angeles in dividing the First church of the city of that 
name, which included the assigning of the pastor, Rev. Burt Estes 
Howard, to the Westminster church and also the Session of said First 
church to the same church. The division of the ecclesiastical body 
known as the congregation of the First church did not dissolve the civil 
corporation holding the legal title to the property for the use of said 
ecclesiastical body, nor could it do that which could only be done by the 
civil power which created the civil corporation, pursuant to the manner 
prescribed by such civil power. No act of the civil corporation or civil 
power could or did affect the ecclesiastical body or congregation. Over 
it they had no power or jurisdiction, and could neither create, divide 
nor dissolve it. The membership of the ecclesiastical body or congrega- 
tion was created by and as such is exclusively within the jurisdiction of 
the judicatories of the Church, under its Constitution, and all lawful 
orders or decrees affecting said ecclesiastical organization or congregation 
made by any of the said judicatories acting as such under the Constitution 
should be implicitly obeyed by each and every member of said ecclesias- 
tical body or congregation and every pastor and Session, so long as the 
same remain in full force and effect and not reversed. Obedience to 
lawful authority is fundamental and essential to the maintenance and 
prosperity of our beloved Church. Our Constitution provides ample 
remedies and procedure for determining the lawfulness of all authority 
exercised thereunder, and until the same is set aside or reversed pursuant 
to the Constitution, it is in full force and effect and merits the obedience 
of all subject thereto. Consistent with this obedience, and without miti- 
gating its force, but rather to make it more effective, is due consideration 
in the exercise of the largest charity consistent with righteousness in all 
cases of contumacy of conduct which involve disobedience .to the orders 
and decrees of the various judicatories of our Church, of all the circum- 
stances controlling all of the parties charged with the disobedience and 
all of the interests of the Church, local or at large, affected by the result 
of the case. It is to be assumed that the various judicatories of our 
Church, in the lawful exercise of the powers vested in them by the 
Constitution, whether it be in the case of a Presbytery dividing a con- 
gregation or otherwise, will not act arbitrarily, but with the fullest con- 
sideration and in the earnest purpose to secure under the guidance of the 
Holy Spirit the peace and purity of our beloved Church. The parties 
thus charged with contumacy, if found guilty by the court of original 
jurisdiction, have the right of review of its action by the superior judica- 
tories under our Constitution, and until the questions have been finally 
adjudicated they may sincerely and conscientiously believe that their 
conduct is not contumacious, however mistaken they may be as to its 
character. 

In the event that the superior judicatory finds them guilty of the 
offence and affirms the judgment of the lower judicatory, in order to 






OF APPEALS. 755 

further proceedings therein by said lower judicatory, the parties thus 
under its jurisdiction should in all proper cases be fully and kindly 
advised of the final action of the superior judicatory, its purpose and 
effect, and an opportunity offered the parties thus charged to reconsider 
their conduct in order to render obedience to the final decision in their 
case. All of this in order to secure and maintain the peace and purity 
of the Church. 

In view of this we submit that in these cases the Presbytery of Los 
Angeles should fully and kindly advise the appellees of the action of the 
General Assembly in their cases, and request them to reconsider the posi- 
tion taken by them with reference to the action of the Presbytery and 
the subject matter of their cases, which position and conduct is declared 
by them to be the result of their sincere belief that they were serving 
the best interests of the church in their care, as well as the interests 
of the Church in the Presbytery of Los Angeles and the Synod 
of California, and Presbytery is further recommended that in the 
event that the appellees in these cases express their purpose to now 
recognize and obey the action of the Presbytery in their cases pursuant 
to the decision of the General Assembly, the sentence be removed, and 
that they and each of them be restored to the full exercise and enjoyment 
of their offices in the church, and we earnestly express the hope that 
these appellees will so express themselves and obey the orders of the 
General Assembly and the Presbytery pursuant thereto, and that in so 
doing the churches of the Presbytery of Los Angeles and the Synod of 
California will have rest, and be edified ; and walking in the fear of the 
Lord, and the comfort of the Holy Ghost, be multiplied. (Acts ix. 31.) 
By order of the Judicial Commission, 

F. C. Monfort, Chairman. 

The Stated Clerk was directed to transmit certified copies of the action 
of the Commission to the Synod of California. — 1896, pp. 133-135. 

4. Case of William P. Craig, Complainant, vs. the Synod 
of California. 

The Commission presented the findings on Judicial Case No. 7, which 
were ordered to be placed on record, and are as follows: 

The Judicial Commission appointed by the General Assembly of the 
Presbyterian Church in the United States of America, to try Judicial 
Case No. 7, reports for record its final judgment as follows: 

Rev. William P. Craig, complainant, vs. The Synod of California, 
defendant — No. 7. 

The Judicial Commission, sitting as a judicatory in the above case, find 
said complaint in order, aud having read the record from the beginning, 
and heard the parties, and the members of the judicatory complained 
of, and the members of the judicatory, finds the complaint well taken 
and sustains the same ; and further finds in so sustaining the same, that 
the whole and each of the ministerial acts and functions performed by 
the Rev. Burt Estes Howard during the time covered by, and embraced 
in, the action, and up to the time when the final judgment of this judi- 
catory, in reversing the final judgment of the Synod of California, in 
the case of the Presbyterian Church in the U. S. A. against the said 
Howard, is duly certified to and received by the Stated CJerk of the 
Synod of California, are valid and remain in full force and effect, 



756 BOOK OF DISCIPLINE, SECT. 99 (5). 

and unaffected by any action of this judicatory in this case. — 1896, 
p. 152. 

[Note. — See Book of Discipline, Sec. cxix.] 

5. Complaint of David R. Breed et a/, vs. the Synod of 
Pennsylvania. 

The Judicial Commission presented its report on Judicial Case No. 2, 
as follows : 

The Judicial Commission appointed by the General Assembly to try 
the complaint of David R. Breed and others, members of the Synod of 
Pennsylvania, against the action of said Synod and the finding of its 
Judicial Commission in Judicial Case No. 1, in its session held in the 
Presbyterian church of Butler, Pa., October 17-21, 1895, do respect- 
fully report as follows: 

That after the opening of the Commission by prayer, and the solemn 
charge by the Moderator, the Commission, of which a quorum was 
present, proceeded to consider the case. The facts briefly are as follows: 
On February 5, 1895, the Presbytery of Pittsburgh dissolved the 
pastoral relation between Rev. C. J. Forsythe and the church of West 
Elizabeth and appointed Rev. Dunlop Moore, Moderator of Session. 
On February 17, 1895, the elders of said church requested Mr. For- 
sythe to act as Moderator of a Sessional meeting, and Session called a 
congregational meeting for February 22 inter alia to elect additional 
elders. At this meeting, the Rev. S. J. S. Moore, not the appointed 
Moderator, was requested to moderate the congregational meeting. Two 
elders were elected. Certain members of the church complained to the 
Presbytery of Pittsburgh with reference to this meeting, alleging certain 
irregularities and unjust rulings, which specifications were sustained by 
the Presbytery of Pittsburgh against this action of Presbytery. By its 
Judicial Commission twenty-five persons, members of Pittsburgh Pres- 
bytery, complained to the Synod of Pennsylvania, alleging in several 
specifications the irregularity of the action and the injustice of the find- 
ings and procedure. This complaint was tried by Commission of Synod 
of Pennsylvania, at its meeting in Butler, October 17-21, 1895, and 
the first report was recommitted to have points of law and Constitution 
considered. The Commission again reported, sustaining the complaint, but 
not referring any questions of law to Synod for its determination. The 
case before Assembly's Commission is the complaint against this action 
of Synod, to which reference is here made as part of this report. 

In the trial before the Commission, the record of the action com- 
plained of, and so much of the record of the lower judicatory as was 
pertinent, were read, and the parties were heard, the complainants open- 
ing and closing. 

Commission referred the two points of law set forth in the complaint 
to the Assembly for adjudication according to Chap, xiii, Sec. cxix, B 
D., which points of law are as follows: 

[Note. — See Book of Discipline, Sec. cxix.] 

The Commission having received this Assembly's adjudication of the 
points of law, and in accordance therewith, do find as follows: 

That the complaint is sustained, affirming the action of the Presbytery 
of Pittsburgh, pro forma, and finding the Synod of Pennsylvania in error 
in that the Judicial Commission of said Synod did not submit the points 



OF APPEALS. 757 

of law to the Synod as provided for in Chap, xiii, Sec. cxix, B. D. 
Inasmuch as the elders elected at the congregational meeting complained 
of have since been ordained and installed, the decisions of both Synod 
and Presbytery are not hereby otherwise affected and the Synod is 
directed to take no further action in the matter. 

Only those present at all the sessions of the Commission voted in the 
case.— 1896, pp. 90-92. 

VIII. DECISIONS AND THEIR EFFECT. 
I. THE DECISION MAY CONFIRM THAT OF THE LOWER JUDICATORY. 

If no one of the specifications be sustained, and no error be found by 
the judicatory in the record, the judgment of the inferior judicatory 
shall be affirmed. 

1. Section xcix (5) explained. 

Overture from the Presbytery of Lodiana, inquiring whether, in the 
trial of an appeal, a higher court, discovering one or more errors in the 
proceedings of the court below, is bound by Section xcix (5) of the 
Book of Discipline, to reverse or modify the judgment of the inferior 
judicatory or else remand the case for a new trial. 

Clearly there is no such requirement, but, on the contrary, " the 
judicatory shall determine," in its own discretion, whether " the judg- 
ment of the inferior judicatory shall be reversed or modified," or " the 
case remanded," and that, for the obvious reason, that there may be 
enough in that part of the decision which has been sustained by the 
higher court, to warrant the full sentence which has been imposed. 
Adopted.— 1888, p. 109. 

2. Decisions confirmed. 

a. Form of Government, Chap, xv, Sec. i. Appeal of the Third 
Presbyterian church, Philadelphia, vs. the Synod of Philadelphia. — 
1814, pp. 559, 560. 

b. Form of Government, Chap. xvii. Appeal of Joseph Connell vs. 
the Synod of Pittsburgh.— 1868, p. 648, O. S. 

C. Form of Government, Chap, x, Sec. viii. Appeal of S. Shep- 
herd vs. the Synod of Illinois.— 1863, p. 36, O. S. 

d. Form of Government, Chap, x, Sec. viii. Appeal of members 
of Pine Street Church vs. the Presbytery of St. Louis. — 1864, pp. 327, 
328, O. S. 

e. Book of Discipline, Chap, vii, Sec. l. Appeal of Alexander 
Frazer vs. the Synod of Buffalo. Also Appeal of Alexander Gordon vs. 
the same Synod.— 1859, pp. 546, 547, O. S. 

f. Book of Discipline, Chap, v, Sec. v (Old). Case of Samuel 
Boyd. The decision of the Synod of Wheeling confirmed. In this case 
it was held that the appellant, not having objected to alleged informali- 
ties at the time of trial, " had waived all informalities in the proceed- 
ings antecedent to trial. " — 1866, p. 74, O. S. 

g. The Commission in the case of the appeal of the Rev. L. R. 
Lockwood from the judgment of the Synod of Iowa, affirming the 
judgment of the Presbytery of Dubuque, suspending the appellant 
from the Gospel ministry, recommend that the appeal be not sustained, 
and that the judgment of the lower courts be affirmed. — 1867, p. 347, 
O. S. 



758 BOOK OF DISCIPLINE, SECT. 99 (5). 

h. Form of Government, Chap, xii, Sec. v. Appeal of Eev. Isaac 
M. See vs. the Synod of New Jersey. Judgment of the Presbytery and 
Synod affirmed.— 1878, pp. 102, 103. 

i. Form of Government, Chap, xii, Sec. v. Appeal of the Rev. 
John Miller vs. the Synod of New Jersey. Action of the Synod 
affirmed, and his suspension from the ministry approved. — 1878, p. 98. 

j. Form of Government, Chap, x, Sec. viii. Appeal of Addison 
Bancroft and R. W. Stewart vs. the Synod of Philadelphia. The Synod 
sustained. — 1878, p. 41. 

k. Form of Government, Chap, ix, Sec. vi. Appeal of Walter 
Bradshaw vs. the Synod of New York. The Synod sustained. — 1885, 
pp. 593, 594. 

1. Directory for Worship, Chap, iii, Sec. ii. Appeal of Charles D. 
Drake vs. the Synod of Baltimore. Judgments of the Synod of Balti- 
more affirmed.— 1888, pp. 112, 113. 

m. Appeal of Rev. Henry Preserved Smith, D.D. No specification 
of error having been sustained, and the appeal as a whole not having 
been sustained, the judgment of the Synod of Ohio, in the case of the 
Presbyterian Church in the United States of America vs. Rev. H. P. 
Smith, D.D., has been and is affirmed. — 1894, p. 106. 

n. Judicial case, being the appeal of J. A. Cooper against a de- 
cision of the Synod of Pennsylvania. The Committee would recom- 
mend that the Synod of Pennsylvania be sustained in refusing to 
entertain the appeal of one J. A. Cooper vs. Presbytery of Erie, on 
the ground that there is no evidence to show that Synod was incorrect 
in its statements (see p. 30, Minutes, Synod Penna. ). Adopted. — 
1895, p. 85. 

O. Presbyterian Church U. S. A., appellant, vs. Burt Estes Howard, 
appellee. Sustained. — 1896, p. 132. 

p. Also Presbyterian Church U. S. A., appellant, vs. J. C. Salisbury 
etal., appellee. Sustained. — 1896, p. 133. 

q. Also, David R. Breed, complainant, vs. Synod of Pennsylvania, 
respondent. Sustained. — 1896, p. 91. 

r. And William P. Craig, complainant, vs. the Synod of California, 
respondent. Sustained. — 1896, p. 152. 

3. In confirming the decision the Assembly directs that if a new 
trial as ordered be not instituted within six months the deci- 
sion shall be final. 

And, therefore, the Assembly do now order and direct that the appeal 
of the said Silas Miller be dismissed and the decision of the Synod of 
Illinois be confirmed ; and the Assembly further order and direct that, if 
the Session of the church of Tuscola do not, within six months from the 
date hereof, refer the case to the Presbytery of Wabash for a new trial, 
in accordance with the decision of the Synod of Illinois, then the 
decision of the said Synod sustaining the appeal shall become absolute 
and final, and the said Silas Miller shall be thereupon restored to all the 
rights and privileges which he had and enjoyed as a member of the 
church of Tuscola, and from which he was suspended by the judgment 
and sentence of said church. — 1867, p. 517, N. S. 

Decision confirmed because the new testimony offered " did not in any 
important respect change the aspect of his case." — 1823, p. 90. 



OF APPEALS. 759 

II. THE DECISION MAY REVERSE THAT OF THE LOWER JUDICATORY. 

If one or more errors be found, the judicatory shall determine whether 
the judgment of the inferior judicatory shall be reversed or modified, or 
the case remanded for a new trial; and the judgment, accompanied by a 
recital of the error or errors found, shall be entered on the record. If 
the judicatory deem it wise, an explanatory minute may be adopted which 
shall be a part of the record of the case. 

1. Reversed on review of testimony. 

An appeal was taken by Mr. John Gordon from the decision of the 
Synod of Pittsburgh. The Assembly having before them the evidence 
which had been before the Synod, and having fully heard the members 
of that Synod present in defence of their decision, it was, on motion, 

Resolved, That the decision of the Synod in affirming the judgment of 
the Presbytery of Redstone be reversed. 

And it, therefore, was reversed. — 1807, p. 386. 

2. Reversed without assigning a reason for its action. 

The consideration of the appeal of the Presbytery of Ohio from the 
decision of the Synod of Pittsburgh, in the case of Mr. Gwinn, was 
resumed, and the parties were heard until they said they had nothing 
further to add. 

The decision of the Synod of Pittsburgh reversed a decision of the 
Presbytery of Ohio, by which decision the Presbytery had suspended 
the Rev. Andrew Gwinn, sine die, from the office of the Gospel ministry. 

A motion was made and seconded that the appeal of the Presbytery 
of Ohio be sustained, and the decision of the Synod in the case be 
reversed, which was determined in the affirmative. — 1819, p. 709. 

[Note.— See also 1821, p. 25. And Book of Discipline, Sec. xcix, last clause.] 

3. Reversed because of disproportionate censure. 

[Note.— See Book of Discipline, Sec. ii, p. 604.] 

4. Reversal on the ground of undue severity does not determine the 
innocence of the accused nor relieve him from other process. 

The appeal of T. F. Worrall against the Synod of Illinois. The 
usual charge was read by the Moderator, and the Assembly proceeded 
with the case according to the order prescribed in the report of the Com- 
mittee, which is as follows : 

The Committee report as follows: This case originated before the 
Session of the church of Bloomington, on charges preferred against the 
appellant by the Session on " general rumor." 

After an examination the Session convicted him, and passed sentence 
excluding him from the communion of the church. 

An appeal was taken from this decision to the Presbyter) 1 - of Bloom- 
ington, which refused to sustain the appeal. An appeal was taken from 
thence to the Synod, which refused also to sustain the appeal. From 
this decision of the Synod of Illinois this appeal is taken to the General 
Assembly. The appeal was sustained and it was: 

Resolved, As the expression of the judgment of this Assembly, That 
the sentence of excommunication against T. F. Worrall, by the Session 
of the church at Bloomington, 111., be reversed, as being unduly severe. 
The Assembly, however, do not intend by this decision to restore Dr. 



760 BOOK OF DISCIPLINE, SECT. 99 (5). 

Worrall to the communion of the church, from which he is now under- 
stood to be suspended, on other charges still under adjudication ; nor do 
the Assembly intend to decide that he did not deserve censure for the 
improper language which is set forth in the charges against him. — 1861, 
pp. 344, 346, O. S. 

5. Decision of Synod reversed as in error in prescribing a 
form of dismission. 

Complaint of Rev. N. West, D.D., vs. the Synod of New York. — 
1864, p. 328, O. S. 
[Note.— See under Book of Discipline, Sec. 1, p. 666.] 

6. Reversed because of unconstitutional action of the judicatory 

appealed from. 

a. Whereas, A complaint has been made by the Presbytery of Saha- 
ranpur, of the Reformed Presbyterian Church, against the Board of 
Foreign Missions of the Presbyterian Church, for reappointing, as one 
of their missionaries in India, Rev. John Sinims Woodside, who had 
been deposed from the ministry by said Presbytery: 

Your Committee recommend the following action touching the matters 
contained in said complaint which relate to the polity of the Presbyte- 
rian Church, viz. : 

1. It appears that an agreement was entered into, years ago, by which 
the ministers of the so-called " Covenanter," or Reformed Presbyterian 
Church, became missionaries of our Foreign Board. 

2. It does not appear that this agreement gave to any of the judica- 
tories of our own Church the authority of ' ' Review and Control ' ' over 
any of the judicatories of said Reformed Presbyterian Church; but it is 
implied that, both by agreement and comity, the judicial decisions of the 
Presbyteries of said Reformed Presbyterian Church, touching the eccle- 
siastical standing of their ministers, should receive the respect from our 
Presbyteries due to like decisions of one another. 

3. The main facts of this case are, that John S. Woodside, a minister 
of the Reformed Presbytery of Saharanpur, was deposed by that Pres- 
bytery in February, 1880; and the gist of this complaint is that, not- 
withstanding said deposition, he has since been received as a minister, in 
good standing, by our Presbytery of Furrukhabad, and has been 
appointed a missionary by our Board. 

4. And whereas, The (O. S. ) General Assembly (pp. 159 and 160, 
Moore's Digest, 1873) decided in 1862 that " a Presbytery may not re- 
store a minister deposed by another," and the (N. S. ) General Assembly 
(pp. 617 and 618, Moore's Digest), in 1858, decided " that only the 
Presbytery which deposed a minister has jurisdiction over him, ' ' therefore, 

Resolved, That the Presbytery of Furrukhabad erred in receiving and 
restoring to the ministry the said John S. Woodside, while he was under 
sentence of deposition by the Presbytery of Saharanpur, and in accord- 
ance with the action of the General Assembly in a similar case between 
Presbyteries of our own Church (see Moore's Digest, pp. 159 and 160), 
this Assembly directs the Presbytery of Furrukhabad to reconsider its 
action, and proceed according to the requirements of the Constitution, 
as provided for the guidance of our Presbyteries in similar circumstances 
between themselves. Adopted. — 1883, pp. 628, 629. 

b. The Judicial Commission to whom was referred Judicial Case No. 2, 






OF APPEALS. 761: 

being a complaint of Addison Bancroft to the General Assembly against 
the action of the Synod of Philadelphia in the Hermon church case, 
presented the following report: 

That the complainant complained of the action of the Presbytery of 
Philadelphia North, in dissolving Hermon church and declaring the 
field occupied by it a mission station under the care of the Presbytery. 

The Synod of Philadelphia, at its stated meeting in Philadelphia, 
October 23, 1876, sustained the action of the Presbytery, and dismissed 
the complaint, whereupon the complainant brought his complaint against 
such action of the Synod to this General Assembly, and the case having 
been, by the consent of the parties, referred by the General Assembly to 
this Commission for hearing and decision, and the Commission having there- 
upon proceeded in due order to examine the case and to hear the parties 
and members of the inferior judicatory, it is thereupon by this Commis- 
sion decided that the said action and decision of the Synod of Philadel- 
phia and of the Presbytery of Philadelphia North be and the same are 
hereby reversed for the following reason : 

That it appears that Hermon church had no previous notice of the 
contemplated action of the Presbytery in dissolving the church. While 
the Commission regrets the necessity of reversing the decision of the 
Synod of Philadelphia upon a ground which may seem merely technical, 
we regard the precedent of dissolving a church without notice to it as 
too dangerous to be upheld ; and we hold that without such notice and 
an opportunity for the church to be heard, the Presbytery had not 
jurisdiction of the case. Adopted. — 1877, pp. 543, 544. 

7. Where sentence is reversed for irregularity, either party may 

institute a new trial. If process be not commenced within the 

time limited, he may demand a letter as in good standing. 

The appeal of Mr. Joseph E. Bell, from a decision of the Presbytery 

of Concord, suspending him from the office of the Gospel ministry, was 

taken up. 

The appeal was sustained. The following minute was adopted : 

1. Resolved, That in the judgment of the Assembly, Mr. Bell was and 
still continues to be fully amenable to the Presbytery of Concord. 

2. That while the Assembly do not wish to protect the guilty, they do 
judge that great caution, deliberation, and, as far as may be, the rules 
of discipline, where ministerial character is impeached, ought to be 
strictly observed, and that in this case the informality was exceptionable. 

3. That if it be deemed necessary for the good of religion and the 
honor of the ministerial character, the Presbytery of Concord are entirely 
competent to commence a new trial ; or if Mr. Bell shall desire, for his 
own sake, a new trial, the door is still open. 

4. That in the meantime, Mr. Bell's ministerial standing shall be con- 
sidered regular, and if no process shall be commenced by either party 
within the space of six months from the first of June next, then Mr. 
Bell may claim from the Presbytery of Concord a dismission, declaring 
him to be in regular standing. — 1828, p. 240. 

[Note. — See also under Book of Discipline, Sec. lxviii, p. 651.] 

8. Reversed for haste and unconstitutional action. 
The Assembly sustained the appeal of Mr. Arthur, from the sentence 
of Presbytery, by which he was suspended from the Gospel ministry on 



762 BOOK OF DISCIPLINE, SECT. 99 (5). 

the ground of contumacy, because the Presbytery appeared to have been 
precipitate, and not to have observed the constitutional rules. See Dis- 
cipline (Old), Chap, iv, Sees, xix, xxi, xxxiii, lxviii. — 1822, p. 53. 

9. Sentence reversed and the appellant declared to be in 
regular standing. 

The unfinished business of the forenoon was resumed, viz., the consid- 
eration of the appeal of Mr. James Atwater from the decision of the 
Synod of Geneva, affirming a decision by which Mr. Atwater had been 
excommunicated by the church at Genoa. 

The parties were fully heard, and the following resolution, after some 
discussion, was adopted, viz. : 

Resolved, That the appeal of Mr. Atwater be sustained, and it hereby 
is sustained ; and that Mr. Atwater have liberty, as a member of the 
Presbyterian Church in regular standing, to connect himself with any 
church which may be disposed to receive him. — 1821, p. 27. 

10. The decision may declare the acts of the lower judicatories void. 

a. Resolved, That the appeal and complaint of the Second Presbytery 
of Philadelphia against the Synod of Philadelphia be, and the same are, 
hereby sustained; and the act of said Synod, so far as it was intended 
to unite the said Second Presbytery with the Presbytery of Philadelphia, 
is hereby declared void.— 1834, p. 432; 1854, p. 33, O. S. 

b. In the appeal of persons claiming to be the church of St. Charles, 
it was 

Resolved, That the Assembly herein sustains the appeal, pro forma, and 
orders the entire setting aside of all the proceedings in the whole case in 
all its stages, from the time that notice was first given to call a meeting 
of the congregation for the election of the three elders, and directs all 
the parties to stand precisely where they did before any step was taken in 
it.— 1838, p. 19. 

C. Resolved, That this Assembly understands the act of the Assembly 
of 1838, as sustaining the appeal of Rev. Hiram Chamberlain, not upon 
the merits of the case, but on account of informality of the courts below, 
and that " in the entire setting aside of all the proceedings in the whole 
case, they intended not only to annul the past, but also to forbid all sub- 
sequent action contrary to the will of the regularly constituted authorities 
of that church, and they hereby declare any such unconstitutional action 
that may have been had by any person, or persons, in connection with 
that church, to be null and void. — 1840, p. 302, O. S. 

d. Resolved, That for the informalities and errors above mentioned, 
the appeal be and is hereby, sustained, and all proceedings in the case by 
the Session, Presbytery and Synod since the admonition before the con- 
gregation on the 25th of August, 1861, are hereby annulled and set 
aside.— 1863, p. 36, O. S. 

[Note. — See under Sec. lxxix, p. 695, Appeal of James W. Hamilton vs. the 
Synod of Sandusky.] 

11. The reversal annuls the acts complained of. 

a. The appeal and complaint of Thomas Bradford and others from a 
decision of the Second Presbytery of Philadelphia, relative to the 
installation of Mr. Duffield were taken up. The appeal, with the reasons 
of it, and all the documents in the case, were read. The parties were 
heard, and were then considered as withdrawn from the house. The roll 



OF APPEALS. 763 

was called to give the members an opportunity of expressing their opinion. 
After which, the final vote was taken, and the appeal and complaint were 
sustained. 

The following resolution was then adopted as explanatory of the above 
decision, viz. : 

That the appeal be sustained, and the acts of the Presbytery in rela- 
tion to the call and installation of Mr. Dufneld be and they hereby are 
reversed.— 1835, p. 490. 

b. In regard to the complaint of Mr. Dobbins against the Session of 
the church of Augusta for receiving members suspended by the Session 
of the church of Smyrna, the Assembly are of opinion that both Sessions 
acted unconstitutionally, the Session of Smyrna in suspending said 
members, and the Session of Augusta in receiving them when suspended. 
Therefore, 

Resolved, That the appeal on this complaint be and it is hereby sus- 
tained ; and the members in question are hereby declared to be still 
members in good standing in the church of Smyrna, and the Session of 
the church of Smyrna are hereby directed to dismiss said members, if 
they still desire it, that they may regularly connect themselves with the 
church of Augusta. — 1824, p. 125. 

12. The decision reversed and the case remanded. 

The Presbyterian Church in the U. S. A. vs. Rev. Charles A. Briggs, 
D. D. : Appeal from the judgment of the Presbytery of New York, dis- 
missing the case. 

The General Assembly having, on the 28th day of May, 1892, duly 
sustained all the specifications of error alleged and set forth in the appeal 
and specifications in this case: 

It is now, May 30, 1892, ordered, that the judgment of the Presby- 
tery of New York, entered November 4, 1891, dismissing the case of 
the Presbyterian Church in the United States of America against Rev. 
Charles A. Briggs, D.D., be, and the same is hereby, reversed. And 
the case is remanded to the Presbytery of New York for a new trial, with 
directions to the said Presbytery to proceed to pass upon and determine 
the sufficiency of the charges and specifications in form and legal effect, 
and to permit the Prosecuting Committee to amend the specifications of 
charges, not changing the general nature of the same, if, in the furtherance 
of justice, it be necessary to amend, so that the case may be brought to 
issue and tried on the merits thereof as speedily as may be practicable. 

And it is further ordered, that the Stated Clerk of the General 
Assembly return the record, and certify the proceedings had thereon, 
with the necessary papers relating thereto, to the Presbytery of New 
York.— 1892, p. 152. 

III. THE DECISION MAY CONFIRM OR REVERSE IN PART. 

1. Reversed in part on ground of irregularity. Sustained in part. 

a. The judicatory may not inflict a new sentence without new trial. 

Resolved, That the General Assembly, having heard and considered in 
detail the circumstances and merits of the appeal of Newton Hawes, are 
of the opinion that in the proceedings of the Synod of Genesee in the 
case, there appears to be nothing irregular or censurable until they come 
to their last decision, in which they pass a new and severe censure on the 



764 BOOK OF DISCIPLINE, SECT. 99 (5). 

appellant. In this particular, the Assembly judge that the proceedings 
of the Synod were not regular, inasmuch as they inflicted a new censure 
without a new and regular trial. Had the Synod contented themselves 
with approving the doings of the church of Warsaw, in declining to 
restore the appellant to their communion, and left him in the condition 
of a suspended member, they would have acted with entire regularity; 
but not pausing at this point, the Assembly consider them as acting on 
matters not regularly brought before them; and therefore resolved, that 
the sentence of the Synod, requiring the appellant to make a new and 
second confession, be reversed, and it is hereby reversed, and that the 
other part of their proceedings and decision be affirmed, and they are 
hereby affirmed.— 1823, p. 79. 

b. Nor remove all censure where they find rebuke deserved. 

The Assembly having heard the complaint of the Presbytery of Carlisle 
against the Synod of Philadelphia iu the case of William S. McDowell, 
with the facts and arguments offered by the Presbytery and the Synod, 
judge that the Synod had a constitutional right to reverse the decision of 
the Presbytery in the case, either in whole or in part, as to them might 
seem proper ; but that in the exercise of this right the Synod have not 
duly regarded the principles of discipline prescribed in the Constitution, 
inasmuch as it appears by their records that they have removed all 
censure from a man whom they declare to be deserving of rebuke, with- 
out directing that rebuke to be administered, and without receiving any 
evidence of his penitence. — 1823, p. 81. 

2. Reversed in part on the ground that irregularity of proceeding 
does not necessarily invalidate. 

[Note.— See under Form of Government, Chap, xiii, Sec. ii, 8, a, p. 526.] 

3. Sustained in part, reversed in part. Minute in the case. 
a. The Committee to whom was referred the judicial case originating 
in the Session of the Seventh Presbyterian church in Cincinnati, beg 
leave to report: 

1. They find that said Session tried certain parties upon five several 
charges, and found them guilty upon the first, second and fifth, and 
adjudged them worthy of serious admonition on the ground of the first 
and fifth, and suspension upon the second. 

2. The Presbytery of Cincinnati, deciding the case upon appeal, 
affirmed the decision of the Session. 

3. The Synod of Cincinnati also acting upon it under appeal, reversed 
the decision of the Presbytery and Session. 

4. Your Committee, after hearing all the testimony in the case, and 
all the parties thereto by their representatives ; and after full and pro- 
tracted consideration, while they find in the proceedings of the Session 
and Presbytery no evidence of other than a kind and conscientious desire 
to do justice to all the parties concerned, respectfully recommend the 
following as the judgment of the Assembly in the case: 

Resolved, 1. That the decision of the Synod, reversing the action of 
the Presbytery and Session upon the first and fifth charges be itself 
reversed, and the Session be instructed to administer the serious admoni- 
tion of which they wisely judged the parties to be worthy. 

Resolved, 2. That the decision of the Synod, reversing the action of 
the Presbytery and Session upon the second charge, be sustained in part, 



OF APPEALS. 765 

on the ground that the suspension of the parties accused was too severe 
in the case, and that the Session be recommended to revoke the suspen- 
sion and admonish the parties. — 1865, p. 550, O. S. 

b. The order of the day was taken up, viz., the appeal and complaint 
of Rev. John Skinner, LXD., against a decision of the Presbytery of 
Lexington declaring him guilty of libel and defamation, and a sentence 
of suspension from ministerial functions founded thereon 

The question was then taken on Judicial Case No. 3, viz., the appeal 
and complaint of John Skinner, D.D., against the Presbytery of Lex- 
ington, and the complaint of Rev. Mr. Calhoun against the same Pres- 
bytery ; and the result was as follows, viz. : To sustain the appeal, 40 ; 
to sustain in part, 58 ; not to sustain, 6Q. 

The Special Committee in the case of Rev. John Skinner, D.D., 
presented a report, which was adopted, and is as follows, viz. : 

The appeal and complaint of the Rev. John Skinner, D.D., against 
the Presbytery of Lexington, is sustained pro forma ; the sentence of the 
Presbytery is revoked, and the appellant restored to all the functions of 
the ministry of the Gospel. 

The complaint of the Rev. William Calhoun and others against the 
same Presbytery is dismissed. 

While the Assembly do fully restore the appellant to the functions of 
the ministry, and take pleasure in recording that for about seven years 
he exhibited talents and zeal well adapted to edify the Church of God, 
and while they trust that he will hereafter show the same ability and 
fidelity in the Master's cause, they are constrained to express their deep 
concern at the uncharitable temper and litigiousness exhibited by him 
before the inferior judicatory, and their disapprobation of his course in 
printing and circulating his Lexington speech, pending his complaint to 
the Synod of Virginia. 

Wherefore, he is hereby solemnly admonished in relation to these 
matters, and warned carefully to avoid them in future. 

The Assembly regret, moreover, that they find no evidence that any 
of the parties have, at any stage of this unhappy controversy, resorted 
to the more private and fraternal methods of making peace among 
brethren, which are suggested in the Word of God. 

And the Assembly do now affectionately and solemnly enjoin on all 
concerned to cultivate a spirit of charity and forgiveness, to study the 
things that make for peace, and to seek by importunate prayer the 
influences of the Holy Spirit, that the wounds inflicted in the progress of 
this painful case may be healed, and the kingdom and glory of Christ 
may prevail in the region where these brethren are called to labor. — 
1848, pp. 26, 41 and 49, O. S. 

[Note, — See Book of Discipline, Sec. ix, p. 636.] 

4. The decision censures the irregular exclusion of a member. And 
prescribes the steps to be taken under the old book. 

Complaint of Rev. William Perkins et at. against the Synod of 
Illinois. The final vote was taken, with the following result, viz.: To 
sustain the complaint, 38; to sustain in part, 43; not to sustain, 79. A 
Committee was appointed to bring in a minute, which was adopted, as 
follows, viz. : 

The Committee appointed to bring in a minute in reference to Judicial 
Case No. 1, report, first, the facts in the case. A communicant, by the 



766 BOOK OF DISCIPLINE, SECT. 99 (5). 

name of Ambrose Stone, in the Irish Grove church, for a long time 
abstained from partaking of the communion of the Lord's Supper. He 
also, for a long time, ceased to worship God in his family. He repeat- 
edly requested the Session to dissolve his connection with the Church of 
Christ, assigning as the only reason for this course of conduct, that he 
believed he had never been born again, and that he had no love to 
Christ. The Session did eventually comply with this request, and resolved 
that his connection with the Church be dissolved. 

This church was under the care of Sangamon Presbytery. The Pres- 
bytery upon reviewing the records of the Session of Irish Grove church 
considered this a case of excommunication, and declared the action of 
the Session not only unconstitutional, but also null and void, and that 
Mr. Stone was still a member of the Irish Grove church. The Modera- 
tor and elder from that Session claimed the right to vote in this disap- 
proval of their records, which was refused by Presbytery. The Session 
then complained to the Synod of Illinois of the whole action of the 
Presbytery in the case. The Synod sustained and approved the action 
of the Presbytery. 

The case was then brought before the General Assembly by the Irish 
Grove church Session, in the form of a complaint agaiust the Synod of 
Illinois, because it sustained the action of the Presbytery. The Assem- 
bly having fully heard the parties in the case, adopted the following 
resolutions, viz. : 

Resolved, 1. That no church Session has authority to dissolve the 
connection of a communicant with the Church of Christ, except by 
excommunication, and that the Sessions of our Church are bound to 
proceed according to the directions given in our Book of Discipline, 
when they do excommunicate a member. The Assembly does, there- 
fore, condemn the action of the Irish Grove Session in dissolving the 
connection of Mr. Stone with the Church of Christ, in the manner in 
which it did, as irregular and unconstitutional. 

Resolved, 2. That the Presbytery of Sangamon acted correctly in not 
permitting the members of the Irish Grove Session to vote for approving 
or disapproving their own records ; that the Presbytery acted correctly 
in declaring the action of the Session, in Mr. Stone's case, to be irregu- 
lar and unconstitutional; and that then the Presbytery, without proceed- 
ing further, ought to have required the Session to review and correct its 
proceedings, in this case, according to the directions given in our Book 
of Discipline. 

Resolved, 3. That the Synod ought to have directed the Presbytery to 
require the Session to review and correct its proceedings, according to the 
directions given in our Book of Discipline. — 1851, p. 33, O. S. 

[Note.— See under Book of Discipline, Sec. xlviii. " Cases without Process," p. 665.] 

5. The decision finds error in the judicatories below. A Presbytery 
may not unduly direct and control a Session. Synod may not 
refuse an appeal from a party aggrieved. 
This General Assembly sustains the appeal and complaint of Robert 
S. Finley and Smith Bloomfield, against the Synod of New Jersey. 

In this decision, it is not intended to censure the courts below for 
want of zeal and faithfulness in doing according to their best judgment 
what the case required. Much less is it intended to reverse, in form, 
what has been done in the case of Mr. Finley, so as to restore him to 



OF APPEALS. 767 

his pastoral relation, in the Second church of Woodbridge; for this 
would be not only impracticable, in the circumstances, as they now exist, 
but inexpedient, even if it were practicable. 

But the Presbytery of Elizabethtown erred in attempting too much to 
direct and control the action of that Session, interfering without being 
called to do so, according to the forms of our Constitution; in arresting 
the process of discipline, before it had been issued, while the Session were 
pursuing it in an orderly manner; and in dissolving the pastoral relation 
upon a mere presumption of a majority of the people desiring it, with- 
out the regular application of either party; thus making what they 
judged a necessity in the case, of more importance than the forms of the 
Constitution. 

The Synod of New Jersey erred, not only in sustaining the action of 
the Presbytery in this case, but also in refusing to entertain as an appeal 
the remedy sought by a party who was both injured and aggrieved by 
said action of the Presbytery. — 1858, p. 300, O. S. 

IV. THE DECISION MAY REMIT THE CASE TO THE LOWER 
JUDICATORY. 

1. It may remand the cause for reconsideration. 

The business left unfinished yesterday, viz., the consideration of the 
appeal of Mr. Todd from the decision of the Synod of Kentucky, affirm- 
ing a decision of the Presbytery of Transylvania, by which decision Mr. 
Todd was deposed from the Gospel ministry [was taken up] , and after 
considerable discussion of the subject of the appeal, the following 
resolution was adopted, viz. : 

The Assembly having heard the documents in this case, were of 
opinion that the way is not clear at present, for a reversal of the sentence 
of suspension; but as it appears to the Assembly that Mr. Todd's 
opinions have not been perfectly understood, and whereas, there appears 
to have been some irregularity as to the nature of the testimony admitted 
on the trial before the Presbytery ; therefore, 

Resolved, That the Presbytery of Transylvania be directed to reconsider 
the case of Mr. Todd, to afford him another opportunity of explaining 
himself, and if they should be satisfied, to restore him to his former 
standing. — 1817, p. 666. 

2. A Synod required to remand the case to a Presbytery for 

rehearing. 

The Judicial Commission, to which was referred the complaint of the 
Rev. William Bryant and others, against the action of the Synod of 
Iowa, in the case of A. R. Day, presented its report, which was ap- 
proved, and ordered on record: 

The Commission decide that the case presents a question of interpreta- 
tion of the Constitution, and, therefore, the General Assembly has 
jurisdiction to hear the appeal. The Commission adjudges that the 
Synod of Iowa had the right in this case to entertain the petition of A. R. 
Day, for rehearing, and in its discretion to make an order for rehearing 
of the appeal from the Presbytery of Waterloo. But the Commis- 
sion is of the opinion, and so adjudges, that the Synod of Iowa erred in 
its judgment in dismissing the case, and adjudges that the Synod of 
Iowa should have remanded the case to the Presbytery of Waterloo for 
retrial. It is, therefore, the order of the General Assembly that the 



768 BOOK OP DISCIPLINE, SECT. 99 (5). 

appeal be sustained, and that the Synod of Iowa is hereby ordered and 
required to remand said case to the Presbytery of Waterloo for a rehear- 
ing upon the specifications originally filed therein. — 1888, p. 132. 

[Note. — See Form of Government, Chap, xii, Sec. iv, p. 279.] 

3. Complaint sustained and Synod ordered to hear and issne the case. 

The Judicial Commission in the case of the complaint of the Rev. 
Nathaniel West, D. D. , against the Synod of Minnesota, reported their 
finding, which was received, confirmed, ordered to be entered on the 
minutes, and is as follows: 

The Judicial Commission appointed to hear the complaint of the Rev. 
Nathaniel West, D. D. , against the Synod of Minnesota, referred by the 
General Assembly of 1889 to this General Assembly, sustain so much of 
said complaint as refers to the refusal of the Synod of Minnesota to hear 
the complaint of Dr. West against the Presbytery of St. Paul. We 
judge that the reasons assigned by the Synod for that refusal are insuffi- 
cient. The Synod of Minnesota is therefore directed at its next stated 
meeting to hear fully the complaint of Dr. West against the Presbytery 
of St. Paul, upon its merits, and to issue the same according to the 
provisions of the Book of Discipline. The facts of the complaint 
subsequent to the point just decided are necessarily involved in the full 
and fair hearing of Dr. West's complaint against the Presbytery of St. 
Paul, as the latter complaint covers not only the constitutional powers of 
the Presbytery, but also the wisdom of their exercise under the circum- 
stances of the case. — 1890, p. 109. 

4. Judgment reversed and case remanded for new trial. 

[Note.— See case of Dr. Charles A. Briggs, this Digest, p. 46.] 

5. Judgment reversed and case remitted on grounds stated. 
On the complaint of William H. Beecher and others against the 
Synod of Genesee, in the case of the appeal of Dr. Frank from the 
decision of the Presbytery of Genesee, the General Assembly sustain the 
complaint and reverse the judgment of the Synod on the following 
grounds, viz. : 

1. That the merits of the case seem to be expressly declined by the 
Synod as the subject-matter of adjudication. 

2. That the Synod appear not to have adhered to the alternatives 
prescribed by the Constitution. See Book of Discipline (Old), Chap, 
vii, Sec. iii, Sub-sec. x. 

3. That the Synod seem to have forgotten the nature and the limits of 
their appellate, as distinguished from the original jurisdiction in the case, 
in that they censure at their bar the appellant, in a way competent, in 
any circumstances, only to the Session of the church to which the appel- 
lant was primarily amenable. 

4. That they seem to have forgotten also, in restoring the appellant, 
that some expression of repentance ought to have been exacted, especially 
if their reprimand could, from any tribunal, have been deserved. 

The Assembly therefore rule, that the Synod of Genesee should review 
their proceedings in this case, and regarding alike the rules of the Con- 
stitution and the merits of the case, that they proceed to issue the same 
with equity and wisdom. — 1840, p. 11, N. S. 



OF APPEALS. 769 

6. Referred back to the judicatory below, with instructions. 

a. Whereas, It appears that the decision of the Synod of Missouri in 
the case of the complaint of Franklin Knox has been recorded in reso- 
lutions which set forth, not the reasons for the decision in the case, but 
which are, in fact, a compromise ; which also admit that, at most, there 
is a strong presumption of guilt, but not evidence, agreeably to the Con- 
stitution, sufficient to convict; therefore, 

Resolved, That the complaint of Franklin Knox against the Synod of 
Missouri be referred back to the lower judicatory, and that the Synod be 
and hereby is instructed to reconsider said resolutions, and record their 
decision agreeably to the evidence and the principles of justice recognized 
in our Constitution. — 1852, p. 173, N. S. 

b. The Judicial Commission to whom was referred the appeal and 
complaint of the Second Presbyterian church of Jacksonville, 111., and 
Rev. Emanuel R. Pirez vs. a decision of the Synod of Illinois Central, 
presented their report, which was adopted, and is as follows: 

Your Judicial Commission in the case of the appeal and complaint of 
the Second Presbyterian church of Jacksonville, 111. , and Rev. Emanuel 
R. Pirez against a decision of the Synod of Illinois Central, beg leave to 
report that they find the action of the Synod of Central Illinois defective 
in that it does not recognize the fact, which appears upon the records of 
the Presbytery, that charges had been made against Rev. Mr. Pirez, 
affecting his moral and ministerial character, which charges had been 
made by persons recognized, by formal vote of the Presbytery, as accus- 
ers, and which charges were referred by the Presbytery to a Judicial 
Committee with instructions to report thereupon, but which charges have 
never been brought to an issue. 

This Committee do, therefore, sustain the complaint and appeal of the 
Second Portuguese church and of Rev. Emanuel R. Pirez, so far as to 
direct the Synod to remand the case to the Presbytery, with instructions 
to try, or formally dismiss, the charges above mentioned, and, in case of 
his innocence, determine the question of the expediency of the continu- 
ance of the pastoral relation, in such a manner as they may judge to be 
just to the contending parties and for the interests of religion. — 1874, 
p. 46. 

7. The decision details the irregularities of the judicatories below. 

The consideration of the report of the Committee appointed to prepare 
a minute on the subject of Mr. Craighead's appeal from a decision of 
the Synod of Kentucky, suspending him from the Gospel ministry on 
certain charges of heresy, founded on a sermon preached before the 
Synod, was resumed, and after some discussion, the report was adopted, 
and is as follows, viz. : 

1. The General Assembly are of opinion that the conduct of Mr. 
Craighead in preaching such a sermon, and in such circumstances, before 
the Synod of Kentucky, especially as he had been suspected by his 
brethren of holding erroneous opinions, was highly reprehensible. 

2. The General Assembly approve the conduct of the Synod in relation 
to this matter. While they were firm and zealous in maintaining what 
they believed to be truth, they were to an uncommon degree, respect- 
ful and affectionate in their manner of dealing with Mr. Craighead. As 
the sermon was delivered in their hearing, believing, as they did, that it 



770 BOOK OF DISCIPLINE, SECT. 99 (5). 

contained dangerous error, they were bound to take notice of it and 

express their opinion to the preacher 

6. It is not surprising that in a case so new and difficult some con- 
siderable errors in point of form should have occurred; the principal of 
these the General Assembly will now briefly point out. 

(a) There was a great deficiency in the charge preferred against Mr. 
Craighead as it relates to precision. All charges for heresy should, be as 
definite as possible. The article or articles of faith impugned should be 
specified, and the words supposed to be heretical shown to be in repug- 
nance to these articles, whether the reference is made directly to the 
Scriptures as a standard of orthodoxy, or to the Confession of Faith, 
which our Church holds to be a summary of the doctrines of Scripture. 
But in none of the charges against Mr. Craighead is this done; and in 
two of them, third and fourth, it would be very difficult to say what 
articles of faith are supposed to be contravened in the errors charged on 
Mr. Craighead. And the last two charges appear to be so vague and 
indefinite as to be incapable of proof. In the fifth Mr. Craighead is 
charged with perverting, etc., the sentiments of the preachers and 
writers in our connection. Now, in our connection, there are a multitude 
of preachers and writers differing by many shades of opinion from each 
other. How then can this be a just ground of accusation ? In the 
sixth, he is charged with the {alse coloring of facts, etc. But no facts are 
established by evidence; none are specified in the charge; and to make 
it a just ground of accusation, it ought to have been a designed and 
malicious discoloring of the facts, etc. 

(b) In the progress of this case, the Presbytery proceeded regularly to 
cite the accused, once and again, and upon his not appearing, they 
proceeded to the trial, and having gone through the evidence, they 
referred the whole to the Synod to adjudicate upon it, with the expression 
of their own opinion, that Mr. Craighead ought to be suspended. The 
Synod met immediately after Presbytery, and took up the case, and in 
concurrence with the opinion of the Presbytery, suspended Mr. Craighead 
from the Gospel ministry. 

(c) In this proceeding, the General Assembly are of opinion that there 
was too much haste. Mr. Craighead was not guilty of contumacy, for 
he wrote two letters to the Presbytery, excusing himself for non-attend- 
ance; and if he had been guilty of contumacy, he ought to have been 
suspended on that ground. Perhaps no man ought to be tried on 
charges preferred, and to be supported by evidence, who is not present, 
without his own consent. A trial, in the nature of things, cannot be 
impartial when there is but one party heard. And in this case no 
injury would have been sustained by delay, for the Synod might have 
proceeded instantly to condemn the errors of Mr. Craighead's book, as 
the General Assembly did in the case of The Gospel Plan of W. C. 
Davis; the process against the author, however, did not commence till 
some time afterward. But, however this may be, the General Assembly 
think that the Synod were in too much haste. It was reasonable that 
Mr. Craighead should have been informed of this transfer of the cause 
to a higher tribunal. 

(d) There is only one other thing in the proceedings on which the 
General Assembly will remark, which is, that statements were given as 
evidence, by the members of Presbytery, which are not recorded, and 



OF APPEALS. 771 

which do not appear to have been given under the usual solemnity of an 
oathr— 1824, pp. 120-122. 

8. The case remitted with instructions. 

a. Resolved, That as the proceedings in the case of Mr. Craighead 
have been, in many respects, irregular, and he has suffered much injury 
from the delay produced by these irregularities: And, whereas, also the 
charges are not so conclusively established as to remove all doubt, the 
General Assembly cannot see their way clear finally to confirm the 
sentence of the Synod of Kentucky, although they are of opinion, that 
Mr. Craighead has subjected himself, by preaching and printing this 
sermon, to just censure. But as Mr. Craighead has had no fair oppor- 
tunity of vindicating himself or of making satisfactory explanations or 
retractions, therefore, 

Resolved, That the whole cause be transmitted to the Presbytery of 
West Tennessee, in the bounds of which Mr. Craighead resides; and 
that they be directed to give him an early opportunity of offering that 
satisfaction which the Church expects, for the offence received; and that 
upon receiving such explanations or retractions as to them shall be satis- 
factory, Mr. Craighead be restored to the Gospel ministry from which he 
had been suspended. — 1824, p. 124. 

[Note.— Mr. Craighead was restored to the ministry by the Presbytery of West 
Tennessee, but died before the next Assembly.] 

b. See complaint of Edward Graham et al. vs. the Synod of the 
Pacific. The irregularities are detailed and the case remanded to the 
Synod with instructions. See Book of Discipline, Chap, v, Sec. xxiv, 
above.— 1881, pp. 586, 587. 

C. In the matter of the complaint of Rev. Edward Graham and 
others, against the Synod of the Pacific, for refusing to sustain the com- 
plaint of Frederic E. Shearer, and others, against the Presbytery of San 
Francisco, for its action in dropping the name of the Rev. John D. 
Strong from its roll, and its proceedings in regard thereto, the General 
Assembly of 1881 found the irregularities and deficiencies in the records, 
both of the Presbytery and of the Synod, so great, and the information 
furnished by the records of both bodies so meagre, that it could not come 
to any intelligent decision. The General Assembly therefore ordered 
" that the complaint be referred to the Synod of the Pacific, with 
instructions to take such action in the premises as the interests of religion 
and the good order of the Church may seem to them to demand ' ' (see 
Minutes, 1881, pp. 586, 587). It now appears that the Synod of the 
Pacific, being in session on the 11th day of October, A.D. 1881, and 
having before it the above-recited action of the General Assembly of 
1881, adopted the following resolutions: 

1. " The Presbytery of San Francisco is hereby instructed to correct 
its records in the case of John D. Strong, by putting on record a minute 
giving reasons for its action in dropping the name of John. D. Strong 
from its rolls." 

2. " The Synod of the Pacific, in the case of the complaint of Rev. 
Frederic E. Shearer and others against the Presbytery of San Francisco, 
hereby corrects the deficiency of its records by adopting the following 
minute or record as its judgment in the case : Resolved, That the Synod 
of the Pacific do not sustain the complaint against the action of the 
Presbytery of San Francisco in the case of John D. Strong, believing 



772 BOOK OF DISCIPLINE, SECT. 99 (5). 

that the action of the Presbytery was, under the circumstances, the best 
course for the interests of religion and the good order of the Church 1 ." 

Against this action of the Synod of the Pacific, complaint is now made 
to the Assembly by Rev. Frederic E. Shearer and seventeen other 
members of that Synod. It appears, therefore, that the Synod of the 
Pacific, while declaring its intention to correct the deficiency of its 
records, did not in any respect correct, but did in reality increase, the 
irregularities in its proceedings, by directing the Presbytery of San 
Francisco to correct its records by giving reasons for its action, and 
thereupon immediately proceeding to assign the reasons for its own action, 
forgetting apparently that, as an appellate judicatory, the Synod must 
await the correction and completion of the record of the Presbytery 
before it could correct its own. Perhaps the irregularity of this action 
is more evident when it is observed that the reason assigned by the 
Synod for not sustaining the complaint against the Presbytery is couched 
in the same language used by the General Assembly of 1881 in its 
instructions to the Synod, and asserts that the action of the Presbytery, 
declared by the General Assembly of 1881 to be so defective and irregu- 
lar, was the best " for the interests of religion and the good order of the 
Church." 

It is difficult to understand how this action could be supposed to satisfy 
the instructions of the General Assembly of 1881; and yet the Commit- 
tee would be very reluctant to infer that the Synod intended to be obedi- 
ent to the letter and disobedient to the spirit of those instructions. But 
the good order of the Church certainly requires that the Synod should 
in a proper manner obey them. And it is manifest that it is no more 
possible for this General Assembly than it was for that of 1881 to reach 
an intelligent decision in the present condition of the records. 

The Committee recommend, therefore, that the complaint be referred 
to the Synod of the Pacific, with instructions to refer the matter to the 
Presbytery of San Francisco, with instructions to that Presbytery to 
proceed in the case in an orderly manner. Adopted. — 1882, pp. 100, 
101. 

9. Unconstitutional acts detailed. The case remanded. 

The Committee to prepare a minute expressive of the sense of the 
Assembly in sustaining the complaint of Rev. J. A. Smylie against the 
Synod of Mississippi, submitted the following, which was adopted, viz. : 

1. That the decision of this Assembly in sustaining the complaint of 
Rev. Mr. Smylie against the Synod of Mississippi is not to be regarded 
as deciding the merits of the original question — that is, the guilt or in- 
nocence of the individual in respect to whom this case originated. 

2. That the Presbytery of Louisiana should have recorded the results 
of the interlocutory meeting referred to in the complaint. 

3. That the Synod acted unconstitutionally in permitting the Presby- 
tery of Louisiana to vote on the adoption of the report of the Judicial 
Committee on the complaint of Rev. Mr. Smylie. 

4. That the Synod should have placed on its records the above-men- 
tioned report. 

5. That the Presbytery of Louisiana erred in pleading the limitation 
of time for their non-compliance with the resolution of the Synod, 
referring this whole case to them for a full investigation. 

6. That the case be remanded to the Presbytery of Louisiana accord- 



OF APPEALS. 773 

ing to the resolution of the Synod, for such action as is demanded by 
the Book of Discipline. 

7. That the decision of the Assembly, together with the foregoing 
minute, be recorded in the minutes of the Synod of Mississippi and of 
the Presbytery of Louisiana. — 1850, p. 481, O. S. 

10. Referred back by consent of parties. 

Judicial business No. 9, reported by the Judicial Committee, viz., the 
complaint of Alexander M. Cowan against the Synod of Utica, was 
taken up and the complaint read, when, with the consent of Mr. Cowan 
and the members of the Synod present, it was 

Resolved, That the subject be referred back to the Synod of Utica; 
and they are hereby directed to issue the case as referred to them by the 
Presbytery of Otsego.— 1834, p. 434. 

11. Discretion of a judicatory is not subject to review. 

They had the right to send the case back to the Presbytery or to 

review the whole of it, according to their discretion. It is not for this 

court to decide which would have been the wiser course. The Synod 

judged it best to review the whole case, and their discretion is not a 

matter of review by this body. — 1864, p. 475, N. S. 

[Note. — Case of S. Edwards Todd. See also Book of Discipline, Sec. lxxxiii, 7 and 
8 ; the misuse or abuse of discretionary power is reviewable ; see Book of Discipline, 
Sec. xii, p. 638.] 

12. Remitted on the recommendation of the Judicial Committee. 

a. Also, a complaint of Christian Kern and others of the First Pres- 
byterian church of New Orleans. 

The Committee recommend that it be again referred to the Presbytery 
of New Orleans, with the injunction that the complainants be allowed a 
hearing. Adopted. — 1871, p. 547. 

b. The Judicial Committee reported an appeal of the Rev. Francis 
M. Dimmick from the Presbytery of Missouri River, recommending 
that the papers in the case be returned to the parties presenting them, 
that they may be adjudicated by the Synod of Iowa South. 

The recommendation was adopted. — 1872, p. 50. 

C. The Judicial Committee reported a complaint of the Rev. Christian 
Kern against the Presbytery of New Orleans. The Committee recom- 
mend that the complainant be referred to his Synod for redress. 

The report was adopted. — 1872, p. 84. 

13. In passing judgment a judicatory may not open a case 
already settled. 

Judicial Case No. 11 is the appeal of Dr. Thomas F. Worrell against 
the Synod of Illinois, together with the complaint of the Rev. Isaac A. 
Cornelison against the same Synod. 

The Committee report that the appeal and complaint relate to the same 
matter, and they recommend that they be tried together as one cause. 

The papers are in order, and the case is ready for trial. 

The Committee find, further, that the Synod, in a minute expressing 
its judgment in a case then pending, to which Dr. Worrell was a party, 
adopted the following as a part of their judgment: "And, further, inas- 
much as this trial grew out of a previous one with Dr. Worrell, in which 
the adjustment partook of the nature of a compromise, and certain irregu- 



774 BOOK OF DISCIPLINE, SECT. 99 (5). 

larities which are not constitutional ; and as the ends of discipline were not 
accomplished in the case of Dr. Worrell, the Session of that church 
should review their proceedings in his case. ' ' This part of the minutes 
is the subject-matter of the appeal and complaint. In the judgment of 
the Committee, it was not competent for the Synod, when judicially 
determining one case, to open another case already settled and deter- 
mined; this last case having been adjusted two years before, and the 
record of the adjustment having already passed before Synod by way of 
review and control. The Committee, therefore, recommend that the 
appeal of Dr. Worrell be sustained. The complaint of Mr. Cornelison 
being to the same effect is determined by this judgment on the appeal. — 
1863, p. 67, O. S. 

14. The decision sustains the lower judicatory in part, but a person 
once restored can be condemned again only by new process and 
conviction. 

The appeal of the Presbytery of Onondaga, from a decision of the 
Synod of Geneva, relative to the restoration of the Rev. John Shepherd 
to the Gospel ministry, who had been deposed by the Association of 
Fairfield, Conn. The following resolutions were adopted, viz. : 

Resolved, 1. That the decision of the Synod of Geneva relative to the 
restoration of the Rev. John Shepherd to the office of the Gospel minis- 
try, so far as it censures the restoration of said Shepherd, who was 
deposed by a judicatory of the Church of Christ in fellowship with us, 
be and hereby is confirmed; because it did not appear from the records 
of the Presbytery of Onondaga, that said restoration took place in con- 
sequence of any confession of the alleged crime for which the said Shep- 
herd was deposed, or of any profession of penitence for it, or of any 
conference with the judicatory which deposed him. 

2. That the appeal of the Presbytery of Onondaga, so far as it relates 
to the rescinding of their vote to restore the Rev. John Shepherd, be and 
hereby is sustained on the second reason of appeal, and upon that alone; 
because the Assembly judges that a minister of the Gospel, when once 
restored by Presbyterial authority, cannot be deprived of his office, 
except it be by a new process and conviction. — 1818, p. 687. 

15. The decision reverses all the judicatories below and restores 

the appellant. 

The Assembly took up the appeal of Dr. John Rollins from a decision 
of the Synod of West Tennessee, affirming a decision of the Presbytery 
of Mississippi, affirming a decision of the Session of the First church 
of New Orleans, by which he had been excluded from the privileges of 
the church 

The final vote was taken when the appeal was sustained, and the 
decision of the Synod was reversed, and Dr. Rollins was restored to the 
privileges of the church. — 1830, p. 307. 

16. The decision declares and decides the several issues involved. 

The Committee appointed to express the judgment of this Assembly 
on the memorial and complaint of the Session of the Fifth church of 
Philadelphia, recommended the adoption of the following resolutions, 
which were accordingly adopted, viz. : 

1. Inasmuch as the act of the Synod of Philadelphia, uniting the 
Second Presbytery of Philadelphia to the Presbytery of Philadelphia, 



OF APPEALS. 775 

was in contravention of the act of the General Assembly passed in 
1832, by which that Presbytery was erected, and inasmuch as the act of 
the Synod aforesaid, by an appeal, was to be reviewed and acted on, by 
the next General Assembly; therefore, 

Resolved, That the complainants of the Fifth church erred in chang- 
ing their Presbyterial relation, and uniting with the Second Presbytery of 
Philadelphia Synodical. 

2. While Presbyteries have the right, according to the Constitution, 
to visit the churches under their care, to take measures to correct any 
evils that may exist in them, nevertheless, as in this case, the Session 
presented no request, and there was no apprehension that the pulpit 
would not be supplied, the Assembly think the Second Presbytery erred 
in insisting on the right to supply the pulpit of the Fifth church under 
the then existing state. 

3. As the majority of the Session felt themselves constrained to leave 
their house of worship, and were accompanied by a large number of the 
communicants, and as they had a show of reason for applying to the 
Second Presbytery Synodical, by the act of the Synod of Philadelphia 
forming that Presbytery, the decision of the Second Presbytery in 
declaring the four elders no longer elders of the Fifth church under their 
care, if designed to affect either their character or their standing, is 
hereby declared to be void. 

4. In the opinion of this Assembly, the entire Fifth church is under 
the care of the Second Presbytery of Philadelphia, and it is hereby 
declared to be an integral part of it. — 1834, p. 452. 

17. The decision restores the status quo. 

The appeal and complaint of Thomas Bradford, Esq., and others 
against a decision of the Second Presbytery of Philadelphia, dividing 
the Fifth Presbyterian church in Philadelphia into two churches. 

The question was put, " Shall the appeal and complaint be sustained ?" 
and was carried in the affirmative. 

Whereupon it is ordered and decreed by this General Assembly that 
the act and decision of the Second Presbytery of Philadelphia, which 
divides the Fifth Presbyterian church of the city of Philadelphia into 
two distinct churches be and the same is hereby reversed ; and the said 
Presbytery is hereby directed to restore to the Session of said church the 
book of minutes of said Session. — 1835, p. 478. 

18. A superior judicatory may not compel an inferior to reverse 
its decision without assigning reasons. 

a. The report of the Committee on the Records of the Synod of 
Pittsburgh, as amended, was adopted as follows: 

Your Committee would respectfully report that the records have been 
well kept, and are in good order. 

And would further report that on pages 214 and 215 we find this 
minute: " The Judicial Committee report," etc., etc. (See Minutes.) 

The case appears to have been taken up, and the parties heard ; and 
on page 227 it is recorded, " The complaints," etc., etc.; also, "A 
Committee," etc. ; and on page 231, " The report of said Committee," 
" In not sustaining," etc. We also find, on page 227, this minute, 
' ' The Committee on the Records, ' ' etc. 

With reference to this action, your Committee would respectfully move 



776 BOOK OF DISCIPLINE, SECT. 100. 

the adoption of the following minnte, viz. : Inasmuch as it is contrary to 
the spirit and principles of the Presbyterian Church, and subversive of 
the true design of ecclesiastical discipline, for a superior judicatory to 
compel an inferior court to reverse its decision, rendered after a full, fair 
and impartial trial, without assigning and placing on record some specific 
reason for such reversal, that the records, so far as they relate to this 
point in this case, be disapproved. Adopted. — 1874, p. 86. 

b The Judicial Commission appointed in case No. 5, being the appeal 
of Mrs. M. J. Browning from a decision of the Synod of Geneva, pre- 
sented the following report, which was ordered on record as the judgment 
of the Assembly: 

That the Assembly sustain the appeal: 

1. Because a superior court cannot order an inferior court to re- 
hear a case already decided, when no intimation of additional evidence 
is given. 

2. Because, in sending back the case the Synod passed by the Presby- 
tery, in which the case had once been adjudicated. 

3. Because reference is by a lower to a superior court, and is vol- 
untary and not subject to the order of a higher court. — 1878, p. 34. 

19. The decision explains the true intent of the action complained of. 
Deposition by another denomination after reception to member- 
ship in Presbytery does not impair good standing. 
The General Synod of the Reformed Church in America complained 

against the Presbytery of Philadelphia Central, for the following causes: 

1. The Presbytery, on the 9th of June last, received under its care a 
congregation which had, until that time, been under the care of a Classis 
of the Reformed Church and had been known as the Third Reformed 
church of Philadelphia, and united it with the Western Presbyterian 
church of Philadelphia, giving the new organization the name of Im- 
manuel Church. 

2. On November 17, 1873, the Presbytery received, as a member, 
Rev. Charles Wadsworth, a member until then of the Classis of Phila- 
delphia — the Classis having refused to grant him letters of dismission. 

The delegate of the Reformed Church, as instructed by the General 
Synod, presents these facts to the consideration of the General Assembly, 
alleging that the action of the Presbytery " is not in accordance with 
the friendly spirit of the terms of the correspondence which exists 
between the General Assembly of the Presbyterian Church and the 
General Synod of the Reformed Church." 

The Special Committee reported, and their report was adopted, viz. : 
Your Committee, after attentive study of the case, reach the following 
conclusions : 

1 . There is no reason to think that the Presbytery had any disposition 
to encroach upon the province of the Classis, or to disturb either the 
pastoral or ecclesiastical relations of one of its congregations. 

They appear simply to have been willing to receive, in brotherly love, 
a congregation and a minister who wished to come to them from a sister 
Church, to whose judicatory no unkindness and no discourtesy was 
intended, and with which the Presbytery desired the most cordial fellow- 
ship. 

2. The Presbytery seems to us to have erred in not directly consulting 
the Classis, so as to make sure that there had been no mistake as to the 



OF APPEALS. 777 

facts, and that the fraternal spirit in which the Presbytery desired to act 
might have been manifest to the Classis from the beginning. 

3. While we regret this unintended lack of courtesy on the part of 
the Presbytery, we cannot deny the right of a congregation or of a minis- 
ter to withdraw from the jurisdiction of either a Classis or Presbytery for 
reasons such as those alleged in this case. To forbid this would seem to 
us " not in accordance with the friendly spirit of the terms of the corre- 
spondence" between the two bodies, and an injurious abridgment of 
congregational and ministerial liberty. 

4. The question of property is to be left to the civil tribunal. The 
Assembly exhorts the congregation to submit it frankly and unreservedly 
and by no means to imperil spiritual interests by protracted or strenuous 
litigation. 

5. The Assembly cannot regard the act of the Classis, in deposing 
Mr. Wadsworth, after his reception to membership in the Presbytery, in 
the state of facts already recited, as impairing his good standing in the 
Church and the ministry. — 1874, pp. 62, 63. 

C. When the judgment directs admonition or rebuke, notice of Appeal 
shall suspend all further proceedings ; but in other cases the judgments 
shall be in force until the Appeal is decided. 

1. An appeal arrests all further proceedings until it be issued. 

It moreover appears that the General Assembly of the year aforesaid, 
having adopted the protest of the members of the Synod of Kentucky 
as their own act, did declare that Mr. Craighead had been deposed, 
whereas the decision of the Synod was suspension; and although the 
Synod did direct the Presbytery to which Mr. Craighead belonged to de- 
pose him, if he did not at their next stated meeting, retract his errors, 
this sentence could not have been constitutionally inflicted, because Mr. 
Craighead appealed from the decision of Synod ; the effect of which was to 
arrest all further proceedings in the case until the appeal should be tried; 
therefore, the sentence of the Assembly declaring Mr. Craighead deposed 
does not accord with the sentence of the Synod, which was suspension. 
—1822, p. 52. 

[Xote. — Where the case is continued at the request of the appellant, the sentence 
remains in full force until the case is issued.— 1858, p. 580, N. S. See Sec. xcvii, above, 
case of C. H. Baldwin, p. 737.] 

2. Interpretation of Section 100. 

The Judicial Commission appointed by the General Assembly to try 
Judicial Case No. 7 reports for approval its judgment upon the following 
questions of Constitution and law: 

1. According to Sec. 100 of the Book of Discipline, " When the judg- 
ment directs admonition or rebuke, notice of appeal suspends all further 
proceedings, but in other cases" (viz., when the judgment directs sus- 
pension, deposition or excommunication, see Sec. iv) " the judgment 
shall be in force until the appeal is decided," and this we interpret to mean 
until it is finally decided by the highest judicatory to which the case is 
carried. 

2. After a Synod or a Commission of Synod, sitting as a court for the 
trial of a case, has concluded the case, and adopted its final judgment, 
and the same is a matter of record, it is not competent for the Synod in 



778 BOOK OF DISCIPLINE, SECT. 100-101. 

ordinary session and not constituted as a court, to interpret the judgment 
or in any way to modify it. Approved. — 1896, p. 151. 

3. To proceed to trial while the appeal is pending is unconstitu- 
tional and void. The Assembly and not the inferior judicatories 
is the judge of the question of constitutionality. 

Appeal of John W. Chambers vs. the Presbytery of St. Clairsville. 
In this case, Mr. Chambers gave notice of appeal and complaint, which 
is duly certified by the Stated Clerk of the Synod of Ohio as having 
been lodged in due time. A copy of the appeal, etc., and reasons are 
annexed. 

In this case the Judicial Committee are not able, from the record, or 
from the papers of the appellant, to decide that the decision of the 
Synod was irregular in the respects specified. But it appears from the 
accompanying papers that the Session of the church at St. Clairsville 
proceeded at once to cite the appellant to appear for trial notwithstand- 
ing the fact that he had notified them of the fact that he had taken an 
appeal from the decision of the Synod, on the ground of the irregularity, 
i. e., unconstitutionality of its action. The Assembly, not the inferior 
judicatories, is the judge of the question of constitutionality. The 
Committee recommend that the appeal be dismissed, and that the 
proceedings of the Synod be approved; but that the action of the Ses- 
sion of the church of St. Clairsville, in proceeding to trial, while the 
appeal was pending, is unconstitutional and void. — 1890, p. 130. 

4. Suspension is continued until the issue of the appeal, which 
must be at the next meeting of the judicatory above. 

T. F. Worrell requested the Assembly to answer the following ques- 
tion, viz., Whether, when a person is suspended from the church by a 
Session, and restored by the Presbytery, the notice of appeal by the Ses- 
sion continues the person under suspension ; and if so, how long can such 
suspension be continued without the appeal being issued ? 

The Committee recommend that the following answer be returned, viz. : 
That the notice of appeal does continue the person under suspension until 
the appeal is issued, which must be at the next meeting of the upper 
court. 

The recommendation was adopted. — 1862, p. 597, O. S. 

5. An appeal against certain action does not debar the judicatory 
from acting upon the continued disturbed state of the Church. 
The question of a dissolution of the pastoral relation between Dr. 
McPheeters and the Pine Street church was originally brought in an 
orderly manner before the Presbytery, by petition from a minority of said 
church, and a personal tender of resignation by the pastor, and after all 
the constitutional steps were taken with care and deliberation was decided 
by the Presbytery acting for the peace and welfare of the church. 

That which was called an appeal and complaint to Synod from that 
action could not so suspend all further proceedings as to prevent the 
Presbytery from considering and acting upon the continued disturbed 
state of that congregation. — 1864, p. 327, O. S. 

[Note. — See Form of Government, Chap, x, Sec. viii. Also Book of Discipline, 
Sec. lxxxv. One-third of a judicatory can suspend the operation of a complaint in 
cases non-judicial. See p. 717.] 



OF APPEALS. 779 

6. "Where a Session is dissolved an appeal continues the rights of 
the elders as to the higher judicatories until it is issued. 

An overture from the Presbytery of Louisville: 

" When, by an act of Presbytery, a church Session is dissolved, and 
the elders composing said Session are ordered to cease any longer to exer- 
cise their office, does an appeal from this action to a higher court, by 
said elders, secure to them the right to sit in the various judicatories of 
the Church until said appeal is decided ?' ' 

Answer: The effect of an appeal is to continue all the rights of the 
elders, as to representation in the higher courts, until the appeal is finally 
issued by the higher judicatories. Adopted. — 1881, p. 587. 

[Xote. — Under the present Book this could be entertained as a complaint only, in 
which case Sec. lxxxv, p. 717, provides that one-third of the members may stay the 
execution of the decision until the final issue of the case.] 

CI. The judicatory whose judgment is appealed from shall send up its 
records, and all the papers relating thereto, and filed with the record. 
If it fails to do this, it shall be censured ; and the sentence appealed from 
shall be suspended, until a record is produced on which the issue can 
be fairly tried. 

1. Copies made by the appellant not sufficient. The records or 
authenticated copies required. 

That by the " forms of processes," etc., Mr. Bourne ought to be 
" allowed copies of the whole proceedings " in his case; yet " the judi- 
catory appealed from ' ' is, by the same rules, ' ' to send authentic copies 
of the whole process;" his copy, therefore, which he says was taken by 
himself, but is not shown to the Assembly, is not sufficient; his affidavit 
is not required by the course of proceeding in this body ; and the three 
papers presented by him are not to be considered as the commencement of 
a cause, or the entry of an appeal in this judicatory. Nevertheless, Mr. 
Bourne shall not suffer any inconvenience which the Assembly can pre- 
vent on the account of any failures of the inferior judicatories, if a 
default should in future appear on their part, the evidence of such 
circumstance being not as yet made clear to this Assembly. — 1816, p. 627. 

2. On the failure of the judicatory to send up authenticated 
copies of the testimony, the appeal is sustained. 

The Committee appointed to prepare a minute on the decision of the 
Assembly sustaining the appeal of Mr. Pope Bushnell from a decision of 
the Synod of New York, affirming the decree of the Presbytery of Hud- 
son, by which the said Mr. Bushnell had been suspended from the 
privileges of the Church, made the following report, which was adopted, 
viz. : 

That the appellant, having given due notice that he did appeal, 
appeared regularly before the Assembly ; and that while the Presbytery 
and Synod have sent up their records in the case, neither has forwarded 
to this Assembly an authentic copy of the testimony taken on the trial. 
The Assembly did therefore decide that Mr. Bushnell' s appeal be and it 
hereby is sustained, so that he is restored to all his rights and privileges 
as a member of the Church of Christ. — 1826, p. 187. 



780 BOOK OF DISCIPLINE, SECT. 101. 

3. Where judicatories fail to send up documents the case is 

remanded. 

It appearing from the official certificates of the Stated Clerks of all 
the courts below that important documents in evidence before the Session 
which first tried the case were not sent to the Presbytery and Synod, it 
is therefore 

Ordered, That this case be sent back to the Presbytery of Charleston 
for a new trial, and that the Session of the church of Columbia be 
directed to correct their record and to send to Presbytery an authentic 
copy of all the evidence and all the documents before them. — 1843, p. 
186, O. S. 

4. The judicatory directed to perfect its records and send up to the 
Assembly its reasons for the action complained of. 

Complaint of the Rev. Dr. N. West against the Synod of Minnesota. 
Dr. West complains against the Synod of Minnesota for its refusal to 
entertain a complaint against the Presbytery of St. Paul on certain 
grounds stated in his complaint. Our Book requires that the judicatory 
whose judgment is appealed from shall send up its records, and all the 
papers relating thereto, and filed with the record, and failing to do so the 
sentence appealed from shall be suspended until a record is produced on 
which the case can be fairly tried. 

In view of the fact that the Synod of Minnesota has failed to record 
its reasons for rejecting the complaint of Dr. N. West, and also that the 
records in the case are otherwise incomplete, your Committee recommend 
that the hearing of the complaint be deferred to the next General Assem- 
bly and that in the meantime the Synod of Minnesota be directed to 
perfect the records and to forward to the next General Assembly the 
reasons for their action in the matters complained of by Dr. West, and 
that the Synod shall furnish him with a copy of all new matter. — 1889, 
p. 110. 

5. Judgment suspended until a record is supplied on which the 
issue may be tried. 

1. The appeal of Rev. John Peacock against the action of the Synod 
of Pennsylvania, in the matter of the complaint of Rev. John Peacock 
against the action of the Presbytery of Philadelphia North. Your 
Committee find that the Synod of Pennsylvania considered and acted 
upon said complaints, but failed to record their subject-matter. This 
defect in the minutes makes it impossible for the Assembly to determine 
whether there is any constitutional question involved in the case, or 
whether the reasons assigned for the appeal are valid. It is recom- 
mended, in accordance with Sec. ci, of the Book of Discipline, that the 
judgment appealed from be suspended until a record is produced on 
which the issue can be fairly tried. 

2. The complaint of Rev. William P. White against the Synod of 
Pennsylvania relates to the same action as the appeal of Rev. John 
Peacock and is obscured by the same defect in the record. It is recom- 
mended that action be deferred. The hope is expressed that the case 
may be satisfactorily issued by the Synod of Pennsylvania, and that 
there may be no occasion for a renewal of the appeal or the complaint. 
—1889, p. 110. 



OF APPEALS. 781 

6. In the absence of papers referred to in the records and of attested 
copies of the charges, the case postponed. 

The Judicial Committee reported No. 1, the complaint of James Rus- 
sell against the Synod of Georgia. 

It appears to the Committee that Mr. Russell has conducted his com- 
plaint in due form, but the Synod has failed to furnish the documents 
needful to its prosecution. The minutes of Synod are present, and 
complainant has furnished attested copies of minutes of Presbytery and 
of the testimony of witnesses examined. But we have still no attested 
copy of the charges which had been the basis of the original trial, nor 
of sundry papers referred to in the Presbytery's records, and which had 
been received as testimony. The Committee recommend to the Assembly 
the adoption of the following resolutions in the case: 

Resolved, 1. That the Synod of Georgia be directed to send up to the 
next Assembly authenticated copies of all their records, and of the whole 
testimony relating to the matter of the complaint, together with their 
reasons for not sending up the papers to this Assembly, unless the case 
shall be previously adjusted. 

Resolved, 2. That all the papers received from the complainant be 
returned to his own custody. Adopted. — 1852, p. 212, O. S. 

7. Case remanded with directions as to procedure and as to the 

records. 

Appeal of Heber Donaldson against the Synod of Erie. 

The Assembly finds that there are two branches to this case: the first 
involving questions of jurisdiction; and the second, the merits of the 
case. This Assembly is not now able to determine either of these ques- 
tions, on account of the meagreness of the records, and on account of 
certain irregularities which are alleged to have occurred in the trials 
below. Therefore the Assembly, reserving its judgment, both on the 
questions of jurisdiction and the merits of the case, hereby remands the 
whole case to the Session of the church at Emlenton, with the direction 
to table new charges with adequate specifications, and cite the accused to 
answer, taking care that the specifications, if confessed, or, if they are 
denied, the evidence, shall show a case which will justify the judgment 
they may render. And the Session are instructed to conduct the trial 
in exact accordance with the Book of Discipline, and make a clear and 
full record of all their proceedings in the case. 

The report of the Committee was adopted. — 1882, p. 107. 

8. In the absence of records the Synod censured and the case 

postponed. 

Complaint of Smiley Shepherd vs. the Synod of Illinois. The records 
of the Presbytery of Bloomington, necessarily involved in the case, 
being absent, the Committee recommend that the Synod be censured for 
neglecting to send up the records, and that the case be deferred for trial 
until the records appear. Adopted. — 1861, p. 304, O. S. 

9. The case dismissed and the papers returned. 
The Commission on " a complaint of Rev. James "W. Wightman and 
others vs. the Synod of Pittsburgh " reported, recommending that, as all 
the papers are not before the Commission, be it 



782 BOOK OF DISCIPLINE, SECT. 101-102. 

Resolved, 1. That the attention of the Synod be called to the Book of 
Discipline (Old), Chap, vii, Sec. iii, Sub-sec. xvi. 

Resolved, 2. That the case be dismissed and the papers returned. 
The report was adopted. — 1874, p. 47. 

10. Where the absence of papers is the fault of the defendant, the 
case dismissed and the judgment affirmed. 

Complaint of J. G. Monfort, D.D. , et at. vs. the Synod of Cincinnati. 
It appearing from the minutes of the Presbytery that its judgment and 
action were correct upon the facts stated therein, and there being no 
showing of any other facts in the minute of the Synod whereon to rest 
its action, and the absence of the papers (if there are any) being the 
fault of the Synod, your Committee recommend that the proceedings be 
dismissed and the judgment of the Presbytery stand affirmed. Adopted. 
—1867, p. 331, 0. S. 

CII. Appeals are, generally, to be taken to the judicatory immediately 
superior to that appealed from. 

1. Appeals may be carried directly to the Assembly. 

a. That inasmuch as the request of Mr. Bourne to be tried on an 
appeal before the General Assembly rather than the Synod may be 
reasonable, and inasmuch as the words of our Constitution, viz., " The 
Assembly shall receive and issue all appeals and references which may 
be regularly brought before them from the inferior judicatories," etc., 
have been interpreted favorably to such a request, the General Assembly 
do order, that a certified copy of the records of the Lexington Presby- 
tery in this case be duly made, and transmitted to the next Assembly, 
unless the Synod of Virginia, to which the Assembly can have no objec- 
tion, shall have previously received the appeal. [But that this constitu- 
tional question, as well as the merits of the case, shall remain open for 
discussion at that time.] — 1816, p. 626. 

b. Resolved, That the records of the Synod of Virginia be approved, 
except their censure of the Presbytery of Lexington for allowing an 
appeal from their decision directly to the Assembly, without noticing the 
supposed irregularity of such appeal. — 1818, p. 688. 

C. The Committee, on an overture from the Presbytery of Baltimore, 
in relation to the practice of inferior judicatories in carrying appeals and 
complaints directly to the General Assembly, without first bringing them 
to their respective Synods, made the following report, which was 
adopted, viz. : That the Constitution of our Church is so explicit that it 
requires no order of the Assembly in relation to the case brought to 
view in this overture. — 1833, p. 396. 

d. The order of the day, viz., the consideration of Mr. Rowland's 
motion to refer to the Synod of New York, the adjudication of the 
appeal of Louis Tappan, was taken up. The motion to refer the case 
to Synod was lost. The Assembly then decided to hear the case. — 1839, 
p. 56, reprint, N. S. 

e. An appeal by the Rev. William W. McLane, from a decision of 
the Presbytery of Steubenville. The Committee report that they find 



OF APPEALS. 783 

the case in order. The appellant was tried by the Presbytery at the 
spring meetings held in Augusta and "Wellsville, O., in the months of 
April and May, 1883, on the charge of heresy. The Presbytery 
sustained the charge, and suspended the appellant from the Gospel minis- 
try. Dr. McLane appeals directly to the General Assembly, and asks 
that the case be taken up and issued by this Assembly. Chap, vii, Sec. 
iii, Sub-sec. vi, of the Book of Discipline (Old), is as follows: "Ap- 
peals are generally to be carried in regular gradation from an inferior 
judicatory to the one immediately superior." 

Your Committee do not find, in the reasons given by the appellant, 
sufficient cause to warrant them in recommending to the Assembly a 
departure from the above rule of our Book of Discipline, by granting 
the request of the appellant ; they, therefore, recommend that the papers 
in the case be referred to the Synod of Ohio. — -1883, p. 597. 

[Note. — This report was not adopted, but was referred back to the Judicial Com- 
mittee, "to prepare and issue the case before the Assembly." — 1883, p. 617.] 

The Judicial Committee presented a report in Judicial Case No. 1, 
reporting the case in order, and recommending the steps to be pursued in 
issuing it. They also presented a written request from the appellant, the 
Rev. William W. McLane, that he have leave to withdraw his appeal 
against the action of the Presbytery of Steubenville. The request was 
read, and it was Resolved, That the appellant have leave to withdraw his 
appeal.— 1883, p. 629. 

f. An appeal of the Rev. Jared M. Chavis, a member of the Presby- 
tery of Atlantic, from the decision of the Presbytery, upon charges 
brought against him for alleged immorality. 

From the certified copy of the decision, sent up by the Presbytery, it 
appears that the charges were not investigated on the merits, but failed 
of trial because of the refusal of witnesses to attend and testify; and 
for this cause the Presbytery decided to drop the case against the Rev. 
J. M. Chavis as charged in the indictment. But in the recital of the 
charge, and the facts grounding the decision, the Presbytery insert an 
opinion in the following words: .... 

Your Committee are of the opinion that the Presbytery erred in 
incorporating such an opinion in their decision, in the absence of all 
testimony to justify the same. 

Your Committee are of the opinion that the appellant has shown a 
sufficient reason for bringing this appeal to the General Assembly, with- 
out first going to the Synod of Atlantic. 

After discussion, the Assembly directed that the case be referred to the 
Synod of Atlantic, with instructions to take the proper action in the 
premises. Adopted. — 1884, pp. 107, 108. 

g. Case of Charles A. Briggs, D.D. The minority report was read 
and laid on the table. The Moderator also announced that the only 
remaining part of the majority report which had not been adopted was, 
" Third, that in the judgment of the Committee, the appeal should be 
entertained, and a time set apart for the hearing of the case." This 
part of the majority report was then adopted, carrying in the affirmative 
the question of the entertainment of the appeal. — 1892, p. 119. 

The court then proceeded to vote; the question being, " Shall the 
appeal be entertained ?' ' 



784 BOOK OF DISCIPLINE, SECT. 102. 

The vote was taken by ayes and noes, and was ordered to be recorded. 
The ayes were 410, the noes 145.— 1893, p. 95. 

[Note. — The appeal in this case was directly from Presbytery to Assembly. The 
principle as to appeals guiding the Assembly seems to be that where there is no 
sufficient reason for passing by the next superior court, the case should go there. 
But where good reasons for carrying it directly to the Assembly are assigned, it will 
be entertained.] 

2. Appeals dismissed because not first brought in the lower judicato- 
ries and no sufficient reasons given. 

a. The Judicial Committee made the following report on the complaint 
of the Presbytery of Philadelphia against the Presbytery of Columbia, 
relative to the licensure of Mr. Samuel Shaffer, which was adopted, viz. : 
That it is a desirable thing to prevent the unnecessary accumulation 
of business before the General Assembly ; that no good reason appears 
why the Synod of Albany, who must be entirely competent to issue the 
complaint, should be passed by, and that, therefore, in their judgment, 
the matter ought to go before that body. — 1828, p. 237. 

b. The Judicial Committee made a report in relation to the appeal of 
Mr. Matthew H. Rice, from a decision of the Presbytery of East Hano- 
ver, which was adopted, and is as follows, viz. : 

That the appellant had leave to withdraw his appeal on the following 
ground, viz., no reasons are assigned by the appellant for making this 
appeal to the General Assembly instead of the Synod. — 1830, p. 298. 

C. The Judicial Committee reported two appeals of Samuel Lowrey; 
the first from a special decision of the Session of the Second Presbyte- 
rian church of Cincinnati ; the second from a decision of the Presbytery 
of Miami. These appeals were dismissed because the appellant had not 
prosecuted his appeals before the inferior judicatories. — 1822, p. 36; 
1833, p. 409; 1834, p. 432; 1826, p. 187; 1859, p. 516, O. S. ; 1860, 
p. 46, O. S. 

d. Case of Rev. W. M. White vs. the Presbytery of Washington. 
From the papers before the Committee it appears that Mr. White was 
suspended from the ministry, and excluded from the communion of the 
Church by the Presbytery of Washington at its sessions in November, 
1870; that since that time he has resided within the bounds of the Pres- 
bytery of Pittsburgh, and that he made application to the Presbytery of 
Washington, at its sessions in April, 1873, for a dismission, with a certi- 
ficate of his standing, to the Presbytery of Pittsburgh. This request 
the Presbytery of Washington declined to grant ; and, respecting their 
decision, have come into the hands of your Committee, 1. A complaint 
of Rev. W. M. White; 2. A complaint of Revs. David McKinney and 
Richard Lea, resident in Pittsburgh ; 3. A petition, signed by ministers 
and church members, living in and near the city of Pittsburgh, praying 
that the decision of the Presbytery of Washington may be reversed, 
together with the answers of said Presbytery to these complaints. 

The complaints have not been before the Synod, with which these 
Presbyteries are connected, for the alleged reason that there has been no 
meeting of the Synod since the action of Presbytery, and the complain- 
ants prefer not to wait until the session of the Synod in the autumn. 
Your Committee, however, do not see sufficient cause in this case for 
departure from the rule of our Book of Discipline (Old), Chap, vii, 
Sec. iii, viz. : " Appeals are generally to be carried in regular gradation 
from an inferior judicatory to the one immediately superior " — and there- 



OF APPEALS. 785 

fore recommend that all the papers in the case be referred to the Synod 
of Pittsburgh. Adopted.— 1873, p. 508. 

e. Complaint of Nathaniel West against the Presbytery of Cincin- 
nati. The Committee recommend: That as no sufficient reasons for 
direct complaint to the General Assembly have been presented, the 
complaint be referred to the Synod of Cincinnati. Adopted. — 1877, p. 
576." 

f. In the case of the complaints of ( 1 ) Nathaniel West and Thomas 
H. Skinner against the Presbytery of Cincinnati, for an alleged decision 
against the said West; (2) the same, against the same, for adopting a 
resolution of its Judicial Committee; (3) E. D. Ledyard and others 
against the same for the same proceeding; and (4) Thomas H. Skinner 
and others against the same for not sustaining the charges against the 
Rev. W. C. McCune — the Committee recommend that, as the reasons 
for direct complaint to the General Assembly, as presented to the Com- 
mittee, and in their hands, are deemed insufficient ; and as the constitu- 
tional jurisdiction and rights of the Synod over its lower courts are* to 
be sacredly respected; therefore, these several complaints be referred to 
the Synod of Cincinnati. Adopted. — 1877, pp. 575, 576. 

g. A complaint by Nathaniel West, Thomas H. Skinner, J. P. E. 
Kumler and L. H. Long, of certain action taken by the Presbytery of 
Cincinnati, at their meetings, December 7 and 23, 1878. 

Also, a complaint by Nathaniel West, of action taken by the Presby- 
tery of Cincinnati, at their meetings, April 9 and 10, 1879. 

In respect to these two complaints, the Committee recommended that, 
as the reasons presented by one of the complainants for himself and 
the others, for direct complaints to the Assembly, are deemed insufficient, 
and as the constitutional jurisdiction of the Synod over its lower judica- 
tories is to be carefully guarded and sacredly respected ; therefore, these 
complaints be referred to the Synod of Cincinnati, to which they should 
have been taken, according to the provisions of the Book of Discipline 
(Old), Chap, vii, Sec. iii, Sub-sec. vi. 

The Rev. Nathaniel West, D.D., presented a paper setting forth the 
reasons of the complainants for making direct complaint from the Pres- 
bytery of Cincinnati to this Assembly, which was read. 

After which the report of the Judicial Committee was adopted.-^- 
1879, p. 631. 

3. Where there is no common relation a complaint is allowed. 

Judicial Case No. 3, being a complaint of the Third Presbytery of 
Philadelphia against the Presbytery of Luzerne, for an alleged invasion 
of Presbyterial jurisdiction. The case is brought before the Assem- 
bly, because of these Presbyteries having had no common Synodical 
relations. 

The Committee propose that the new Synod take up the case, and that 
the Presbytery of Luzerne cease all action until the Synod decides. — 
1870, p. 27. 

[Note. — See Book of Discipline, Sees, exxi-exxiii, " Of Differences between Judica- 
tories."! 

50 



786 BOOK OF DISCIPLINE, SECT. 103-105. 

CHAPTER X. 
OF DISSENTS AND PROTESTS. 
CIII. A Dissent is a declaration of one or more members of a minor- 
ity in a judicatory, expressing disagreement with a decision of the major- 
ity in a particular case. 

1. Dissent entered without reply. Dissent with reasons is a 
virtual protest. 
Had the dissent been offered without reasons, and simply as a record of 
the vote of the dissenters, it would have been entirely proper to enter 
it on the minutes of the Assembly without reply. It would then have 
been in the nature only of a record in part of ayes and nays. But, as it 
is accompanied with reasons, it is virtually a protest. — 1872, p. 85. 

CIV. A Protest is a more formal declaration, made by one or more 
members of a minority, bearing testimony against what is deemed a mis- 
chievous or erroneous proceeding, decision, or judgment, and including a 
statement of the reasons therefor. 

1. The right to protest for the relief of conscience. 
That any member or members, for the exoneration of his or their 
conscience before God, have a right to protest against any act or pro- 
cedure of our highest judicature, because there is no further appeal to 
another for redress; and to require that su^h protestation be recorded in 
their minutes. And as such a protest is a solemn appeal from the bar of 
said judicature, no member is liable to prosecution on account of his 
protesting. Provided always, that it shall be deemed irregular and 
unlawful to enter a protestation against any member or members, or to 
protest facts or accusations instead of proving them, unless a fair trial be 
refused, even by the highest judicature. And it is agreed that protesta- 
ions are only to be entered against the public acts, judgments or determi- 
nations of the judicature with which the protestor's conscience is offended. 
—1758, p. 286. 

2. The dissent or protest must be entered before the rising 
of the Assembly. 

Any member who may think himself aggrieved by a decision of the 
General Assembly, shall have Ins dissent, or protest, with his reasons, 
entered on the records of the Assembly, or filed among their papers, if 
given in before the rising of the Assembly. — 1822, p. 44. 

3. A protest arguing the case is refused. 

Dr. Martin presented and read a protest against the decision made in 
his judicial case, when, on motion of the Rev. D. J. Waller, it was 

Resolved, That Dr. Martin's protest is only such in name, while it is 
in reality an argument of the case which the Assembly has refused to 
hear, as not regularly before it, and that he therefore have leave to 
withdraw the same. — 1865, p. 592, O. S. 

4. The protest must confine itself to the reasons on which it is 

founded. 

The appropriate business of the protestants was simply to give the 
reasons on which their protest was founded, not to answer the arguments 



OF DISSENTS AND PROTESTS. 787 

of individuals in debate, for which the Assembly is not responsible. — 
1844, p. 382, O. S. 

5. A protest calls attention to the action protested against. 

The records of the Synod of New Mexico were approved with the 
following exceptions: .... 

2. On page 20 it is noted that the Synod took no action on the protest 
presented by Revs. J.J. Gilchrist and T. M. Marshall against the action 
of the Presbytery of Arizona, with reference to the appointment of a 
Committee outside of its bounds to organize a church. — 1892, p. 200. 

CV. If a Dissent or Protest be couched in decorous and respectful 
language, and be without offensive reflections or insinuations against the 
majority, it shall be entered on the records. 

1. Protests admitted to record without answer. 

a. Dr. Stuart Robinson read a protest signed by himself and others, 
against the adoption of the paper of Dr. R. J. Breckinridge on the state 
of the Church. 

This protest was, on motion, admitted to record without answer. 
Another protest, signed by Rev. A. P. Forman and others, was like- 
wise admitted to record without answer. — 1862, p. 636, O. S. 

b. The following protest was presented and ordered to be entered on 
the Minutes of the Assembly without answer. 

We, the undersigned, ministers and elders, commissioners of the One 
Hundred and Fourth General Assembly, do hereby enter and record our 
protest against the action of the General Assembly in entertaining the 
appeal in the case of " The Presbyterian Church in the United States of 
America against the Rev. Charles A. Briggs, D.D.," and so giving to 
the Committee which preferred the charges against Dr. Briggs standing 
before the Assembly and right of appeal as an " original party," beyond 
the control of the Presbytery and its power to discharge them when 
dismissing the case. 

We protest against this as being, we believe, contrary to the scope and 
intention of our Book of Discipline, and as involving interpretations of 
the Constitution of the Church which might prove subversive of the 
rights of ministers, elders, deacons and individual members throughout 
the Church. 

Signed by thirty-six ministers and eighteen ruling elders. — 1892, p. 
205. 

C. The Rev. E. P. Sprague, D.D. , for himself and others, presented 
the following protest, which was received, ordered to be recorded, and 
is as follows: 

We, the undersigned ministers and elders in the Presbyterian Church 
in the United States of America, declaring our hearty belief in and 
love for the Holy Scriptures of the Old and New Testaments, and our 
entire loyalty to the principles of the Presbyterian Church, desire 
respectfully to record our solemn protest against the verdict and judg- 
ment of suspension, and the proceedings leading to the verdict, in the 
case against the Rev. Charles A. Briggs, D.D., in the General Assem- 
bly of 1893: 

1. As involving, in our judgment, acts of doubtful constitutionality. 

2. As seeming to abridge the liberty of opinion hitherto enjoyed under 
our Standards by office -bearers in the Church. 



788 BOOK OF DISCIPLINE, SECT. 105. 

3. As tending, we believe, to the discouragement of thorough study of 
the Bible and reverent advance in apprehension of divine truth ; and, 

4. As inflicting what we cannot but feel is an injustice to a Christian 
scholar of acknowledged high character and learning, as well as to the 
Presbytery of New York, Avhich had fully acquitted him of the charges 
alleged against him. 

Edward P. Sprague and sixty-one others. — 1893, pp. 172, 173. 
It was Resolved, That the protest just presented needs no answer by 
the General Assembly. — 1893, p. 173. 

d. The following protest was received and ordered to be recorded 
without answer: 

The undersigned respectfully protest against the action of this One 
Hundred and Fifth General Assembly of the Presbyterian Church in 
the United States of America, determined in the morning session of May 
29, with regard to the exclusion of the Chinese from this land, and 
against the action of this Assembly, determined on May 30, with regard 
to Decoration Day, on the following grounds and for the following 
reasons : 

1. Because said actions are contrary to Chap, xxxi, Sec. iv, of the 
Confession of Faith, which provides that " Synods and Councils are to 
handle or conclude nothing but that which is ecclesiastical, and are not to 
intermeddle with civil affairs which concern the commonwealth. 

2. Because such actions are opposed to the deliverance of this General 
Assembly in 1874, wherein it was declared that our church courts are 
to consult, vote and determine only according to the principles and Con- 
stitution of this Church and the Word of God, and that, therefore, no 
subject of a secular character will be entertained, and no subject with 
moral bearings and results will be carried beyond the plain and unques- 
tioned testimony and direction of the sacred Scriptures. 

Selden P. Spencer, James H. Brooks. —1893, p. 212. 

e. Rev. John Fox, D.D., on behalf of himself and others, presented 
a protest against certain action of the Assembly, as recorded in the 
report of the Committee upon Temperance. The protest was received 
and admitted to record, and is as follows: 

The undersigned respectfully protest against so much of the action of 
the General Assembly on temperance as declares, " That no political 
party has the right to expect the support of Christian men so long as 
that party stands committed to the license party, or refuses to put itself 
on record against the saloon." We deem this action an unwise interfer- 
ence with a political question, and believe that it cannot fail to be 
regarded by many of our people as hindering their free and conscientious 
discharge of their duties as voters. 

John Fox and forty-five others. — 1894, p. 178, 

2. Protest refused record as being disrespectful. 

A protest was received from Dr. Boardman and others against the action 
of the Assembly in the matter of the Louisville Presbytery. After 
discussion, on motion, it was 

Resolved, That it be the sense of this General Assembly that the 
protest of Dr. Boardman and others is not respectful in language, and 
that it be returned to the author. — 1866, p. 104, O. S. 



OF DISSENTS AND PROTJ23TS. 789 

3. A protest should be recorded only by order of the judicatory. 

Exception to the records of the Synod of Albany. A protest on pp. 
323, 324, which was handed to the Stated Clerk, and by him recorded, 
when it does not appear that he was directed by Synod to make such 
insertion. — 1828, p. 242. 

4. Protest received and put on record. 

a. In the case of the complaint of Nathaniel West, against the Pres- 
bytery of Cincinnati, in the case of West vs. the Rev. B. P. Aydelotte, 
the Committee recommend that, as no sufficient reasons for direct 
complaint to the General Assembly have been presented, the complaint 
be referred to the Synod of Cincinnati. 

The following protest against this action was presented, and ordered on 
record : 

[Note.— See for this protest, Minutes, 1877, pp. 576-580.] 

The Committee appointed to answer this protest reported: " That in 
their judgment no answer is required." Adopted. — 1877, p. 580. 

b. A protest was received from Rev. Josiah B. Bittinger, D. D. , Rev. 
Henry W. Ballantine and Rev. George L. Kalb, D.D., against the 
action of the Assembly in the adoption of the report of the Committee 
on Bills and Overtures, in the case of the Sewickley church against the 
Synod of Erie, and ordered to be put on the records of the Assembly. 

[Xote.— See Minutes, 1877, pp. 582, 583.] 

C. A protest was presented by Rev. Royal G. Wilder against the 
action of the Assembly in adopting the report of the Special Committee 
on his paper relating to the Board of Foreign Missions, and ordered on 
the records.— 1877, p. 583. 

d. The Rev. John G. Hall, D.D., in behalf of himself and others, 
offered a protest against the action of the Assembly in reference to the 
report of a minority of the Committee on Publication, which was 
received and ordered to be put on record. — 1884, p. 110. 

5. Protest, if in order, must be recorded and filed with the clerk. 
A printed copy duly signed is valid. 

Paper No. 66, being a memorial from certain members of the Presby- 
tery of Westchester, concerning the recording of a protest. It is asked: 

Question 1. — " When a protest conforms to the conditions of the Book 
of Discipline, Sec. cv, may a Presbytery rightfully refuse to order it 
entered upon the records ?" It is recommended that this inquiry be 
answered in the negative. 

Question 2. — " Is a protest to be considered as having been presented 
to the body when read by the protestant, before it has been placed in the 
hands of the Clerk ?" It is recommended that it be answered in the 
negative. 

Question 3. — " When a protestant reads his protest to a Presbytery 
and the Moderator thereupon declares to him, without objection, that 
his protest is received, is a vote of the Presbytery necessary to authorize 
the recording of the protest V ' It is recommended that the answer be 
given, On account of the ambiguity of the language, no definite reply 
can be made. 

[Note.— See No. 2, p. 788.] 



790 BOOK OF DISCIPLINE, SECT. 105-108. 

Question 4. — " Does a protestant forfeit his right to have' his protest 
recorded, if he furnish to the Clerk, in place of the original manuscript 
read by him to the body, a printed copy of the same, duly signed by 
him, provided he inform the Clerk in good faith of his intention to do 
so, and the latter make no objection ?" It is recommended that this 
question be answered in the affirmative. Adopted. — 1897, p. 130. 

CVI. The judicatory may prepare an answer to any protest which 
imputes to it principles or reasonings which its action does not import, 
and the answer shall also be entered upon the records. Leave may 
thereupon be given to the protestant or protestants, if they desire it, to 
modify their Protest; and the answer of the judicatory may also, in 
consequence, be modified. This shall end the matter. 

1. No answer deemed necessary when the assumptions have been 

refuted. 

The Committee appointed to answer the protest against the proceedings 
of the General Assembly on the " memorial complaining of sundry 
grievances abroad in the Church," made the following report, which 
was adopted, viz. : 

That after a due consideration of the whole subject, and believing the 
protest to be founded on assumptions which were fully refuted and proved 
untenable in the course of a long and thorough discussion of the several 
resolutions adopted, they deem it inexpedient for the Assembly to assign 
any further reasons for the course pursued in relation to the above 
memorial. — 1834, p. 450. 

2. The answer denies the imputations of the protest. 
The Assembly deems the following a sufficient answer to the protest 
against the action of the Assembly upon matters connected with the 
" Declaration and Testimony:" 

1. It is apparent upon the face of the protest, that its signers deeply 
sympathize in principle, spirit and action, with the signers of the said 
" Declaration and Testimony," in opposition to the General Assembly. 

2. The paper imputes to the Assembly, in several particulars, that 
which does not appear from anything contained in its action in the case ; 
but the Assembly is disposed to pass over this infirmity, and the disre- 
spectful language employed in the protest, attributing these to an apparent 
inability, on the part of these brethren, to divest themselves wholly of 
prejudices which have grown out of the unhappy contest in which the 
country and the Church have been engaged during the last several years. 
—1867, p. 365, O. S. 

3. The answer defines the action protested against. 

A protest of Francis B. Hall and others, against the response of 
the Assembly to the overture of the Women's Christian Temperance 
Union of Wisconsin was received and admitted to record. — 1885, p. 
649. 

The Assembly answer as follow T s: 

The Committee appointed to prepare an answer to the protest of the 
Rev. Francis B. Hall and others reported an answer, which was 
amended, adopted and is as follows : 

The action of the Assembly is a reaffirmation of the action of former 



OF JURISDICTION IX CASES OF DISMISSION. 791 

Assemblies, on the subject of communion wine, to the effect " that the 
control of this matter be left to the Sessions of the several churches, with 
the earnest recommendation that the purest wine attainable be used. " 
We find nothing in the alleged protest that has any pertinency or appli- 
cation to this action, and therefore no further answer is needed.- 1885, 
p. 685. 

[Note — In many cases the answer of the Assembly to a protest gives the fullest 
explication of its sentiments.] 

CVII. No one shall be allowed to dissent or protest who has not a 
right to vote on the question decided, and, in judicial cases, no one shall 
be allowed to dissent or protest who did not vote against the decision. 

1. Protest will not be received from those not members of the body. 
A paper of the nature of a protest was offered by the Rev. W. G. Craig 
from persons not members of the Assembly, which was read, and on 
motion, returned to Mr. Craig. — 1867, p. 359, O. S. 

2. A protest can be brought only by the minority of a judicatory 

itself. 

a. The Committee on Minutes of the Synod of Sandusky recommend 
their approval , except that the Synod has entered upon its minutes, on 
p. 75, a "formal protest" against the action of the last General 
Assembly. 

Your Committee judge that remonstrance or complaint, for the reopen- 
iDg of a question, may be made by an inferior judicatory to a superior; 
but that protest against the action of the General Assembly can be made 
only by a minority of the body itself. — 1864, p. 307, O. S. 

b. The Synod erred in this .... that they permitted certain mem- 
bers of the Presbvterv of Waterloo to enter a protest on their records. 
—1888, p. 136. 



CHAPTER XI. 

OF JURISDICTION IN CASES OF DISMISSION. 

CVIII. The judicatory, to which a church member or a minister 
belongs, shall have sole jurisdiction for the trial of offences whenever or 
wherever committed by him. 

[Note. — See under Book of Discipline, Sec. xxxvii, p. 658.] 

1. Cases connected with extinct Presbytery. 

[Note.— See Book of Discipline, Sec. cxiii, p. 797.] 

2. Reception of a member on a qualified letter is void. 

[Note.— See Form of Government, Chap, x, Sec. viii, No. 11, p. 205.] 

3. Jurisdiction over one charged with an offence is in that 
Presbytery of which he is a member. 

Overture from the Presbytery of New Castle, asking the General 
Assembly to determine, whether that Presbytery or the Presbytery of 
Cleveland has jurisdiction of Rev. J. F. Severance. The facts in the 
case, appearing in the overture, are as follows: Mr. Severance was a 



792 BOOK OF DISCIPLINE, SECT. 108-110. 

member of the Presbytery of Wilmington (which was succeeded by the 
Presbytery of New Castle), but left the bounds of that Presbytery in 
1868. In 1870 he was within the bounds of the Presbytery of Cleve- 
land; and, after the reconstruction, twice sat in the Presbytery of Cleve- 
land as a corresponding member from the Presbytery of New Castle. 
In September, 1871, he was received a member of the Presbytery of 
Cleveland, under the operation of Principle 5, adopted by the Assembly 
for the purpose of reconstruction. 

Before the Presbytery of Cleveland adjourned the sessions at which Mr. 
Severance was received, that Presbytery obtained information, that 
rumors affecting the Christian character of Mr. Severance had come to 
the knowledge of the Presbytery of New Castle, and said Presbytery 
had appointed a Committee to inquire into the facts and correspond with 
Mr. Severance in regard to them ; and this Committee had not been 
discharged, when Mr. Severance was received by the Presbytery of 
Cleveland. After the Presbytery of Cleveland had received this infor- 
mation from the Presbytery of New Castle, they reconsidered their action 
receiving Mr. Severance, and declared said action null and void. The 
question is, To which Presbytery does Mr. Severance belong ? The 
Committee recommend the following answer: .... 

The decision of the Assembly, made in 1816, settles the principle that 
membership in any church judicatory is an entirety, and is not divisible. 
The judicatory is the judge of the fitness of an applicant for member- 
ship in it. The vote of the judicatory invests the applicant with all the 
rights of membership, of which lie cannot be divested except by due 
course of discipline according to the Book. Hence, Mr. Severance is a 
member of the Presbytery of Cleveland, and that Presbytery has juris- 
diction in his case. — 1872, p. 72. 

4. The Presbytery within whose bounds an offence is committed ful- 
fills its duty in notifying the Presbytery to which the offender 
belongs. 

When it is alleged that a minister has committed an offence in the 
bounds of a Presbytery of which he is not a member, the Presbytery in 
the bounds of which it is alleged the offence was committed, has per- 
formed its entire duty in the premises when it notifies the Presbytery to 
which he belongs, of the allegation and the grounds on which the 
allegation is based. 

The report was adopted.— 1869, p. 922, O. S. 

CIX. A member of a church, receiving a certificate of dismission to 

another church, shall continue to be a member of the church giving 

him the certificate, and subject to the jurisdiction of its Session (but shall 

not deliberate or vote in a church meeting, nor exercise the functions of 

any office), until he has become a member of the church to which he is 

recommended, or some other evangelical church; and, should he return 

the certificate, within a year from its date, the Session shall make record 

of the fact, but he shall not thereby be restored to the exercise of the 

functions of any office previously held by him in that church. 

[Note. — For the jurisdiction of the Session over members non-resident, see Book of 
Discipline, Sec. cxvii ; over licentiates, see Form of Government, Chap, xiv, Sec. xi. 
p. 559] 



OF JURISDICTION IN CASES OF DISMISSION. 793 

1. A suspended member may not be received on profession by another 

church. If received without knowledge of the facts, his name to 
be stricken from the roll. 

Overture from certain members of the Presbytery of Madison: 

We desire to make the following statement and inquiries: 

A person is (we will suppose) under suspension in one of our own 
churches. He removes, and unites, on examination, with another of our 
churches, the Session of the latter one being wholly ignorant of his 
former membership, and, of course, of his suspension. The facts are, 
however, afterward discovered. 

Would this discovery, of itself, vitiate his second membership, and 
leave him simply a suspended member of the former church ? 

Would un worthiness for church membership, clearly manifested, while 
in the latter church, and before said discovery, rightfully add any 
efficacy toward producing this result ? 

To the first of the above questions the Committee recommend an answer 
in the affirmative; to the second, if the question mean whether the 
Session of the second church has jurisdiction in the case of unworthiness 
manifested in the second relation, the Committee recommend an answer 
in the negative; but if the question mean whether the unworthiness 
manifested in the second relation be proper ground of separate process 
by the Session of the first church, the Committee recommend an answer 
' in the affirmative. In respect to the whole case, the Committee agree 
in the statement following : 

The person uniting with the second church on examination unites 
deceptively. So soon as the facts in the case are ascertained by the 
Session of this second church, the proper order of procedure is, for this 
Session, after conference with the accused person, to strike his name 
from their roll of church members as not under their jurisdiction, to 
communicate their action to the Session suspending him, with the reasons 
for it, and to request the said Session to proceed against him, on sepa- 
rate process, for duplicity and disorder. 

The reply of the Committee was adopted. — 1866, p. 269, N. S. 

2. A letter of dismission takes effect as soon as granted so far as 

rights and privileges are concerned. 

a. A letter of dismission, whether issued to a ruling elder or private 
member, terminates the relations of the person dismissed with the church 
giving the letter, except so far as said church is responsible for its watch 
and care over him during the period of transition. 

b. These rights and privileges can be regained in that church by 
returning the letters of dismission to the authority which gave them. 

C. These rights and privileges can be secured in any other church 
within the jurisdiction of this General Assembly, by virtue of such cer- 
tificates, provided they are presented to the Session thereof within one 
year from their date ; and, until they are presented, such persons are 
amenable to the church from which the certificates were received. — 
1867, p. 512, N. S. 

[Note.— The "rights and privileges " do not include the functions of any office pre- 
viously held by him in that church. See Book of Discipline, Sec. cix, last clause.] 

CX. In like manner, a minister shall be subject to the jurisdiction of 
the Presbytery which dismissed him (but shall not deliberate or vote, nor 



794 BOOK OF DISCIPLINE, SECT. 110. 

be counted in the basis of representation to the General Assembly), 
until he actually becomes a member of another Presbytery ; but, should 
he return the certificate of dismission within a year from its date, the 
Presbytery shall make record of the fact, and restore him to the full 
privileges of membership. 

1. Jurisdiction over a deposed minister is in the Presbytery which 

deposed him. 

a. The Presbytery of Des Moines deposed Rev. James H. Shields 
from the ministry. Subsequently, Mr. Shields applied for restoration to 
the Presbytery of Keokuk, within whose bounds he resided at the time 
of his application. 

The Committee on Polity reported an overture from the Presbytery of 
Keokuk, asking if they have jurisdiction over the case of James H. 
Shields, deposed by the Presbytery of Des Moines. 

The Committee recommended to the Assembly, that the question sub- 
mitted by the Presbytery of Keokuk be answered in the negative; and 
the recommendation was adopted. — 1859, p. 18, N. S. 

b. In the case of Rev. Michael Hummer, deposed by the Presbytery 
of Iowa, and restored by the Presbytery of Highland, the Assembly 
declare it irregular and unconstitutional for any Presbytery to receive 
and restore a member of another Presbytery who has been deposed. — 
1862, p. 608, O. S. 

[Note.— See under Form of Government, Chap, x, Sec. viii, p. 207 ; also Book of 
Discipline, Sec. xliii, p. 662.] 

2. Where a minister is deposed the name should not be formally 
stricken from the roll until the proceedings are finally issued. 

An inquiry, proposed to the Assembly by Fisk Harmon, of Swede 
Point, la., respecting a case of discipline which has occurred in what 

he calls the Presbytery of D . A minister is said to have been 

deposed, and the sentence of deposition to have been pronounced, but 
his name was not ordered to be stricken from the roll. The Clerk, how- 
ever, assumed the responsibility of erasing his name ; and when the case 
was appealed to the Synod, and remanded by it to the Presbytery that 
new evidence might be presented by the appellant, and the deposed 
minister demanded that his name might be replaced on the roll before the 
Presbytery proceeded to the reception of the evidence, he was informed 
by the Moderator that his name did not belong there. The inquiry is: 
" Can this new sentence of striking the name of the deposed minister 
from the roll be constitutionally inflicted without a new and regular trial ? ' ' 

The Committee recommend the following reply: 

As the name of every minister under trial must be properly on the roll 
of some Presbytery, it should not be finally erased until the completion 
of all the ecclesiastical proceedings connected with the case. In the 
present instance, the Assembly decide that the name of the minister 
referred to should be restored to the roll of the Presbytery, and retained 
until the case has been finally disposed of. — 1869, p. 270, N. S. 

[Note.— Nor is the name of a suspended minister to be removed from the roll of 
Presbytery and placed upon a private register. See Form of Government, Chap, x, 
Sec. viii, No. 15, p. 206.] 



OF JURISDICTION IN CASES OF DISMISSION. 795 

3. The privileges of membership cease with the granting of 

the letter. 

The established rule of the Presbyterian Church, in relation to the 
dismission of a minister from his Presbytery is, ' ' that, in all ordinary cases, 
all the rights and privileges of an individual in a Presbytery cease when, 
at his request, his dismission is granted." 

He may, however, within any reasonable time before he has used his 
letter of dismission, return it to the Presbytery, and then claim all his 
former rights and privileges; but, until he has used his letter, he is 
amenable to the Presbytery which has dismissed him. — 1867, p. 512, 
N. S. 

4. While a minister is in transitu he is a member of the 
Presbytery which gave him his letter. 

Overture from the Presbytery of Marion, as follows: 
A minister receives a dismission to unite with a distant Presbytery, 
and travels in the region indicated, but does not remove his family. 
After an absence of months, perhaps of more than a year, he returns to 
the residence of his family. During his absence, however, the Synod 
sets off ' ' all the ministers ' ' of his Presbytery ' ' residing north of the 
south line ' ' of his county to form part of a new Presbytery. Holding 
the original certificate, to which Presbytery does he belong, and in case 
of the necessity of process for unminislerial conduct, which Presbytery 
is bound to proceed in his case ? It was 

Resolved, That the minister in question be held to belong to the Pres- 
bytery which granted him the certificate. — 1864, p. 314, O. S. 

5. A suspended minister is under the jurisdiction of the Presbytery 
which suspended him. When sentence has been reversed for 
informality, if process is not commenced in six months, a dis- 
mission in good standing may be claimed. 

Mr. Bell had been suspended, and took an appeal to the Assembly, 
which was sustained. 

The Committee appointed to prepare a minute expressive of the sense 
of the Assembly concerning the appeal of Joseph E. Bel], reported the 
following resolutions, which were adopted, viz. : 

1. Resolved, That in the judgment of the Assembly, Mr. Bell was, 
and still continues to be, fully amenable to the Presbytery of Concord. 

2. That while the Assembly do not wish to protect the guilty, they do 
judge that great caution, deliberation, and, as far as may be, the rules of 
discipline, where ministerial character is impeached, ought to be strictly 
observed, and that in this case the informality was exceptionable. 

3. That if it be deemed necessary for the good of religion, and the 
honor of the ministerial character, the Presbytery of Concord are entirely 
competent to commence a new trial. Or if Mr. Bell shall desire for his 
own sake a new trial, the door is still open. 

4. That in the meantime Mr. Bell's ministerial character shall be con- 
sidered regular ; and if no process shall be commenced by either party 
within the space of six months from the 1st of June next, then Mr. Bell 
may claim from the Presbytery of Concord a dismission declaring him to 
be in regular standing. — 1828, pp. 240, 241. 



796 BOOK OF DISCIPLINE, SECT. 110-112. 

6. A minister holding a letter of dismission is a member of the 
Presbytery dismissing him until received by another body. 

In answer to an inquiry from the Mileage Committee as to the status 
of a minister in transitu, it was Resolved, That the ruling of the Assem- 
bly of 1860, N. S. (see Moore's Digest, 1873, p. 619), be adopted as 
the ruling of this Assembly, to wit : He is a member of the Presbytery 
dismissing him until received by another body. — 1883, p. 648. 

7. Where the reception was invalid by reason of fraud he remains 
under the jurisdiction of the Presbytery dismissing him. 
Overture from the Presbytery of Northumberland, relative to the 
question of jurisdiction in the case of Rev. Samuel E. Webster, who 
had obtained admission to the Presbytery of East Florida upon a letter 
whose date had been changed by said Webster, to bring it within the 
usual limit of one year. We recommend the following action : Inasmuch 
as the letter by which Samuel E. Webster was received into the Presby- 
tery of East Florida was forged, so far as the date was concerned, his 
reception by it was invalid, and he is still under the jurisdiction of the 
Presbytery of Northumberland. — 1894, pp. 44, 45. 

CXI. A Presbytery, giving a certificate of dismission to a minister, 
licentiate, or candidate for licensure, shall specify the particular body to 
which he is recommended; and, if recommended to a Presbytery, no 
other than the one designated, if existing, shall receive him. 

1. Presbytery must specify the body to which a member is 

dismissed. 

Resolved, That, whereas it is a fundamental principle of the govern- 
ment and discipline of the Presbyterian Church, that every minister of 
the Gospel belonging to it be subject, at all times, to his brethren in the 
Lord, and accountable to them for the orthodoxy of his principles, and 
for his moral, religious, and orderly deportment; it is therefore, 

Ordered, That every Presbytery under the care of this Assembly, 
whenever they dismiss a member, be careful particularly to specify with 
what Presbytery, association, or classis, or other religious body, he is to 
be associated after his dismission (to w T hich some of the Presbyteries do 
not appear to have been sufficiently attentive) ; and that every member 
so dismissed be, in all cases, considered as amenable to the Presbytery 
which has dismissed him till he shall become connected with the ecclesias- 
tical body which he shall have been directed to join. — 1806, p. 351. 

2. He must unite with the body designated. 

Can a minister of one Presbytery unite with any other Presbytery than 
that designated in his letter of dismission ? Answered in the negative 
(see Chap, x, Sec. ii-iv, Book of Discipline, Old). — 1877, p. 550. 

3. The Presbytery receiving a minister on a certificate must 
notify the Presbytery that dismissed him. 

[Note. — See below, Sec. cxv.] 

4. The dismission may not be by a standing committee. 

[Note. — See Form of Government, Chap, x, Sec. viii, p. 201.] 
CXII. If a church becomes extinct, the Presbytery with which it was 
connected shall have jurisdiction over its members, and grant them letters 



OF REMOVALS AND LIMITATION OF TIME. 797 

of dismission to some other church. It shall, also, determine any case of 
discipline begun by the Session and not concluded. 

1. Members of an extinct church amenable to Presbytery. 

A church has been dissolved by the Presbytery, letters having been 
given the members to unite with any evangelical church where God may, 
in His providence, cast their lot. 

One of these members holds such a letter more than eighteen months 
old, not having used said letter. Is such a member amenable to the 
Presbytery, and is the Presbytery under obligation to receive, entertain, 
and pass upon a complaint entered against such party, holding said letter ? 

The Committee recommend that this overture be answered in the 
affirmative, on the following grounds: 

1. That every church member is amenable to some appropriate 
tribunal, and that, in the case specified in the overture, this tribunal 
must be the Presbytery. 

2. That every member of a church continues to be amenable to that 
church, until he becomes regularly connected with another. — 1869, p. 
266, N. S. 

CXIII. If a Presbytery become extinct, the Synod, with which it 
was connected, shall have jurisdiction over its members, and may transfer 
them to any Presbytery within its bounds. It shall, also, determine any 
case of discipline begun by the Presbytery and not concluded. 

[Xote. — See under Form of Government, Chap, x, Sec. viii, p. 333.] 



CHAPTER XII. 
OF REMOVALS AND LIMITATION OF TIME. 

CXIV. When any member shall remove from one church to another, 
he shall produce a certificate, ordinarily not more than one year old, of 
his church membership aud dismission, before he shall be admitted as a 
regular member of that church. 

The names of the baptized children of a parent seeking dismission to 
another church shall, if such children are members of his household and 
remove with him and are not themselves communicants, be included in 
the certificate of dismission. The certificate shall be addressed to a 
particular church, and the fact of the reception of the person or persons 
named in it shall be promptly communicated to the church which gave it. 
[Note.— See also Form of Government, Chap, ix, Sec. vi, p. 163.] 

1. A certificate of dismission should be required. 

Nor can the Assembly forbear to regret that the Session of the church 
of Chillicothe had not acted in a more formal manner in receiving Mr. 
McCalla, and had not required a regular certificate of dismission from 
the church to which Mr. McCalla belonged before they received him. — 
1821, p. 21. 



798 BOOK OF DISCIPLINE, SECT. 114. 

2. Names of baptized children, not adults or communicants, 

should be included. 

When parents with their families are dismissed to other churches, the 
names of baptized children who have neither come to years of discretion 
nor become communicants should be embraced in the certificate given. — 
1882, p. 98. 

3. To receive members of churches of our own connection 

without a certificate is irregular. 

The same Committee reported an overture, asking if it be in accord- 
ance with ecclesiastical law and order in the Church to receive members 
of another church who have not been regularly dismissed, with a view 
to such change of relation. 

The Committee recommended that, so far as churches in our own con- 
nection are concerned, the question be answered in the negative, and 
refer to the Book of Discipline (Old), Chap, xi, Sec. i. 

The report was adopted. — 1868, p. 58, N. S. 

4. Members received from other denominations without testimonials 
or evidence, to be received on profession. 

Overture No. 24 from the Presbytery of Elizabeth, inquiring what 
evidence of standing is to be deemed the equivalent of a certificate in the 
case of persons coming from denominations which do not give certificates 
to a Presbyterian church. It is recommended that, in the absence of 
satisfactory testimonials as to church membership or of personal knowl- 
edge of the piety and good standing of such persons in other evangelical 
churches, the applicant is to be received on a profession of faith in 
Christ.— 1897, p. 132. 

5. Dismission to join another denomination. 

a. Resolved, That in all cases where members of any of our churches 
apply for dismission to unite with a church of another denomination, the 
proper course is to give a certificate of Christian character only. — 1839, 
p. 177, O. S. 

b. The Presbytery of Hudson, requesting that this rule be rescinded, 
the Assembly replied: 

The Presbytery of Hudson has misapprehended the spirit and scope of 
the resolution in question. It is neither a censure on the individuals, nor 
the churches to which they seek to be dismissed, but sets forth the only 
fact which it is important that those churches should know. — 1848, p. 
22, O. S. 

[Note. — Churches in correspondence should be treated as if of our own connection.] 

6. The form of dismission to other denominations left to the 
discretion of the Session. 

Shall members of our churches, who may wish to join churches not in 
correspondence with the General Assembly, receive certificates in the 
same form as if they wished to join another church, in our communion, 
or in correspondence with the Assembly ; or has the church Session done 
all that it ought to do, when in such cases the good and regular standing 
of the persons so applying is duly certified ? 

Resolved, That this whole subject is one that ought to be left to the 
sound discretion of the various church Sessions, according to the Consti- 
tution of the Presbyterian Church. — 1851, p. 28, O. S. 



OF REMOVALS AND LIMITATION OF TIME. 799 

7. Dismission of a suspended member. 

Is it orderly in any case to dismiss to another church a suspended 
member, stating the case, and submitting it to the Session to which he 
has removed ? 

It may be orderly in circumstances of necessity arising from removal 
to an inconvenient distance, provided that in no instance the Session to 
Avhich he be dismissed be allowed to review or rejudge the case. — 1849, 
p. 239, O. S. 

8. A suspended person being restored by the superior judicatories 
may claim dismission in good standing. 

a. In regard to the complaint of Mr. Dobbins, against the Session of 
the church of Augusta, for receiving members suspended by the Session of 
the church of Smyrna, the Assembly are of opinion that both Sessions 
acted unconstitutionally; the Session of Smyrna in suspending said mem- 
bers, and the Session of Augusta in receiving them when suspended. 
Therefore, 

Resolved, That the appeal, on this complaint, be and it is hereby 
sustained ; and the members in question are hereby declared to be still 
members in good standing in the church of Smyrna; and the Session of 
the church of Smyrna are hereby directed to dismiss said members if they 
still desire it, that they may regularly connect themselves with the 
church of Augusta. — 1824, p. 124. 

b. Resolved, That the Presbytery of Nashville having fully exon- 
erated the appellant from all blame in the matters respecting which he 
was charged before the Session of the church at Clarksville, his character 
is unimpeached, and that he is now, and ever has been since the action of 
the Presbytery in his case, entitled to a dismission from the church at 
Clarksville, whenever applied for, in order to connect himself with any 
church in the vicinity of his present residence. — 1849, p. 237, O. S. 

9. A dismission may be irregular yet valid. 

A memorial from individuals in the Presbytery of Concord, formerly 
under the pastoral care of the Rev. Mr. Davies, asking the Assembly to 
determine whether they are to be considered members of the Prospect 
church, or whether their dismission from the church of Centre is to be 
considered null and void. The Committee recommended that the Assem- 
bly, while not approving of the haste and confusion with which their 
dismission was given, declare their actual connection with the church of 
Prospect now to be valid and regular. The recommendation was 
adopted.— 1849, p. 266, O. S. 

10. Members removing should be furnished with testimonials of 
standing, and should be counseled to transfer their relations. 

Overture from the Presbytery of Iowa, asking the Assembly to make 
it the duty of every church to give a letter of dismission to every mem- 
ber when removing to another locality where there is a Presbyterian 
church, etc. The following answer was adopted: 

The Committee recommends that it be enjoined upon the Sessions of 
our churches, on the removal of any members beyond the boundaries of 
their own organizations, to furnish such members, whether in full com- 
munion or members by baptism only, with testimonials of their standing; 
which testimonials it shall be the duty of such persons at once to present 



800 BOOK OF DISCIPLINE, SECT. 114-116. 

to some church of our connection, and the Sessions shall earnestly counsel 
these members to transfer their relation immediately, if practicable, or at 
the earliest opportunity. 

Also, that in case but a single organization of our order is within 
reach of the parties so removed, the Sessions having care of them shall 
transmit to that church Session a copy of the testimonials foregoing; if 
there be more than one such organization, then the parties transferred 
may elect to which organization these testimonials shall be sent. — 1869, 
p. 923, O. S. 

11. Churches receiving members by letter should notify the church 
from which they come. Blank forms of the Board of Publication 
commended. 

Overture from the Presbytery of Neosho, on the dismission of church 
members. 

Resolved, That the General Assembly urge upon the Sessions of 
cl lurches the importance of giving to members who remove from them 
either letters of dismission and recommendation to a particular church, 
or in case of uncertain destination, letters of credence, and that, on the 
reception of members from other churches, they notify immediately the 
church from which the member has been dismissed. And they also urge 
upon all our churches the use of the printed blanks for the dismission 
and reception of members furnished by our Board of Publication. — 
1871, p. 587. 

[Note.— See also under Sec. cxv, p. 801.] 

12. The limit of one year does not ordinarily exclude, where the 
Session has knowledge of the reasons and of the religious life. 

The Synod (of Kentucky) except to the Sessional records of a certain 
church, because of the alleged irregularity of said Session in receiving 
members on return of certificates alone, after undue length of time, 
knowledge of such irregularity being brought to the Synod's notice by a 
protest (Book of Discipline, Old, Chap, xi, Sec. ii). Your Committee 
recommend that exception be taken to tins action of the Synod because, 
in their judgment, the Synod's exception to the Presbytery's action is 
not well taken, for the reason that it appears to your Committee, from 
papers placed in their hands, and which ought to have been in the 
Synod's possession before taking action in the case, that the parties 
in question had good and sufficient reasons for such delay, being unsettled 
as to a permanent home ; their moral and religious life, meantime, being 
well known to the Session as fully comporting with the requirements of 
the Gospel of Christ,— 1880, p. 79. 

13. Certificate of dismission granted only by vote of the Session 

regularly constituted. 

An overture from the Presbytery of Steuben ville asking: Is it 
regular to grant a certificate of dismission to a member of the Church 
otherwise than by a vote of the Session regularly constituted ? For 
example, by a Session informally assembled, or by a pastor or Clerk 
acting for the Session ? 

Your Committee recommends the following answer: It is not regular. 
Adopted.— 1890, p. 113. 



OF REMOVALS AND LIMITATION OP TIME. 801 

14. The above modified. The Moderator or Stated Clerk may be 
authorized to issue letters in the interim. 

Overture from the Presbytery of Baltimore, asking the Assembly " to 
modify the deliverance of the Assembly of 1890 (Minutes, p. 113), so 
that church Sessions may delegate authority to issue letters of dismission 
to those in good and regular standing, the granting of such certificates 
to be affirmed at the next meeting of the Session. ' ' 

The Committee answer, that it does not find in the Form of Govern- 
ment anything which would invalidate the custom of authorizing, by 
vote of Session, its Moderator or Stated Clerk to issue letters in the 
interim of the meetings of the Session to members who are in good stand- 
ing, and to report such dismissions to the Session at its next meeting. 
Adopted.— 1891, p. 106. 

CXV. In like manner, when a minister, licentiate, or candidate, is 
dismissed from one Presbytery to another, the certificate shall be pre- 
sented to the Presbytery to which it is addressed, ordinarily within one 
year from its date, and the fact of his reception shall be promptly com- 
municated to the Presbytery dismissing him. 

1. Notice of reception to be given. 

1. That on the reception of a minister by certificate of dismission from 
another Presbytery, it be recommended to the Stated Clerk of the Pres- 
bytery receiving him to notify the Stated Clerk of the Presbytery grant- 
ing the certificate of the fact of the reception. 

2. That the name of every minister receiving a certificate of dismission 
be retained on the roll of the Presbytery dismissing him until notice of 
his reception be received from the Stated Clerk of the Presbytery receiv- 
ing him. 

3. That similar recommendations be sent to Sessions concerning the 
dismission and reception of church members. — 1874, p. 82. 

CXVI. If a church -member, more than two years absent from the 
place of his ordinary resideace and church connections, applies for a 
certificate of membership, his absence, and the knowledge of the church 
respecting his demeanor for that time, or its want of information con- 
cerning it, shall be distinctly stated in the certificate. 

1. The standing of members absent and unknown. Such absence 
without certificate itself censurable. If willful, they should be 
suspended. 

The Committee appointed on the overture from the Synod of New 
Jersey, inquiring what a church Session ought to do with members in 
communion who have been absent for years without having taken a certi- 
ficate of dismission, and whose place of residence is unknown, made a 
report which, being read and amended, was adopted, and is as follows, 
viz. : 

That although this particular case is not provided for by a specific 

regulation in our Book of Discipline (Old), yet it is embraced by certain 

general principles which are recognized in that book and interwoven with 

many of its provisions. These principles, together with the result bear- 

51 



802 BOOK OF DISCIPLINE, SECT. 116-119. 

Ing on the case in question, the Committee beg leave most respectfully to 
state: 

1. Every church member is amenable to some appropriate tribunal, by 
the wisdom and fidelity of which, in case of his falling into any error, 
immorality or negligence, he may be dealt with according to the Word 
of God. 

2. No member of a church can properly ever cease to be such but by 
death, exclusion, a regular dismission, or an orderly withdrawing to join 
some other Christian denomination ; and must of necessity continue to be 
amenable to that church until he becomes regularly connected with 
another. 

3. For a church member to withdraw from a use of his privileges as a 
member, either by irregularly connecting himself with another denom- 
ination, or by going to a distant part of the world to reside for a number 
of years, without making known his removal to the church Session, and 
asking a certificate either of good standing, for the purpose of enjoying 
occasional communion elsewhere, or of dismission, to join some other 
church, is itself a censurable violation of the principles of church fellow- 
ship, and may infer suspension from its privileges. 

4. Church members, therefore, who have been absent for a number of 
years in unknown places, are by no means to have their names erased 
from the churches to which they respectively belong, but are to be held 
responsible to their respective churches ; and if they should ever return, 
or be heard from, are to be regularly dealt with according to the Word 
of God and the principles of our Church; and although great caution 
and tenderness ought to be exercised toward those whose withdrawing 
from Christian privileges may be occasioned by the unavoidable dispensa- 
tions of Providence, without any material fault of their own, yet in all 
cases in which a church Session has good reason to believe that any of 
the church under their care have absented themselves with design, either 
from a disregard of Christian privilege or from a wish to escape from the 
inspection and discipline of the Church, they ought, without unnecessary 
delay, to declare such persons suspended from the privileges of the 
church until they give evidence of repentance and reformation, and of 
course, in making their statistical reports, ought to enumerate such 
among the members under suspension. — 1825, pp. 138, 139. 

[Note. — See Form of Government, Chap, ix, Sec. vi ; a decision on the duties 
of the Session in case of certain irregularities, No. 12, p. 168. See also Book of Disci- 
pline, Sees, xlix and lii, pp. 665, 667.] 

CXVII. Prosecution for an alleged offence shall commence within one 
year from the time of its alleged commission, or from the date when it 
becomes known to the judicatory which has jurisdiction thereof. 

1. Limitation not to be pleaded against the order of a superior 

judicatory. 

[Note. — In a case carried by complaint to the Synod of Mississippi, the Synod re- 
ferred the whole matter back to the Presbytery. The Presbytery entered upon the 
case ; but, finding that two years had elapsed since the act was committed, declined 
to proceed further, on the ground of the limitation above.] 

The Assembly declared: 

That the Presbytery of Louisiana erred in pleading the limitation of 
time for their non-compliance with the resolution of Synod, referring this 
whole case to them for a full investigation. — 1850, p. 481, O. S. 



OF JUDICIAL COMMISSIONS. 803 

2. The plea is good where the offence was known to members of 
the judicatory more than a year before process was begun. 

Overture No. 19 was then taken up from the docket, which is as 
follows : 

When a church Session has tabled charges against a church member 
for falsehood, and summoned the accused with the witnesses, is it compe- 
tent for the Session to dismiss the charges on the plea of the accused that 
a prosecution is barred by the limitation of time in Chap, xi, Sec. xv, 
of the Discipline (" Process in case of scandal," etc.), the alleged crime 
having been committed and " become flagrant," and known to members 
of Session more than twelve months before process was instituted ? 

The Committee recommended that this inquiry be answered in the 
affirmative. Adopted.— 1857, p. 42, O. S. 



CHAPTER XIII. 

OF JUDICIAL COMMISSIONS. 

CXVIII. The General Assembly, each Synod, and each Presbytery 
under its care, shall have power to appoint Judicial Commissions from 
their respective bodies, consisting of ministers and elders, in number not 
less than eighteen (18) from the General Assembly, not less than twelve 
(12) from any Synod, and not less than seven (7) from any Presbytery. 

1. The Judicial Committee may be appointed a Judicial Commission. 

By formal resolution the Judicial Committee was appointed the Judi- 
cial Commission to try judicial cases Nos. 5, 6 and 7. — 1896, p. 48. 

[Note.— See Book of Discipline, Sec. xcix (5), p. 752.] 

CXIX. All judicial cases may be submitted to such Commissions, and 
their decisions shall be subject to reversal only by the superior judicatory 
or judicatories, except in matters of law, which shall be referred to the 
appointing judicatory for adjudication; and also all matters of Constitu- 
tion and doctrine may be reviewed in the appointing body and by the 
superior judicatory or judicatories. 

1. Matters of law referred to the appointing judicatory. 

a. The Judicial Commission in Case No. 2, to try the complaint of 
Rev. David R. Breed, D.D., and others, members of the Synod of 
Pennsylvania, against the action of said Synod, and the finding of its 
Judicial Commission in Judicial Case No. 1. in its session held in the 
Presbyterian church of Butler, Pa., October 17 to 21, 1895, report in 
part, as follows : . . . . 

The Synod of Pennsylvania, in receiving the report of its Judicial 
Commission on Case No. 1, did err, in that, after said Synod had recom- 
mitted the report of its Judicial Commission to have points of law and 
Constitution considered, the Synod declined (p. 47) to recognize that 
there were matters of Constitution involved in the case which the Synod 
was competent to review, in acting upon the finding of said Judicial 



804 BOOK OF DISCIPLINE, SECT. 119-123. 

Commission as provided for in Chap, xiii, Sec. cxix, of the Book of 
Discipline, which matters of Constitution are as follows: 

1. Does a pastoral relation cease with the action of Presbytery dissolv- 
ing such relation, when no other time for its termination is explicitly 
fixed by the Presbytery ? 

2. When a meeting of a church duly called is held for the election of 
elders, may the Moderator presiding at such meeting disqualify voters 
whose standing has not been impaired by regular judicial process ? 

Your Commission respectfully refer the above points of law and Con- 
stitution to the Assembly for adjudication, according to provision made 
in Chap, xiii, Sec. cxix, and we recommend that question number one 
be answered in the affirmative, and question number two be answered in 
the negative. 

The first question was answered by the Assembly in the affirmative 
and the second in the negative. — 1896, pp. 84, 85. 

[Note.— See Book of Discipline, Sec. xcix, No. 5, p. 756.] 

b. The Judicial Committee, sitting as a Judicial Commission, reported 
on Judicial Cases Nos. 5 and 6, submitting three questions of constitu- 
tional law, viz., 1, 2 and 3, which were answered in the affirmative, and 
are as follows: 

The Judicial Commission to which were referred Judicial Cases Nos. 
5 and 6 reports to the General Assembly, for its approval, the following 
points of Constitution and law, to wit: 

1. Presbytery, under our form of government, has the sole power, 
within its jurisdiction, to form, unite, and divide churches, and to estab- 
lish and dissolve pastoral relationships, subject to the provisions of the 
Constitution, including the provisions for complaint, appeal, review and 
control. 

2. The acts of Presbytery may be appealed from or complained of to 
a higher judicatory ; and in the absence of such appeal or complaint they 
are to be respected and obeyed until repealed or modified. 

3. Where complaint against the action of Presbytery is taken to 
Synod, and when no one appears to prosecute such complaint, and the 
complaint is dismissed by the Synod, this action of the Presbytery remains 
in full force and effect.— 1896, p. 131. 

[Note. — See also Book of Discipline, Sec. xcix, p. 752.] 

C. The Judicial Commission appointed by the General Assembly to 
try Judicial Case No. 7 reports for approval its judgment upon the 
following questions of Constitution and law: 

1. According to Sec. 100 of the Book of Discipline, " When the judg- 
ment directs admonition or rebuke, notice of appeal suspends all further 
proceedings, but in other cases " (viz., when the judgment directs sus- 
pension, deposition or excommunication, see Sec. xxxiv) " the judgment 
shall be in force until the appeal is decided, ' ' and this we interpret to 
mean until it is finally decided by the highest judicatory to which the 
case is carried. 

2. After a Synod or a Commission of a Synod, sitting as a court for 
the trial of a case, has concluded the case, and adopted its final judg- 
ment, and the same is a matter of record, it is not competent for the 
Synod, in ordinary session and not constituted as a court, to interpret 
the judgment, or in any way modify it. — 1896, pp. 151, 152. 

[Note. — See Book of Discipline, Sec. xcix, p. 756.] 



OF DIFFERENCES BETWEEN JUDICATORIES. 805 

CXX. Such Commissions shall sit at the same time and place as the 
body appointing them, and their findings shall be entered upon the 
minutes of the appointing body ; provided, however, that a Commission 
appointed by a Presbytery may also sit during the intervals between the 
meetings of the appointing Presbytery. The quorum of any such Com- 
mission shall not be less in number than three- fourths of the members 
appointed, and shall be the same in all other respects as the quorum of 
the appointing judicatory. 



CHAPTER XIV. 
OF DIFFERENCES BETWEEN JUDICATORIES. 

CXXI. Any judicatory deeming itself aggrieved by the action of any 
other judicatory of the same rank, may present a memorial to the judi- 
catory immediately superior to the judicatory charged with the grievance 
and to which the latter judicatory is subject, after the manner prescribed 
in the sub-chapter on Complaints (Sees. 83-93, Book of Discipline), 
save only that with regard to the limitation of time, notice of said memo- 
rial shall be lodged with the Stated Clerks, bolh of the judicatory charged 
with the grievance and of its next superior judicatory, within one year 
from the commission of the said alleged grievance. 

CXXII. When any judicatory deems itself aggrieved by another 
judicatory and determines to present a memorial as provided for in the 
preceding section, it shall appoint a committee to conduct the case in all 
its stages, in whatever judicatory, until the final issue be reached. 

CXXIII. The judicatory with which the memorial is lodged, if it 
sustain the same, may reverse in whole or in part the matter of griev- 
ance, and shall direct the lower judicatory how to dispose of the case, 
and may enforce its orders. Either party may appeal to the next higher 
judicatory, except as limited by Chap, xi, Sec. iv, of the Form of Gov- 
ernment. 

[Note.— See Book of Discipline, Sec. cii, No. 3, p. 785.] 



806 DIRECTORY FOR WORSHIP. 

PART V. 

THE DIEECTOEY FOE THE WOESHIP OF GOD. 

Adopted 1788. Amended 1789-1886. 

CHAPTER I. 

OF THE SANOTIFICATION OF THE LORD'S DAY. 

I. It is the duty of every person to remember the Lord's day; and to 
prepare for it, before its approach. All worldly business should be so 
ordered, and seasonably laid aside, as that we may not be hindered there- 
by from sanctifying the Sabbath, as the Holy Scriptures require. 

[Note. — See Confession of Faith, Chap, xxi, Sec. viii, p. 90.] 

1. The Assembly petition Congress against carrying and distributing 
the mails upon the Sabbath. 

a. The petition of the General Assembly of the Presbyterian Church 
in the United States of America, to the honorable the Senate and House 
of Representatives of the United States, in Congress assembled: 

Humbly Sheweth — That your petitioners view with deep regret the infrac- 
tions of the Lord's day, occasioned by the opening of the mail on that 
day, and the circumstances accompanying such opening. 

A variety of considerations, temporal and spiritual, combine, in the 
judgment of your petitioners, to produce this regret. The institution of 
the Sabbath by the Creator and Ruler of the world, whilst it clearly 
proves His benevolent regard for men, imposes upon them the reasonable 
obligation of devoting this day to His service. He makes it their duty 
to rest from the toils and labors of six days, and requires from them that 
they should statedly assemble together for His worship on the seventh. 
Both these objects contemplated by the institution of the Sabbath, the 
opening of the mail on that day and the circumstances accompanying 
it, do contravene and oppose. They who carry the mail, and they who 
open it, together with those to whom letters or papers are delivered, under 
the sanction of civil law, neglect the public worship of God in part or 
whole. Besides this, the noise and confusion attending the carrying and 
opening of the mail in post towns too frequently in a most painful man- 
ner disturb the devotion of those who prefer their spiritual to their 
temporal interests. Moreover, the carrying of the mail encourages 
persons to hire out their carriages on the Lord's day to those who have 
no fear of God before their eyes, thus adding to the open violation of the 
day; and to say no more, the brute creatures are made to work on this 
day over and above the six days, and thus are deprived of the rest to 
which they are entitled by the authority of God, whilst they are forced 
to administer to the cupidity of those who forget the truth, that " the 
righteous man is merciful to his beast. ' ' 

Your petitioners are the more deeply impressed with the importance of 



OF THE SANCTIFICATION OF THE LORD'S DAY. 807 

observing the Sabbath, on account of the influence which such observ- 
ance has in promoting true morality and social happiness. 

On this day all classes of men assemble together in the presence of God 
on terms of perfect equality, for in His presence the ruler is not more 
important than the ruled, since both meet as sinners needing the exercise 
of sovereign and free mercy. 

On this day they are taught from the Scriptures, the only source of 
truth, their duty, their interest and their happiness. 

On this day they unite according to the direction of God, in prayer 
for all men — for magistrates as well as subjects — for the nation as well 
as individuals — for every description of persons. 

On this day they manifest the gratitude which they owe to God for 
benefits received, thanking Him for His mercies, and supplicating His 
grace. 

The effects arising from the duties in which they engage, the instruc- 
tion which they receive, and their assembling together before God, are all 
calculated to produce such a state of heart and such a line of conduct 
as directly promote individual and social happiness. 

Your petitioners are aware of the plea which is used to justify the 
infractions of the Sabbath of which we complain. Works of necessity, 
such as arise out of extraordinary circumstances, or such as are unavoid- 
able for the support and comfort of life, together with works of charity, 
are admitted to be lawful, for God delighteth in mercy rather than 
sacrifice. 

But your petitioners cannot conceive that the ordinary occupations of 
life, in ordinary times, or the exercise of charity, require such infractions 
of the Sabbath as are occasioned by the carrying or opening of the mail 
on that day. For the cases of sickness, to take one of the strongest and 
most plausible facts included in the plea of necessity, which are commu- 
nicated by the mail, are too few, and happen at intervals too long, to 
justify the habitual breach of the Sabbath. As to the ordinary business 
of life, any prospect of gain, or fear of loss, cannot be admitted as 
legitimate causes for disobeying the command of God to keep the* Sabbath 
holy. No one ever yet has suffered, or will suffer, in obeying God,, 
rather than his cupidity, his ambition, or his lusts. 

Your petitioners, moreover, feel themselves constrained in their office 
as rulers in the Church, to exercise the discipline of that Church against 
those of their members who break the Sabbath in the carrying or open- 
ing of the mail on that day. In doing this they are not conscious of any 
disrespect to the civil authority of the land. They wish to render unto 
Caesar the things which are Caesar's, but must, at every hazard, render 
unto God the things which are God's. In thus honoring God more than 
men, they trust their motives will be respected, and their conduct 
approved. 

Your petitioners are the more deeply impressed with the importance of 
a strict observance of the Sabbath, and the necessity of an alteration in 
the existing regulations of the post-office, as far as they relate to the 
Sabbath, from the prospect of a war. As they firmly believe in the 
special providence of God, and that this providence is exercised accord- 
ing to those principles of truth and equity revealed in the Scriptures, 
they fear, and have just reason to fear, that the infractions of the Sab- 
bath allowed by civil law will draw down upon our nation the divine 
displeasure. God honors those who honor Him, and casts down those 



808 DIRECTORY FOR WORSHIP, CHAP. I. 

who forget Him. Obedience to His will adds dignity to rulers, and 
enforces subjection in those who are ruled. 

From all these considerations which have been given in detail, your 
petitioners pray for such an alteration in the law relative to the mails, as 
will prevent the profanation of the Sabbath, which now takes place in 
conveying and opening the mail. And your petitioners, as in duty 
bound, will ever pray, etc. 

Ordered, That this petition be signed by the Moderator, and attested 
by the Clerk, and be committed to the Moderator to forward to Congress. 
—1812, p. 513. 

b. Dr. Flinn, to whom was committed the petition of the last Assem- 
bly to the Congress of the United States, on the subject of carrying and 
opening the mail on the Sabbath, reported that he put the petition into 
the hands of Mr. Cheves, a member of the House of Representatives, 
who afterward informed him that the prayer of the petition was not 
granted. — 1813, p. 519. 

C. In 1814 a petition on the same subject was prepared, and the Pres- 
byteries directed to take order for circulating the same, and forwarding 
it to Congress. — 1814, p. 566. 

[Note. — For like action see Minutes, 1815, pp. 597, 601.] 

II. The whole day is to be kept holy to the Lord ; and to be employed 
in the public and private exercises of religion. Therefore, it is requisite, 
that there be a holy resting, all the day, from unnecessary labors ; and 
an abstaining from those recreations which may be lawful on other days ; 
and also, as much as possible, from worldly thoughts and conversation. 

1. Deliverance on the profanation of the Sabbath. Discipline 

enjoined. 
The Committee to whom was referred the overture respecting the pro- 
fanation of the Lord's day, presented the following resolutions, which 
were adopted, viz. : 

1. Resolved, That this Assembly regard with pain and deep regret the 
profanation of the Lord's day, which exists in our country in various 
forms, and which is calculated in an alarming degree to create a neglect 
of public worship, a contempt of the authority of Almighty God, a 
corruption of morals, and eventually to bring down the judgment of 
God on our land. 

2. Resolved, That the Assembly repeat the warnings which have here- 
tofore been frequently given on this subject, and do solemnly and earn- 
estly exhort the churches and individuals in their connection to avoid a 
participation in the guilt of profaning this holy day. 

3. Resolved, That it be earnestly recommended to the ministers of the 
Presbyterian churches who have pastoral charges, frequently and solemnly 
to address their people on the subject of the sanctification of the Lord's 
day, and to urge its vital importance to our moral, social and civil, as 
well as religious welfare. 

4. Resolved, That it be solemnly enjoined on all the Presbyteries and 
church Sessions in our connection to exercise discipline on their respective 
members whenever guilty of violating the sanctity of the Sabbath; and 
that an inquiry should be annually instituted in each Presbytery relative 
to this subject; and that each pastor should at the earliest opportunity 



OF THE SANCTIFICATION OF THE LORD'S DAY. 809 

practicable present this subject in all its solemn importance to the Session 
of the church under his pastoral charge, and invite the cooperation of 
its members in all proper and prudent measures for the suppression of 
Sabbath breaking: and further, that it be recommended to all our minis- 
ters and church members when traveling, to give preference to such 
livery establishments, steamboats, canal boats and other public vehicles 
as do not violate the law of God and of the land in relation to the 
Sabbath.— 1826, p. 182. 

2. The observance of the Sabbath indispensable to the preservation 
of civil and religious liberty. 

1. Resolved, That the observance of the Sabbath is indispensable to 
the preservation of civil and religious liberty, and furnishes the only 
security for eminent and abiding prosperity, either to the Church or the 
world. 

2. Resolved, That the growing desecration of the Sabbath in our 
country must be speedily arrested and the habits of the community 
essentially reformed, or the blessings of the Sabbath, civil, social and 
religious, will soon be irrecoverably lost. 

3. Resolved, That inasmuch as the work of a general reformation 
belongs, under God, to the Christian Church, it is the duty of the 
Church to apply the corrections of a firm and efficient discipline to all 
known violations of the Sabbath on the part of her members. 

4. Resolved, That inasmuch as ministers of the Gospel must act a 
conspicuous part in every successful effort to do away the sin of Sabbath- 
breaking, it is their duty to observe, both in their preaching and their 
practice, the rule of entire abstinence from all profanation of the Lord's 
day, studiously avoiding even the appearance of evil. 

5. Resolved, That in the judgment of this General Assembly, the 
owners of stock in steamboats, canals, railroads, etc., which are in the 
habit of violating the Sabbath, are lending their property and their 
influence to one of the most widespread, alarming and deplorable systems 
of Sabbath desecration which now grieves the hearts of the pious, and 
disgraces the Church of God. 

That it be respectfully recommended to the friends of the Lord's day, 
as soon as possible, to establish such means of public conveyance as shall 
relieve the friends of the Sabbath from the necessity under which they 
now labor, of traveling at any time in vehicles which habitually violate 
that holy day, and thus prevent them from being in any way partakers 
in other men's sins in this respect. 

6. Resolved, That the power of the pulpit and the press must be 
immediately put in requisition on behalf of a dishonored Sabbath, that 
the magnitude and remedy of the evils which its violation involves may 
be fully understood by the whole community. 

7. Resolved, That this Assembly solemnly enjoin it upon the churches 
under their care to adopt, without delay, all proper measures for accom- 
plishing a general and permanent reformation from the sin of Sabbath- 
breaking and all its attendant evils. 

8. Resolved, That a Committee of one from each Synod under the care 
of this Assembly be now appointed to hold correspondence with ministers 
and churches, for the purpose of carrying out and applying the leading 
principles of the foregoing report and resolutions. — 1836, p. 281. 



810 DIRECTORY FOR WORSHIP, CHAP. I. 

3. For the better observance of the Sabbath. 

The Committee to whom was referred Overture No. 5, to wit, a 
memorial from the Presbytery of Cleveland on the subject of Sabbath 
mails, having been instructed to report on the general subject of Sabbath 
desecration, submit the following: 

In the deliberate judgment of your Committee, it is an unquestionable 
fact that, in despite of all which has been said and done to check it, the 
profanation of the Lord's day is, on the whole, increasing. There are, 
indeed, some local and cheering exceptions to this remark, which we are 
happy to acknowledge. As a national sin, however, it steadily gathers 
strength, and puts on a more unblushing face every year. We hear 
much of the moral machinery which has been set in motion for the 
salvation of our country and of the world — of the blessed light of the 
nineteenth century, and the glory of our free institutions. Too often 
do we seem to forget that the very institution which is the chief support 
of liberty, learning and religion, is itself standing in fearful jeopardy. 
All those whose lot is cast in any of the great centres of business, or on 
any of the principal avenues of intercommunication, know that what 
your Committee assert is true. Their own eyes have seen it, their own 
ears have heard it, and their hearts have bled over it a thousand times. 
It is, in fact, universally conceded, that the desecration of the Sabbath 
has become a giant evil, calling loudly for the most efficient measures of 
reform. Your Committee desire not unnecessarily to publish the faults 
of the Christian Church. But they are compelled to confess, that in 
many parts of the country the frequent violations of the Sabbath by 
ministers of the Gospel, and by other professors of religion, is a serious 
obstacle in the way of all attempts at radical and permanent reforma- 
tion. Till the ministry and the Church have purified themselves, all else 
will be, as it has been, ' ' beating the air. ' ' Traveling on the Sabbath, 
a practice to which the convocation of the highest judicatory of our 
Church lends its guilty sanction; voluntary participation in enterprises 
and improvements which are prosecuted at the expense of the Sabbath ; 
the legalized profanation of this holy day by the transmission of the mail 
on all the principal routes; and the frequent neglect of Church discipline, 
are among the many causes of the rapid spread of this enormous evil. 
The bare enumeration of these causes suggests the proper remedy. 
Resolutions, addresses, conventions, and all the stirring appeals which 
the subject has called forth, are, by themselves, utterly ineffectual. The 
leviathan with which we are now contending is not to be so tamed. A 
more potent corrective must be applied, or we shall become more and more 
a nation of Sabbath-breakers. The Church undoubtedly possesses the 
power to cleanse her own garments, and till she has done this, she has no 
strength to put on for the reformation of others. Having done this, the 
next step will be to lift up a united voice against all that immoral legis- 
lation behind which the sin of Sabbath-breaking now stands entrenched. 
What has been found true in the " Temperance Reform," will be 
found true in the ' ' Sabbath Reform. ' ' The sanction of law must be 
removed from every evil which you would frown upon and exterminate. 
To do this, the public mind must be waked up, and held awake till the 
combined energy of patriotism and piety is enlisted and pledged for the 
protection of the Sabbath against every tangible form of profanation and 
abuse. Your Committee accordingly recommend for your adoption the 
following resolutions, viz. : 



OF THE SANCTIFICATION OF THE LORD'S DAY. 811 

Resolved, That this Assembly regard the prosecution of a journey on 
any part of the Sabbath, whether by ministers, elders or church mem- 
bers, for the sake of convenience or of avoiding expense, as deserving of 
special notice and unqualified disapprobation. 

Resolved, That this Assembly affectionately urge upon all the judica- 
tories of the Church to take suitable measures for enforcing the wise 
discipline of the Church against all violations of the Sabbath within their 
own cognizance and jurisdiction. 

Resolved, That it is the duty of the Christian ministry to unite in more 
concentrated and persevering effort to assert the claims of the Christian 
Sabbath upon the habitual regard of the whole community. 

Resolved, That the Assembly will give its most cordial approbation to 
any and every wise plan for uniting the sympathies and strength of all 
evangelical denominations in defence of the Christian Sabbath. 

Resolved, That a Committee of nine be appointed to correspond with 
other evangelical denominations on the subject of measures for promoting 
a better observance of the Lord's day. 

Resolved, That the Clerks of this Assembly be requested to cause these 
resolutions to be officially published and circulated as widely as possible, 
through the religious press, and that all ministers within our bounds be 
requested to present them before their respective congregations. — 1838, 
pp. 658, 659, N. S. 

[Note— See also Minutes, 1840, p. 14; 1843, p. 13; 1846, p. 15, N. S. ; 1859, p. 534; 
1861, p. 316, 0. S., for substantially the same action. Reaffirmed 1872, Minutes, p. 
71 ; 1873, p. 564 ; 1876, p. 70.] 

4. Church Sessions enjoined to greater fidelity. 

a. Resolved, That this Assembly renewedly enjoin upon their Presby- 
teries and churches the duty of enforcing the discipline of the Church in 
every case of a violation of the Sabbath. — 1828, p. 242. 

b. The Committee on Bills and Overtures made a report on the subject 
of the Sabbath, which was adopted, and is as follows: 

The Assembly are at a loss what to say more than what they have 
repeatedly said, by way of urging on all our churches and congregations, 
and the community generally, a better observance of the holy Sabbath. 
Of its divine origin and authority we have no doubt. Nor can we 
doubt its indisputable necessity in keeping up the institutions of religion, 
and promoting the cause of salvation and pure morality. What could 
we do without the Sabbath ? And where, in half a century, will be our 
glorious civil and religious liberty, if the terrible process of Sabbath 
desecration be permitted to go on as it has done for the past ten years ? 
Let the history of other nations answer. Let the fearful declarations of 
God's Word admonish us to anticipate the result. " For the nation and 
kingdom that will not serve thee shall perish." 

While, therefore, we earnestly entreat our fellow -citizens of every 
class ' ' to remember the Sabbath day to keep it holy, ' ' the Assembly do 
hereby, in a special manner, enjoin it upon the church Sessions to watch 
over their brethren with tenderness and great fidelity in respect to the 
observance of the Sabbath; and to exercise wholesome discipline on those 
who, by traveling or other ways, presume to trample upon this sacred 
institution. And we further enjoin it upon the Presbyteries annually to 
institute inquiries of the eldership as to the manner in which this injunc- 
tion has been attended to in their respective churches. —1853, p. 323. N. S. 



812 DIRECTORY FOR WORSHIP, CHAP. I. 

5. Resolutions on the sanctification of the Sabbath. 

Resolved, 1. That, inasmuch as " the Sabbath was made for man," by 
the omniscient God, and is indispensable to our highest social, civil and 
religious welfare, this General Assembly regards it as not only the duty, 
but the right and privilege of all men to " remember the Sabbath day to 
keep it holy." 

2. That, as the law of the Sabbath is divinely given, without limita- 
tion of time, and unrepealed, its claims for our obedience are supreme 
and perpetual. 

3. That, in order to give full power to the Gospel in the salvation of 
souls, professors of religion, and ministers of the Gospel especially, 
should carefully sanctify the Lord's day, and give no countenance, 
directly or indirectly, to its desecration. 

4. That the physical and mental, as well as the moral interests of man 
demand the day of holy rest ; and that the entire community should 
manifest a grateful appreciation of this gift of Heaven, by an unperverted 
sacred observance of the Christian Sabbath. 

5. That, at this time of public strife, of fearful anxiety and suffering, 
while we are heartily loyal to our government, we should most sincerely 
deprecate and deplore any unnecessary labor, review or battle on the 
Lord's day; lest, by disloyalty to God, we dishonor Him, incur His fierce 
indignation, and, as a sad result, meet with signal defeat to our arms, 
and terrible calamities to our nation, from Him who is the God of battles 
and of nations, and who honors them that honor Him. 

6. That it be earnestly requested of all the pastors of our churches, 
fully to instruct their people as to the duty and importance of carefully 
sanctifying the entire Sabbath, individually, in the family, and in the 
community; in order that its healthful instructions, and its holy saving 
influence, may everywhere permeate the State, the nation and the world. 

7. That each pastor and stated supply of our churches be requested, 
at some time during the present year, to preach especially upon the sanc- 
tification of the Christian Sabbath.— 1863, pp. 245, 246, N. S. ; con- 
firmed, 1873, p. 564. 

6. The opening of art galleries on the Sabbath disapproved. 
Deliverances of former Assemblies reaffirmed. 

Resolved, That this General Assembly express their disapproval of the 
opening on the Sabbath of art galleries, places of recreation and amuse- 
ment, and all such libraries and reading rooms as by offering secular 
reading invite men to violate the command of God, that men " re- 
member the Sabbath day to keep it holy." Adopted. — 1872, p. 71. 

[Note. — See also Form of Government, Chap, xii, Sec. v; Pastoral Letters, 8 and 
15 ; Digest, 1886, pp. 294-296 and pp. 322-325.] 

This Assembly now reaffirms the deliverances of previous Assemblies, 
regarding the sacredness of the Sabbath. — 1873, p. 564. 

7. Traveling on the Sabbath condemned. 

Resolved, That this Assembly view with unfeigned sorrow and regret 
the practice of traveling, by professors of religion and others, on the 
Sabbath day, and that it considers all such traveling, which is not strictly 
included in works of necessity and mercy, as a direct -violation of the 
law of God.— 1850, p. 482, O. S. ; 1874, pp. 79, 80. 



OF THE SANCTIFICATION OF THE LORD'S DAY. 813 

8. Duty of all to sanctify the Sabbath. Testimony against its 
desecration by railroads and by recreations. 

a. The report was accepted; the resolutions recommended by the Com- 
mittee were adopted ; and the whole report was recommended to the Board 
of Publication to be printed as a tract. The following are the resolu- 
tions as adopted by the Assembly: 

Resolved, 1. That it is the duty of all men to sanctify the Sabbath by 
a holy resting on that day from all worldly cares, avocations, and amuse- 
ments, and to devote the entire day to the public and private worship 
of God, and to the duties of religion, according to the precepts and 
example of our Lord and His apostles. 

Resolved, 2. That the observance of the Sabbath is indispensable to 
the preservation of the knowledge of God, and to the maintenance of 
vital religion in the Church and the world. 

Resolved, 3. That the observance of the Sabbath is, further, of the 
greatest importance in order to the preservation of civil and religious 
liberty, and as furnishing the only ground for eminent and abiding 
national prosperity. 

Resolved, 4. That inasmuch as the work of any general moral or 
religious reformation belongs, under God, to the Christian Church, it is 
declared to be the solemn duty of all the ministers, ruling elders, and 
members of our Church to inculcate, respectively, from the pulpit, in 
the Sabbath-school, and in the family, the Scriptural obligation to 
observe the Sabbath, and always and everywhere to set a proper example 
in this respect. 

Resolved, 5. That, in the judgment of this General Assembly, it is 
the duty of the owners of stocks in steamboats, railroads, iron works, 
and other corporate institutions which are in the habit of desecrating the 
Sabbath, to use all their influence to bring these companies to cease their 
operations on the Lord's day. 

Resolved, 6. That the cry of the eight thousand engineers, on the rail- 
roads of the country, for Sabbath rest, as brought out in their convention 
at St. Louis, and presented in their journal, and their efforts with their 
companies to secure exemption from the violation of the law of God, and 
the allotted time for Sabbath rest, religious instruction and worship, 
meets with a hearty response from this General Assembly ; and that we 
express for them our deep sympathy in their privations, exposures, and 
trials, and our earnest desire and prayer to God for their success in this 
direction and send our earnest remonstrance to all these companies against 
the practice of running trains on the Lord's day, thereby excluding from 
these important and responsible positions the Christian men of the coun- 
try, to the dishonor of religion, and to the endangering of the lives of 
the traveling portions of the community, by placing this business in the 
hands of a less moral class of men. 

Resolved, 7. That this Assembly invokes the power of the pulpit, and 
of the religious and secular press of the entire country, in the vindica- 
tion and enforcement of the sanctity of the Sabbath ; that vain excuses 
for work and travel on the Lord's day be set aside; that the public con- 
science be aroused ; that secular business and secular recreations on the 
Sabbath be alike discountenanced ; and that, with a faith and zeal which 
is according to knowledge, the friends of religion, morality and civil 
and social order are everywhere called upon to stand up for the divine 



814 DIRECTORY FOR WORSHIP, CHAP. I. 

law of the Christian Sabbath, and to labor, by precept and example, to 
secure its proper observance. 

Resolved, 8. That this Assembly would solemnly admonish all our 
people, ministers and laymen, who travel in foreign countries and in 
remoter parts of our own laud, not to forget the divine command, " Re- 
member the Sabbath day to keep rt holy." 

Resolved, 9. That this Assembly still further, with the view of secur- 
ing this important result, enjoin upon all the Presbyteries, at their ensuing 
meetings, to take such action, and, without delay, to adopt and carry 
into effect such measures, as, in their judgment, may seem best, in order 
to the better and more general observance of the Lord's day. — 1874, 
pp. 79, 80. 

b. That, inasmuch as, prominent among the forms of Sabbath dese- 
cration prevalent in our times, are those to which many railroad and 
steamboat companies and publishers of Sunday newspapers are addicted, 
the Assembly earnestly counsel all our people not to be, as owners, man- 
agers, or employes of such companies, or as shippers or passengers on 
the Sabbath, or as publishers or patrons of Sunday newspapers, partakers 
in the guilt of these flagrant forms of Sabbath -breaking. Adopted. — 
1882, pp. 85, 86; 1884, pp. 33 and 81. 

9. Former deliverances affirmed and enlarged upon. 

In answer to overtures asking the reaffirmation of the teaching of our 
Standards and of the deliverances of former Assemblies on the subject 
of the Sabbath, the Assembly reply: 

In the opinion of this body the deliverances of previous Assemblies on 
this subject have been so clear, distinct and decisive, and so often 
repeated, that it seems as impossible that there could be any misconception 
of the position of our Church, as that there could be any doubt as to 
the moral and perpetual obligation of the institution of the Sabbath, 
in the minds of any of our ministers or people. 

Nevertheless, in view of the persistent efforts continually made to 
undermine the faith of the Church in the divine authority and perpetual 
claims of the Christian Sabbath, and to introduce among us the conti- 
nental view of its observance, and in order to strengthen the hands of 
our whole communion in that maintenance of this divine institution, as* 
our fathers have maintained it, we deem it important again to declare 
our unswerving conviction of the correctness of the teaching of our Con- 
fession of Faith, which says: " God, in His Word, by a positive, moral, 
and perpetual commandment, binding all men in all ages, hath particu- 
larly appointed one day in seven, for a Sabbath, to be kept holy unto 
Him" (Chap, xxi, Sec. vii). 

And, also, of our Larger Catechism, which says: " The fourth com- 
mandment requireth of all men the sanctifying or keeping holy to 
God .... one whole day in seven ; which was the seventh from the 
beginning of the world to the resurrection of Christ, and the first day of 
the week ever since, and so to continue to the end of the world ; which 
is the Christian Sabbath, and in the New Testament called The Lord's 
day " (Answer 116). 

And, also, of the Shorter Catechism, which says: " The Sabbath is to 
be sanctified by a holy resting all that day, even from such worldly 
employments and recreations as are lawful on other days, and spending 
the whole time in the public and private exercises of God's worship, 



OF THE SANCTIFICATION CF THE LORD'S DAY. 815 

except so much as is to be taken up in works of necessity and mercy ' ' 
(Answer 60). 

We do also reaffirm the deliverances of former General Assemblies as 
to the manner of the proper sanctification of this holy day ; and espe- 
cially enjoin upon all our ministers and members, pastors, and teachers in 
our Sabbath-schools, and upon all those charged in any way with the 
training of the rising generation, the diligent inculcation of these teach- 
ings of our Church, so that our children may be thoroughly furnished, 
iu their minds, against the insidious influences brought to bear upon them 
to lessen their veneration for the sanctity of this day of holy rest. The 
Presbyterian Church has uttered, and desires to utter, no uncertain sound 
in regard to the divine authority and the universal and perpetual obliga- 
tion of this institution, as promotive of the physical, mental, and moral 
well-being of man, and so essential to the efficiency of all the means of 
grace and to the success of the Church of Christ in the earth. 

And, to the end that the sacred character of this day may, in every 
possible way, be kept before the minds of our people, we would further 
commend, to our ministers and Sabbath -school teachers and superinten- 
dents, the more general use of the Scriptural terms Sabbath and Lord's 
day in the designation of this divine institution. 

The recommendation was adopted. — 1876, pp. 70, 71. 

10. The divine sanction and obligation of the Sabbath. 

a. In answer to a communication from the General Assembly of the 
Presbyterian Church in the United States: 

The Assembly regard with very great sympathy the present extensive 
revival of interest in the maintenance of our Christian and American 
Sabbath, and cordially respond to the invitation to Christian cooperation 
in this great cause, which they have received from their sister Assembly. 
To this end they invite to the following resolutions the attention of all 
the Synods, Presbyteries and churches under their care: 

Resolved, 1. That, in view of the manifest and indispensable impor- 
tance of the Sabbath m stitution to the highest welfare of our own modern 
nation and people in all their relations, the authoritative announcement 
of the Sabbath law in the ancient Pentateuch is, in itself, one of the 
most obvious and unanswerable proofs that the Bible and our religion are 
from God. 

Resolved, 2. That, in view both of this divine law and of its evident 
enduring necessity, the Assembly enjoin on ministers, parents, teachers, 
employers, and on all Christians under their care, that they practice and 
teach, as abiding moral duty, the scrupulous observance of the Christian 
day of rest and worship. 

Resolved, 3. That the Assembly address to the young, especially, a 
warning against that error, which of late has grown so bold and prevalent, 
by which the moral and abiding substance of indispensable Sabbath duty 
is speciously confounded with circumstances of Jewish ceremonial, to the 
destruction, in many minds, of all sense of Christian obligation to keep 
the fourth commandment. 

Resolved, 4. That, in direct opposition to this grave error, the sympa- 
thy of this Assembly and of our churches is pledged to every wise 
endeavor to maintain in our land the unceremonial but reasonable, divine, 
and lasting authority of our religious rest day. 

Resolved, 5. That, while carefully denying to civil law all right to 



816 DIRECTORY FOR WORSHIP, CHAP. I. 

impose, or to meddle with, religious duty, the Assembly uphold the 
necessity of such legislation as guards the people's day of rest and 
religion, and heartily commend all earnest and prudent efforts put forth 
in any community for making such legislation effective. Adopted. — 
1879, p. 627. 

b. Yet, in view of the great importance of the subject, your Committee 
are deeply impressed that this Assembly should leave nothing undone 
which it can do to arouse the Church to do her whole duty in further- 
ance of this cause. And, in order to this, or, at least, as contributing 
to it, although your Committee are deeply sensible they may not recom- 
mend the best measures, we venture to report the following resolutions 
for your adoption : 

1. The Assembly would affectionately admonish all our people to bear 
in mind that God has, by positive, moral and perpetual law, designated 
one day in seven as sacred time — that He ' ' hallowed ' ' the Sabbath, 
" sanctified it," set it apart from common to sacred purposes. Hence, to 
use it, or any part of it, for things inconsistent with it as sacred, is sinful. 

2. The Assembly earnestly entreat all members and officers of our 
churches to guard against real violations of the fourth commandment, 
by performing labor on the Sabbath, under the claim of necessity or 
mercy, where such claim cannot be sustained by the Word of God. 

3. The Assembly would urge upon all under their care to devise liberal 
things for the dissemination of the principles of the Gospel and sound 
views of the sacredness of the Sabbath among the German and other 
populations coming to our shores. 

4. That the Assembly do hereby, in a special manner, enjoin it upon 
church Sessions to watch over their brethren with tenderness and great 
fidelity in respect to the observance of the Sabbath, and to exercise 
wholesome discipline when necessary. 

5. That we urge it upon our ministers, in the pulpit and in their 
pastoral labors, to present this subject in season, in all its serious impor- 
tance, as related to the welfare of the whole people and the glory of God. 
—1882, p. 85. 

11. Reading of secular newspapers on the Sabbath discountenanced. 

a. Resolved, That the General Assembly, believing that the practice, 
on the part of church members, of reading secular papers on the Sabbath 
day is alarmingly on the increase ; and believing, also, that it is a griev- 
ous injury to the personal piety of the readers, and a serious obstacle to 
the cause of Christ in every community, would deprecate this practice, 
and would urge upon all who love the Lord Jesus Christ, and desire the 
spread of His kingdom in the world, to refrain from this practice, and to 
do all in their power to discountenance it. — 1879, p. 627; 1880, p. 76; 
1882, p. 84. 

b. The buying and selling, advertising in and reading of Sunday 
newspapers is pernicious from beginning to end; and should cease on the 
part of all Christians. And all Christians ought to exert their influence, 
actively, to induce others to abandon the use of the Sunday newspaper 
entirely.— 1892, p. 158; 1896, p. 25. 

12. The value and necessity of Sabbath observance. 

a. The Special Committee on Sabbath Observance presented their 
report, which was accepted, and is as follows: 



OF THE SANCTIFICATION OF THE LOED's DAY. 817 

The question of Sabbath observance, always important, has rapidly 
increased in interest in recent years; and the duty of the Church in 
relation to it has become more difficult, because more complicated. No 
special class is alone responsible for the increased desecration of the Sab- 
bath. Some occupations are, no doubt, more than others. But love of 
gain, ambitious competition, and love of pleasure, wherever they can, 
are pressing the people into error in this respect. If there are railroad, 
steamboat, or other corporations willing to transport freight or passen- 
gers, there are shippers willing to furnish the freight, and passengers 
willing to travel, on the Lord's day. If these corporations or private 
parties are willing to furnish conveyance for excursions, there are people 
willing to travel on excursions. If there are corporations or individuals 
willing to pay for common labor performed on the Sabbath, there are 
those who will accept the pay and perform the work. If there are per- 
sons willing to publish newspapers on the Sabbath, there is a large 
number willing to buy and read them. If they could not be sold, they 
would not be printed. Thus all through society. Sabbath desecration, 
as it comes to the attention of this Assembly, is almost wholly a social 
sin. There are two parties guilty — the one tempting, and the one yield- 
ing to temptation. Or they mutually tempt and yield to each other's 
temptation. This dual character of Sabbath- breaking, of course, does 
not lessen the sin by division, but increases the number of the guilty. — 
1882, p. 84. 

b. Resolved, That this Assembly, reiterating the deliverances of former 
Assemblies on the subject of Sabbath desecration, declares its most 
emphatic condemnation of Sunday newspapers, and pleads that our 
people wholly abstain from their use, and warns all Christian business 
men against advertising in them their secular business. And it is eu joined 
upon our pastors and Sessions to see that the pulpits of our Church bear 
no uncertain voice in the matter. — 1886, p. 114. 

13. American Sabbath Union. 

a. With respect to the communication received from the General 
Conference of the Methodist Episcopal Church, now in session in New- 
York city, inviting this Assembly to appoint a Committee of seven to 
unite with similar Committees of that and other evangelical bodies in 
this country to constitute a National Sabbath Committee, whose duty it 
shall be " to make a deliverance on new phases of the Sabbath ques- 
tion," your Committee would recommend the appointment of such 
Committee fcr one year, and that they report the aims and methods of 
the National Committee to the next General Assembly. 

We would name the following as that Committee: Elliot F. Sheppard, 
New York; James A. Beaver, Philadelphia; Byron Sunderland, Wash- 
ington City; Herrick Johnson, Chicago; Francis C. Monfort, Cincinnati ; 
Robert J. Trumbull, San Francisco; Samuel J. Niccolls, St. Louis. — 
1888, p. 58. 

b. Resolved, That the seven persons appointed by the General Assem- 
bly of the Presbyterian Church in 1888, as members of a Committee in 
respect to the Sabbath day, be and are continued until others may be 
appointed in their places respectively. 

Resolved, That the general plan of the American Sabbath Union be 
and is commended. 
52 



818 DIRECTORY FOR WORSHIP, CHAP. I. 

Resolved, That we cordially invite all other Christian bodies to com- 
mend to their churches the said American Sabbath Union. 

[Note.— See also 1892, p. 159. See Report, 1889, pp. 81-85 ; 1890, pp. 65-68 ; 1891, 
pp. 62-65 ; 1892, pp. 154-160 ; 1893, pp. 54, 55 ; 1894, pp. 22-25 ; 1895, pp. 22, 23 ; 1896, 
p. 27 ; 1897, p. 40. See also under No. 15, p. 819.] 

14. The Columbian Exposition. 

a. Resolved, That this General Assembly respectfully memorialize the 
President and the Congress of the United States, to make it a condition 
for any appropriation of the Government's moneys to the Columbian 
Exposition, that it shall be kept closed on Sunday, and that the said 
memorial, properly authenticated by the seal of the General Assembly, 
and the signatures of the Moderator and of the Stated and Permanent 
Clerks thereof, shall be entrusted to the President of the American Sab- 
bath Union for presentation. 

Resolved, That this General Assembly heartily joins with the General 
Conference of the Methodist Episcopal Church in the United States, and 
with other branches of the Church of Christ, in recommending to all 
Christians to abstain from patronizing the Columbian Exposition in 
1893, either by sending exhibits there, or buying or selling goods there 
or attending it in person, if its gates should be burst open on Sunday. 
But if its gates shall be kept closed on Sunday, then we heartily recom- 
mend it to the patronage of all nations, and pray God to prosper it. 

Resolved, That we commend all men, everywhere, to remember the 
Sabbath day to keep it holy.— 1892, p. 159. 

b. 1. This General Assembly reiterates the action of 1891, petition- 
ing that the Columbian Exposition be kept closed on the Lord's day. 

2. We order that no exhibition be made in the interests of the Presby- 
terian Church, or as representing this Assembly, except with the express 
provision that we reserve the right to cover our exhibit on the Lord's 
day, if the Exposition be opened on that day. — 1892, p. 179. 

C. 1. The Assembly receives with deep regret the intelligence of the 
death, on March 24, of Col. Elliot F. Shepard, the Chairman of the 
Committee on Sabbath Observance, and desires to express its high 
appreciation of the valuable services he has rendered to the Sabbath 
cause by his tireless efforts and his liberal contributions. 

2. The Assembly expresses its profound gratitude to Almighty God for 
the success of the effort to secure in our National Legislature a prohibi- 
tion of Sunday opening at the Columbian Exposition, and its apprecia- 
tion of the action of Congress in deciding by so large a majority to con- 
tinue the time-honored course of the American people in doing reverence 
to the Lord's day. It joins the whole Church in hearty thanksgiving 
that we have been spared the humiliation, as a Christian nation, of a 
public sanction of the Sunday opening of the World's Fair. And it 
hereby voices what it believes to be the well-nigh unanimous judgment of 
the Church it represents, in declaring that any attempt, after this public 
and official expression of the nation's will, to open the gates of the 
Exposition on the Sabbath would be a gross affront to the Christian con- 
science, and a flagrant breach of faith. 

And inasmuch as the local managers have decided to open the gates of 
the Exposition in defiance of the authority of Congress, and in clear 
violation of the principles of common honesty, as well as of God's 
command, therefore, 



OF THE SANCTIFICATION OF THE LORD'S DAY. 819 

3. That we urge upon our people the importance of standing by their 
consciences at whatever sacrifice of personal profit or pleasure. If the 
trial of their integrity is come, let them not defile themselves with the 
king's meat (Dan. i. 8) 

8. That our denominational exhibit be removed from the Columbian 
Exposition in case the Sabbath-closing rule is hereafter violated. — 1893, 
pp. 55, 56. 

15. The divine authority and universal and perpetual obligation 
of the Sabbath. National Sabbath societies. 

a. Resolved, 1. That this General Assembly reaffirms its belief in the 
divine authority and universal and perpetual obligation of the Sabbath. 

Resolved, 2. That we lay upon the individual conscience the responsi- 
bility of personal example in keeping the Lord's day, by avoiding what- 
ever tends to desecrate it, such as the buying, reading and supporting in 
any manner the Sunday secular newspaper, unnecessary Sunday travel, 
amusements foreign to the spiritual purposes of the day, social enter- 
tainments that dissipate serious thought and needless self-indulgence 
during its sacred hours. 

Resolved, 3. That we call upon all the members of our churches and 
upon all friends of the Sabbath to use their influence in ^every lawful 
way to prevent such legislation as would weaken civil enactments passed 
with a view to protect the Christian Sabbath as a day of rest and wor- 
ship. 

Resolved, 4. That we view with delight the intelligent interest of 
Sunday-schools and Young People's Societies in the proper observance of 
the Lord's day, and would also heartily commend all Sabbath associa- 
tions organized to maintain this sacred institution. 

Resolved, 5. That as the Christian pulpit can never fulfill its sacred 
functions without declaring fearlessly the truth of God concerning the 
claims, sanctities and obligations of the Sabbath, we rejoice in the assur- 
ance that sound teaching upon this subject by the ministry has never 
been more general or effective than at present. — 1894, p. 24; 1895, pp. 
22, 23; 1896, p. 25. 

b. The Sabbath, the Lord's day of rest for the body, and of worship 
for the soul, is especially threatened by many unscriptural innovations. 

Among the chief perils are the greed of gain, which compels thousands 
against their mil to work on the Lord's clay; the dissemination of theo- 
ries concerning individual liberty and social order, which are destructive 
of our best national traditions; Sunday excursions; Sunday baseball 
games; Sunday theatres and Sunday bicycle pleasure riding; an alarm- 
ing laxity of sentiment among many who profess and call themselves 
Christians, in reference to the binding obligation of the fourth command- 
ment on the individual conscience; the introduction in many Christian 
homes on the Lord's day of social entertainment; self -indulgence on this 
day foreign to the Scriptural standard of holy living, and subversive of 
true Sabbath rest. Not the least of the perils to which we would refer 
is a Sunday secular literature, which interferes with the public ministra- 
tions of the sanctuary, causing the secular to supersede the spiritual. 

We believe there is a more general and lamentable lack of conscience 
in regard to violations of the fourth commandment than to any other of 
the Decalogue. 

The hope of the Church and of the nation is in the revival of the 



820 DIRECTORY FOR WORSHIP, CHAP. I. 

public conscience on all moral questions ; especially on the sacred obliga- 
tion to ' ' Remember the Sabbath day ;' ' the natural memorial for all ages 
of a consummated redemption and a type of the " rest that remaineth 
for the people of God. ' ' 

Your Committee would therefore ask this Assembly to enter its solemn 
protest against all forms of Sabbath desecration destructive of this 
weekly season of rest and worship which God has so graciously ordained 
for our good, and would recommend the adoption of the following 
resolutions: 

Resolved, 1. The General Assembly reaffirms its belief that the law 
of the Lord's day is a law of perpetual binding obligation upon all men. 

Resolved, 2. That we entreat our members and all other persons to 
conscientiously discountenance whatever tends to break down the distinc- 
tion between this and other days'; as, for instance, Sunday trading; buy- 
ing, reading or in any way supporting Sunday secular newspapers; social 
entertainments and visitations that dissipate serious thought, and all self- 
indulgence on the Lord's day that tends to unfit them for God's worship 
and to impoverish their spiritual nature; and we raise our voice against 
the desecration of the Sabbath by the opening of theatres on this day, 
and call upon our ministers, members and all good citizens to seek the 
stay of this great curse. 

Resolved, 3. That we refer with pleasure to the efforts that are being 
made through Sabbath-schools and Young People's Societies to educate 
the rising generation as to the claims, sanctities and obligations of the 
Sabbath. 

Resolved, 4. That we recommend to our j>astors and churches that as 
far as practicable the last Sabbath in October shall be specially devoted 
to the consideration of the binding obligation to ' ' Remember the Sabbath 
day to keep it holy;" and that we earnestly invite all Christians to unite 
with us in setting apart that Sabbath for special instruction in the home, 
in the church, and in the Sunday-school in reference to the Lord's day. 

Resolved, 5. That those Sabbath associations of our land, having a 
Christian basis, and being in sympathy with Sunday laws passed with a 
view to protect the day of rest and worship, should have a claim upon 
the cooperation and practical support of the Christian public, and that 
we especially indorse with our cordial approval the American Sabbath 
Union and the Woman's National Sabbath Alliance (auxiliary to the 
American Sabbath Union), and recommend these organizations espe- 
cially to Christian men and women in all our communities. — 1896, pp. 
24-27. 

C. Resolved, 1. That the General Assembly reaffirms its belief that the 
law of the Sabbath is a law of perpetual binding obligation upon all 
men. 

Resolved, 2. That we call upon all members of our churches, members 
of Young People's Societies and Sabbath -schools, together with all 
friends of God's law, to use their personal influence for the Biblical 
observance of the day by abstaining from the purchase and reading of 
the Sunday newspaper, from all riding of the bicycle for pleasure or 
recreation on the Lord's day, from all forms of amusements, from unneces- 
sary visiting and from all things that are unproductive of holiness in 
men, and to be faithful to religious duty and life on this holy day. 

Resolved, 3. That while the ministers of the Presbyterian Church are 
to be commended for their faithful presentation of the truth concerning 



OF THE SANCTIFICATION OF THE LORD'S DAY. 821 

the claims and obligations of the Sabbath they are reminded of the 
necessity of renewed diligence in its defense and proper observance. 

Resolved, 4. That the American Sabbath Union and the Woman's 
National Sabbath Alliance, societies organized for the purpose of enlist- 
ing all Christian men and women in the work of conserving the Ameri- 
can Sabbath and also to organize auxiliary societies for the distribution 
of Sabbath literature, and to use all methods for the quickening of the 
public conscience, and awakening interest for the promotion of the 
Biblical Christian Sabbath, receive our cordial indorsement and approval. 
And we hereby heartily commend them to those who are stewards of the 
Lord's gold and silver, a small portion of which is necessary for their 
work.— 1897, p. 40. 

16. Decoration of soldiers' graves upon the Sabbath disapproved. 

Resolved, That while this Assembly sympathize most heartily with 
the noble and touching tribute to be paid to the memory of our buried 
soldiers whose lives were sacrificed in the cause of the Union, as, under 
the auspices of the Grand Army of the Republic, their graves are to 
be decorated with floral offerings, yet we enter our most earnest protest 
against the proposed unnecessary desecration of the Sabbath for this pur- 
pose ; and urgently request the proper authorities to appoint the next 
Saturday as the time for this interesting ceremony. — 1869, p. 259, N. S. 

[Note. — A committee was appointed by each of the Assemblies, 0. S. and N. S., 
then meeting in New York (1869, p. 259, N. S. ; p. 900 O. S.) ; to confer with the 
authorities of the Grand Army. The parade took place on Monday.] 

III. Let the provisions for the support of the family on that day be 
so ordered, that servants or others be not improperly detained from the 
public worship of God; nor hindered from sanctifying the Sabbath. 

IV. Let every person and family, in the morning, by secret and 
private prayer, for themselves and others, especially for the assistance of 
God to their minister, and for a blessing upon his ministry; by reading 
the Scriptures, and by holy meditation ; prepare for communion with God 
in his public ordinances. 

V. Let the people be careful to assemble at the appointed time ; that, 
being all present at the beginning, they may unite, with one heart, in all 
the parts of public worship : and let none unnecessarily depart, till after 
the blessing be pronounced. 

VI. Let the time after the solemn services of the congregation in 
public are over, be spent in reading; meditation; repeating of sermons; 
catechising ; religious conversation ; prayer for a blessing upon the public 
ordinances; the singing of psalms, hymns, or spiritual songs; visiting the 
sick ; relieving the poor ; and in performing such like duties of piety, 
charity, and mercy. 

1. Instruction in the Holy Scriptures. 
Resolved, 1. That it be recommended, and it is hereby recommended, 
earnestly to the ministers and Sessions which are in connection with the 
General Assembly, to pay especial attention to this subject, and provide 
without delay for the stated instruction of the ehildreu and youth in the 
sacred Scriptures within their respective congregations. 



822 DIRECTORY FOR WORSHIP, CHAP. I. 

Resolved, 2. That although the particular manner of instruction and 
recitation in the congregations ought to be left to the discretion of their 
ministers and Sessions respectively ; yet as some degree of uniformity is 
desirable in a business of so much magnitude, it is recommended as the 
most effectual means of promoting the knowledge of the Holy Scriptures, 
that in all our churches, classes be formed of the youth to recite the 
Scriptures in regular order; that the recitations, if convenient, be as 
often as once a week, and from two to five chapters appointed for each 
recitation ; that the youth be examined on, 

(1) The history of the world, but more especially of the Church of 
God, and of the heathen nations who were God's agents in accomplishing 
His purposes toward His Church. 

(2) Persons noted for their piety or ungodliness, and the effects of 
their example in promoting or injuring the best interests of mankind. 

(3) Doctrines and precepts, or " what man is to believe concerning 
God, and what duty God requires of man." 

(4) Positive ordinances, or the directions which God has given as to 
the way in which He is to be worshiped acceptably. 

(5) The particular features of character of which the Spirit of God 
has given notice, both in wicked and good persons ; in the last particu- 
larly regarding those who were types of Christ, and in what the typical 
resemblance consisted. 

(6) The gradual increase from time to time of information concerning 
the doctrines contained in the Scriptures; noting the admirable adapta- 
tion of every new revelation of doctrine to the increased maturity of the 
Church. The nature of God's law, its immutability, as constituting an 
everlasting rule of right and wrong, the full and perfect illustration of 
its precepts given by Christ. 

(7) The change which God has made from time to time in the positive 
ordinances, together with the reasons of that change. The difference 
between the moral law, and those laws which are positive. 

(8) The illustrations of the divine perfections in the history, biog- 
raphy, doctrines and precepts, together with the positive ordinances of 
the Scriptures. 

(9) The practical lessons to regulate our conduct in the various rela- 
tions of life. 

On all these particulars the meaning of the words used in Scripture 
must be ascertained, and thus we may understand what we read. 

Resolved, 3. That the Presbyteries under the care of the Assembly be 
directed to take order on this subject, and they are hereby informed that 
this is not to come in the place of learning the Catechism of our Church, 
but to be added to it, as an important branch of religious education. — 
1816, p. 627. 

2. On Sabbath-schools and instruction of the young. 

a. In all parts of the Church, Sunday-schools are established, and , 
there is but one sentiment respecting them. The Assembly consider them 
as among the most useful and blessed institutions of the present day. 
They have a most extensive reforming influence. They apply a power- 
ful corrective to the most inaccessible portions of the community. They 
begin moral education at the right time, in the best manner, and under 
the most promising circumstances. They act indirectly, but most power- 
fully, upon teachers and parents, and frequently become the means of 



OF THE SANCTIFICATION OF THE LORD ? S DAY. 823 

bringing them to the church, and to the knowledge and love of the truth. 
Sunday-schools are highly useful everywhere; but they are peculiarly 
adapted to new and destitute regions of the Church. The plan is sim- 
ple and easily accomplished. It requires comparatively little knowledge 
and experience to conduct them with ability. Very much good has been 
accomplished by the instrumentality of young ladies and gentlemen. 
The pleasing scene is often witnessed in some of our new settlements, of 
large meetings of children on the Lord's day, in schoolhouses, or beneath 
the shade of the original forest. The voice of praise and prayer is 
heard, and the Word of the living God is proclaimed, amid the most 
beautiful works of His hand. — 1824, p. 129. 

b. Resolved, That the General Assembly do cordially approve of the 
design and operations of the American Sunday-school Union; and they 
do earnestly recommend to all ministers and churches under their care to 
employ their vigorous and continued exertions in the establishment and 
support of Sabbath -schools. — 1826, p. 181. 

C. Resolved, 1. That the Assembly regard the religious education of 
youth as a subject of vital importance, identified with the most precious 
interests and hopes of the Christian Church. 

2. That the present indications of divine providence are such as impe- 
riously to demand of the Christian community unusual effort to train up 
the rising generation in the nurture and admonition of the Lord. 

3. That the Board of Missions be and hereby are instructed to enjoin 
it on their missionaries sedulously to attend to the religious education of 
the young ; and particularly that they use all practical efforts to establish 
Sabbath- schools; and to extend and perpetuate the blessings of Sabbath- 
school instruction. 

4. That the system of Sabbath-school instruction, now in prevalent 
and cheering operation, be and hereby is most earnestly recommended to 
the attention of the pastors and Sessions of all our churches. 

5. That the Presbyteries be and hereby are enjoined to make the 
progress of the Sabbath- school cause within their bounds the subject of 
special inquiry, and annually to transmit the results of such inquiry to 
the General Assembly. 

6. That inasmuch as the advantages of the Sabbath -school may, in 
some cases, be the occasion of remissness in the important duty of family 
instruction, it be and hereby is earnestly recommended to heads of 
families not to relax in their personal religious efforts at home, and in 
the domestic circle ; but that they abound more and more in the use of all 
appropriate means, to promote sound knowledge and experimental piety, 
in every member of their households. 

7. That as there is reason to apprehend that the Catechisms of this 
Church have not, in some parts of our Zion, received that measure of 
attention to which their excellence entitles them, it be and hereby is 
recommended to pastors, Sessions, heads of families, superintendents of 
Sabbath- schools, and all charged with the education of youth, in our 
connection, to give these admirable summaries of Christian truth and 
duty a prominent place in their instructions to the youth and children 
under their care. 

8. That it be and hereby is recommended to the pastors and Sessions 
of our churches to make themselves acquainted with the system of infant- 
school instruction, now in happy progress in many places, and if practi- 



824 DIRECTORY FOR WORSHIP, CHAP. I. 

cable to establish such schools in their congregations. — 1830, pp. 303, 
304. 

[Note.— See under Form of Government, Chap, xii, Sec. v, Board of Publication 
and Sabbath-school Work, p. 366, seq.~\ 

3. Pastoral Letter on Sabbath-schools. 

The Committee appointed to prepare a Pastoral Letter presented their 
report, which was adopted, viz. : 

The General Assembly of the Presbyterian Chnrch in the United States 
of America, greeting, to the Sessions of the churches, and through them 
to the parents and Sabbath- school teachers in our connection: 

As ministers and ruling elders representing the Presbyteries and 
churches, and met in the highest judicatory of our Church, we address 
to you, as coworkers with us, this Pastoral Letter. 

We address you in behalf of the vast crowds of children springing 
into life and rapidly rising into manhood and womanhood, than which no 
more affecting vision looms up to the view of the Christian and the Chris- 
tian Church. 

Grave questions force themselves upon us as to these : What is to be their 
aim ? What is to be their character ? What is to be their destiny ? 
What duty is each of us called to in reference to the rising race ? In 
the language of Manoah concerning his son, who was to be the avenger 
of Israel, " How shall we order the child, and how shall we do unto 
him?" 

As Samson, his son, was to go forth, after suitable training, in the 
prowess of his physical strength to compete with the enemies of Israel, 
so are the children under our training to go forth to the great spiritual 
conflict. How, then, shall they be ordered ? how trained as Christian 
athletes, to be able to burst asunder the green withes and the new ropes 
with which sin would bind them, and to push down the pillars of 
Dagon's temple ? Not only are they to be trained to stand firm when 
assaulted with temptations, but to make onslaughts upon the powers of 
darkness. 

In view of the seductive influence of much of our modern literature 
on the one hand, and the facilities for effecting good by well aimed 
efforts on the other, the children are to be taught, not only to use defen- 
sive armor, but to employ the weapons which are mighty through God to 
the pulling down of strongholds. 

Are the lives of our children to be a failure, and worse than a failure ? 
or are they to ^be examples of virtue and piety, in whose light others 
shall walk in the path of life ? 

Among the instrumentalities to lead our children to safety and useful- 
ness we recognize the Sabbath school as occupying a position of very 
high prominence. But the value of the Sabbath-school depends upon 
the kind of instruction imparted. 

We concede that the International Sabbath- school system recently 
inaugurated is one of great excellence, and the blessings flowing from its 
introduction, we trust, will be many and substantial. But it is our hope 
and expectation to engraft upon it still better scions, that shall yield 
richer and better fruit. We are already, as many of you know, sending 
forth helps, through our Board of Publication, which weave into the 
lessons the Shorter Catechism, suggested, illustrated and enforced by the 
passages of Scripture forming the basis of these Lessons. We have 



OF THE SANCTIFICATION OF THE LORD'S DAY. 825 

recommended to the Board " to incorporate into its system of Lesson 
Papers and Question Books brief expositions of the answers of the 
Shorter Catechism. ' ' 

We feel constrained, therefore, to exhort you affectionately to have 
introduced, if it has not been done, into the Sabbath-schools the Question 
Books and Lesson Papers published by our own Board of Publication 
rather than to depend upon helps from sources less decided for the truth. 
We affectionately exhort that the Shorter Catechism be used in all our 
Sabbath-schools, that parents assist the teachers in encouraging their 
children to commit the same to memory, and that teachers make these 
young disciples familiar, not only with the tried and eminently rich 
doctrines and important duties taught in our Standards, but with our 
Form of Government and Directory for Worship. Let each Session, at 
its earliest convenience, take action on the subject. 

If parents and teachers would honor these Standards in their families 
and schools, there would be wrought into the hearts and minds of the 
rising race a love for the good and the true, such as no false system could 
displace. Formulated and wholesome doctrines would not be dispar- 
aged, and pure gold would not give place to tinsel. 

We need not remind you that the apostles frequently inculcate, in 
their epistles, the importance of adhering to sound doctrine. The disci- 
ple whom Jesus loved, and who leaned upon His breast at the holy com- 
munion, rejoiced greatly in his fellowship with the Father and with His 
Son Jesus Christ. And yet he says, "I have no greater joy than to 
know that my children walk in truth " (3 John 4). So every minister 
and parent and Christian should rejoice in knowing that the hearts of 
the young are brought under the influence of divine truth. 

The history of the progress and decline of truth, alternately assaulting 
and yielding to error, presents a story full of interest and instruction. 
With what a glorious light did it burst upon the European world three 
centuries ago, when the Papacy received a blow from which it has never 
recovered ! And how did it rise again when France and Germany and 
the most of the nations of Europe were declaring for Protestantism! 
Then it was that the founder of the Jesuits contrived to bring back the 
waning power of Popery. He trained teachers, he sent them out into all 
the lands, men of popular address and of missionary zeal to make prose- 
lytes; and schools were established, and young hearts were won for 
Rome, and Popery again stood up erect. This has been Rome's policy 
ever since, and this has been the secret of her success. 

Who shall teach the young, and how shall they be taught ? is the ques- 
tion of the age. The conflict between truth and error will continue, and 
parents and teachers must gird themselves for the earnest battle. 

Beloved brethren in the Lord, let us awake to the vast importance of 
training a people for God and for our country. Our children should 
learu that this land is given them for the salvation of the world. Let 
teachers be impressed with the truth that the child is more important than 
the man, because it has a better opportunity to be moulded for the work 
of God, and because it has a longer future for its work. When the heart 
of the fathers shall be turned to the chidren, and the heart of the chil- 
dren to their fathers, God will not come and smite the land with a curse. 
Sow the seed, then, in hope; for " he thatgoeth forth and weepeth, bear- 
ing precious seed, shall doubtless return again with rejoicing, bringing his 
sheaves with him." 



826 DIRECTORY FOR WORSHIP, CHAP. I. 

The words which you utter to your children and your classes are letters 
inscribed on veiled tablets, to be unveiled, if not sooner, when the Great 
Assembly shall meet. The minds of these young immortals are so many 
phonographs, to receive your words, and to reproduce them when your 
tongues shall be silent in death, and they may be rehearsed to millions in 
the great future. Abel, " being dead, yet speaketh." — 1878, pp. 
95-98. 

4. Cathechetical instruction enjoined. 

a. Resolved, That as there is reason to apprehend that the Catechisms 
of this Church have not in some parts of our Zion received that measure 
of attention to which their excellence entitles them, it be, and hereby is 
recommended to pastors, Sessions, heads of families, superintendents of 
Sabbath -schools, and all charged with the education of youth, in our 
connection, to give these admirable seminaries of Christian truth and duty 
a prominent place in their instructions to the youth and children under 
their care.— 1830, p. 304. 

b. Resolved, That the use of the Catechism in the religious instruction 
of the young, and of the children under the care of the Church, be 
affectionately and earnestly recommended to the Sessions in connection 
with the General Assembly, as the most effectual means under God of 
preserving the purity, peace and unity of the Church. — 1832, p. 372. 

C. The following resolutions on the subject of catechetical instruction 
were unanimously adopted, viz. : 

Resolved, 1. That this General Assembly consider the practice of cate- 
chetical instruction as well adapted to the prosperity and purity of our 
Zion. 

Resolved, 2. That this Assembly view also with deep regret the neglect, 
on the part of many of our churches, of this good old practice of our 
fathers; a practice which has been attended with such blessed results to 
the cause of pure and undefiled religion. 

Resolved, 3. That the institution of Sabbath -schools does not exonerate 
ministers and parents from the duty of teaching the Shorter Catechism 
to the children of the Church. 

Resolved, 4. That this Assembly earnestly and affectionately recommend 
to all ministers and ruling elders in its connection to teach diligently the 
young of their respective congregations the Assembly's Shorter Cate- 
chism.-1849, p. 181, N. S. 

d. Resolved, That the Assembly regard Christian training at all periods 
of youth and by all practicable methods, especially by parents at home, 
by teachers in institutions of learning, and by pastors through catechetical 
and Bible classes, as binding upon the Church according to the injunction, 
" Train up a child in the way he should go," and as having a vital 
connection with the increase of numbers and efficiency, of the ministry 
and of the stability and purity of the Church. — 1854, p. 30, O. S. 

e. Resolved, That this Assembly recommend that the Westminster 
Assembly's Catechism be introduced as a text-book into all the Sabbath- 
schools under our supervision and control, where it is not now used. — 
1866, p. 278, N. S. 

5. Relation of Sabbath-schools to the family. 
We are pleased to find that our Sabbath-school system appears to be 
gaining upon the confidence of the churches, but we caution heads of 
families against the idea that their duties may be delegated to the Sab - 



OF THE SANCTIFICATION OF THE LORD'S DAY. 827 

bath-school teacher. The obligations of parents are intransferable. The 
teacher is not the parent's substitute, but his helper; and it is equally 
the duty of the parent to superintend the instruction of his family as 
though there were no such thing as a Sabbath- school. — 1840, p. 310, O. 
S.; 1877, p. 516. 

6. Relation of the Sabbath-school to the Session. 

a. These schools should always be under the direction of the pastor 
and Session, and they should see to it that our Catechisms constitute, in 
all cases, a part of the regular course of instruction. — 1840, p. 310, 
O. S. ; 1877, p. 516. 

b. The Sabbath -school — like all the religious institutions and agencies 
of each individual church — is and ought to be under the watch and care 
of the Session, and should be regarded not as superseding but as cooper- 
ating with the entire system of pastoral instruction, the responsibilities 
of which it should not in any manner diminish. — 1863, p. 241, N. S. ; 
1877, p. 516. 

C. The Assembly resumed the unfinished business, being the considera- 
tion of the report of the Committee on Sunday-schools, which was 
amended, adopted, and is as follows: .... 

Resolved, 1. That it belongs emphatically to the pastor and elders of 
each congregation to direct and supervise the whole work of the spiritual 
training of the young, and that it is an important part of the functions of 
their office both to encourage parents to fidelity in bringing up their chil- 
dren in the nurture and admonition of the Lord, and also to secure the 
cooperation of all the competent members of the Church in the religious 
education of all the children and youth to whom they can gain access. 

2. That great attention ought to be paid to the work of inculcating 
lessons from the sacred Scriptures, and of fixing in the memory the 
Catechisms of our Church both as to its doctrine and polity ; and still 
further, of combining all the schools of a congregation in united worship 
as far as possible, and especially of leading them to Jesus in the exercise 
of a liviDg faith and continued reliance on the Holy Spirit. 

3. That to the above end we would further recommend to the pastors 
that they adapt, wherever practicable, the second discourse of every 
Sabbath particularly to the young of their flock; thus affording to this, 
the most susceptible and hopeful portion of their fields, at least one-half 
of their time and labor, and giving their children distinctly to feel that 
they have a place, no less in the sanctuary than in the Sunday-school, 
both for worship and instruction. 

4. That church Sessions be required to furnish in their statistical 
reports a full account of the number of Sunday-school scholars and 
teachers in their respective congregations, to be embodied in the Assem- 
bly's minutes. 

5. That a Permanent Committee of the Assembly be appointed, whose 
duty it shall be to take charge of this great interest, and to report what- 
ever may quicken and stimulate the Church in its duty of training the 
young according to the Word of God. 

6. That this General Assembly earnestly recommend to the pastors of 
the churches within its bounds to present before their congregations, in 
one or more discourses, the relation of baptized children to the Church, 
and the reciprocal duties between parents and children growing out of 



828 DIRECTORY FOR WORSHIP, CHAP. I. 

this relation, as defined in the Word of God and declared in the doctrines 
of our Church. 

7. That it is exceedingly desirable that the entire congregation, old 
and young, be permanently connected with the Sunday-school either as 
scholars or teachers.— 1864, pp. 507, 508, N. S. ; reaffirmed, 1877, p. 
516. 

d. The Committee to whom were referred certain resolutions on the 
subject of Sabbath- schools would respectfully report the following 
minute : 

The Sabbath -school, in its original design, as it lay in the mind of its 
founder, was simply a means of imparting instruction to the children of 
the poor. While that great purpose should never be lost sight of, yet 
the institution has grown to be an important auxiliary to the Church in 
the instruction and religious culture of her children. As such, it 
naturally comes under the direction of the pastor and Session of each 
church, and they should ever be recognized as its proper guardians and 
supervisors. They have no more right to relinquish this solemn respon- 
sibility than they have to give up the care and discipline and instruction 
of the church. He who said to His apostle, "Feed my sheep," said 
also, " Feed my lambs." With this obvious fact of the responsibility 
of pastors for the children of their churches, the General Assembly does 
hereby set forth the following principles as guides to pastors and Sessions 
in fulfilling their duties in respect to the Sabbath-school work. 

1. The pastoral office involves the practical supervision of the Sab- 
bath-school. The pastor should frequently, if not constantly, be present 
to counsel and aid those who may under him be engaged in the work of 
instruction. 

2. While the Holy Bible is the great text-book of the Sabbath -school, 
it is eminently fitting that the summary of Christian doctrine as contained 
in our admirable Shorter Catechism should also be taught, and that a 
lesson therefrom should be recited at least once a month, and that at least 
once in a quarter the pastor himself should examine the whole school 
therein, adding thereto such explanations and illustrations as may to him 
seem proper. 

3. The books of the Sabbath -school library should be wholly subject 
to the supervision of the pastor and ruling elders, and no work, except 
it be published by our Board of Publication, shall be admitted, which 
they have not approved. In this examination care should be taken that 
no book receives their sanction which might give the minds of children 
a bias unfavorable to the order, doctrine and practices of our Church, 
or which might beget a taste for frivolous literature, or which does not 
impart some weighty truth or important information. 

4. In addition to the exercises of the Sabbath- school, every pastor 
should hold frequent meetings, especially for the children, in which the 
addresses and services are adapted to their intellectual capacities and 
wants. 

5. Presbyteries are hereby enjoined, in their annual inquiry into the 
state of the churches within their bounds, to ascertain whether these 
principles are adhered to, and how far they are carried into practice. 

6. The Assembly furthermore recognizes the importance of securing 
for those engaged in the work of Sabbath -school instruction all the aids 
that may have been prepared either in our own country or abroad, 
whether in illustration or explanation of the doctrines of the Word of 



OF THE S A NOTIFICATION OF THE LORD'S DAY. 829 

God, or in reference to the conduct and discipline of the Church, or in 
regard to the best methods of securing its prosperity and largest success. 
For this purpose the Board of Publication is directed to add to their list 
of works all such helps to Sabbath-school instruction as may be found 
valuable and useful, either by the republication of standard foreign 
works, or the issue of those which may be obtained from authors at 
home, and to procure for the use of pastors and teachers, at their request, 
such works published by other societies or establishments as may be valu- 
able auxiliaries in the great work of the Sabbath -school. 

7. It should be the aim of all engaged in the religious culture 
of the young, whether parents or guardians, or pastors and teachers, to 
counteract, as far as possible, the tendencies of the age to unhealthy 
excitements, to a vapid and enervating literature, which only enfeebles 
and demoralizes the mind, and often corrupts the heart; to induce the 
youth under their care to seek for sound and wholesome doctrine ; to 
correct their taste ; to beget in them a love for those noble and substantial 
works which were the food on which our fathers fed, and by which they 
grew into a strength and greatness which has made them ever after to be 
remembered.— 1867, p. 351, O. S. ; confirmed, 1877, p. 516. 

e. We again call the attention of our Sabbath -schools to the deliver- 
ances of former General Assemblies, which refer the supervision of their 
work, the selection of officers and teachers, the direction of the benevo- 
lence, and the general conduct of the school to the Session of the church. 
—1885, p. 627. 

7. Superintendents to be appointed or approved by Session. 

a. In all of our Sabbath- schools superintendents should be chosen or 
appointed, subject to the approval of the Session. — 1878, p. 26. 

b. The Assembly earnestly recommends the Sessions of all our 
churches, in the exercise of their right, to appoint the superintendent 
and maintain a careful and authoritative supervision of all the Sabbath- 
school work of their congregations and mission enterprises. — 1882, p. 49. 

8. Teachers to be approved by Session. 

The selection of teachers belongs to the Session of the church. — 1885, 
p. 627. 

9. Primary instruction to be given. 

It is recommended to the pastors and Sessions of our churches to make 
themselves acquainted with the system of infant-school instruction, and 
to establish such schools in their congregations. — 1830, p. 303. 

10. The Shorter Catechism to be taught in the schools. 

The use of the Catechism in the religious instruction of the young, 
and of the children under the care of the church, is affectionately and 
earnestly recommended to the Sessions, as the most effectual means, under 
God, of preserving the purity, peace and unity of the Church. — 1832, 
p. 372. 

The pastors and Sessions should see to it that in congregations where 
the Shorter Catechism is neglected, it be introduced and used with due 
prominence. — 1878, pp. 25, 26. 

The Assembly earnestly recommends the systematic study of the 
Shorter Catechism in all the Sabbath-schools. — 1891, p. 129. 



830 DIRECTORY FOR WORSHIP, CHAPS. I— II. 

11. The schools to be supported by the churches. 
Many of our schools are left by the particular churches to which they 
belong without any proper provision for their support. The schools are 
left to provide the funds for their current expenses; and the inteK 
interest and affection of the children are centred iu self-care. No more 
should parents expect their little children to pay for their own bread, 
clothes and schoolbooks than should the church expect them to bear the 
expense of their instruction in the Sabbath -school. — 1895, p. > s 

12. Sessions to supervise the contributions of the schools. 

That pastors and Sessions be urgently requested to maintain a careful 
supervision of the objects for which collections are made in the Sabbath- 
schools, and to secure their contribution to our own benevolent causes. — 
1882, p. 4-. 

The Presbyterian Church should " make the Sabbath-school a training 
school in methods and objects of Christian benevolence, to the eud that 
our young people may understand the work and love the great Boards of 
our Church — not part, but all of them. — 1895, p. ^ v 

13. Children's Day commended. 
The General Assembly notices with approval the observance by our 
churches and Sabbath-schools of the second Sabbath oIl June, designated 
as • Children's Day," and emphasizes the importance of seeking the 
presence and power of the Holy Spirit in these service-, that they may 
not be simply attractive, but profitable, contributing to the conversion 
and Christian nurture of the young. — 1885, p. 62 

14. Presbyterian Lesson Helps to be used. 
There is nothing now in the complaint, so often heard in former years. 
that Presbyterian Lesson Helps are too expensive. A careful compari- 
son with the price of " Helps " published by the leading houses in this 
business, shows that our Board is furnishing better goods for les- 
and if this were not enough, it is giving free of all cost supplies to needy 
schools. There is no shadow of justification, or even excuse, for patron- 
izing irresponsible concerns whose supplies would be dear at any price. — 
1895, p. 88. * 

15. Loyalty to our own Sabbath-school agencies recommended. 
There is no force in the plea for non-denominational work as being 

better adapted to reach the masses. People will love the agency that 
cares for them ; they will love the Presbyterian Church, and come into 
it gladly, if the Presbyterian Church proves that she lovgs them and 
seeks their good. So we urge our people to stand loyally by their own 
Church agency for this work, and to give what they have for this cause, 
through our own Board. — 1895, p. 88. 

16. Standing Committees of Presbyteries and Synods on Sabbath- 

school Work. 

The Assembly recommends that a Standing Committee on Sabbath - 
schools be appointed by each Presbytery and Synod for the purpose of 
holding Sabbath-school institutes, stimulating normal classes, guarding 
against the intrusion of outside lesson helps, purifying the literature of 
Sabbath -school libraries, and to obtain statistics for the use of the secre- 
tary of this department. — 1882, p. 48. 



OF THE ASSEMBLING AND BEHAVIOR OF THE CONGREGATION. 831 

17. Systematic Bible study by the whole congregation. 

1. Pastors and Sessions are urged to put forth practical and persistent 
efforts to enlist their entire congregations in systematic Bible study and 
teaching in connection with the Sabbath-school. 

2. The General Assembly again emphasizes the duty of church Ses- 
sions to exercise supervision over their Sabbath-schools, especially in the 
choice of officers and teachers 

3. In the judgment of the General Assembly, greater prominence 
should be given in Sabbath-school contributions to the causes represented 
by our Boards, that the scholars may be educated intelligently to con- 
tribute to each always, and especially remembering the Sabbath-school 
Missionary Department of the Board of Publication. Adopted. — 1883, 
p. 616. 



CHAPTER II. 



OF THE ASSEMBLING OF THE CONGREGATION AND 
THEIR BEHAVIOR DURING DIVINE SERVICE. 

I. When the time appointed for public worship is come, let the people 
enter the church, and take their seats in a decent, grave, and reverent 
manner. 

II. In time of public worship, let all the people attend with gravity 
and reverence ; forbearing to read anything, except what the minister is 
then reading or citing; abstaining from all whisperings; from salutations 
of persons present, or coming in; and from gazing about, sleeping, 
smiling, and all other indecent behavior. 

1. Posture in public prayer. 

a. On an overture from the Presbytery of Philadelphia, asking the 

Assembly to adopt measures for arresting or abating the growing evil of 
sitting in public prayer, the Assembly took action, viz. : 

While the posture of standing in public prayer, and that of kneeling 
in private prayer, are indicated by examples in Scripture, and the 
general practice of the ancient Christian Church, the posture of sitting 
in public prayer, is nowhere mentioned, and by no usage allowed; but, on 
the contrary, was universally regarded by the early Church a3 heathenish 
and irreverent, and is still, even in the customs of modern and Western 
nations, an attitude obviously wanting in the due expression of rever- 
ence; therefore this General Assembly 

Resolve, That the practice in question be considered grievously 
improper, whenever the infirmities of the worshiper do not render it 
-ary; and that ministers be required to reprove it with earnest and 
persevering admonition. — 1849, p. 255, O. S. 

b. Pteaffirmed by the Assembly of 1857, p. 38, O. S. 

C. An overture from the Presbytery of Michigan in relation to 
posture in prayer and praise, with the answer that action is inexpedient, 
which was adopted. — 1870, p. 28. 

[Note.— See Minutes, 1854, p. 509. H. S.] 



832 DIRECTORY FOR WORSHIP, CHAP. III. 



CHAPTER III. 

OF THE PUBLIC READING OF THE HOLY 
SCRIPTURES. 

I. The reading of the Holy Scriptures, in the congregation, is a part 
of the public worship of God, and ought to be performed by the minis- 
ters and teachers. 

II. The Holy Scriptures of the Old and New Testament shall be 
publicly read, from the most approved translation, in the vulgar tongue, 
that all may hear and understand. 

[Note. — See Confession of Faith, Chap, i, Sec. viii, p. 66.] 

THE REVISED VERSION. 

1. The Assembly expresses neither approval nor disapproval. 

Overture from the Presbytery of Dayton, asking that the Assembly 
commend the use of the Revised Version of the Scriptures, and from the 
Synod of Baltimore, on the same subject. 

We recommend answer as follows: The Revised Version, however 
valuable it may be as a help in the study of the Scriptures, is still upon 
its trial among English-speaking people. Therefore the time has not 
arrived for the Assembly to express approval or disapproval. Meanwhile 
we call the attention of ministers and Sessions to Chap, iii, Sec. ii, of 
the Directory for Worship. Adopted.— 1887, p. 82. 

2. Inexpedient to authorize its use in public worship. 

Overture from the Synod of Baltimore, and from the Presbytery of 
Dayton, the former asking whether the use of the Revised Version of 
the Holy Scriptures in public worship is consistent with Chap, iii, Sec. 
ii, of the Directory for Worship ; and the latter asking the Assembly to 
allow the use of the Revised Version in the public services of the sanc- 
tuary, with a view to removing an occasion of complaint in some churches. 

It is recommended that in the present unsettled condition of opinion 
regarding the Revised Version of the Sacred Scriptures, it be deemed 
inexpedient for the General Assembly to authorize its use in the public 
worship of the sanctuary. Adopted. — 1888, p. 72. 

3. Inexpedient to direct its use in public worship. 

Overture from the Presbytery of Dayton, as follows : ' ' The Presbytery 
of Dayton, being persuaded that good could be done by the more general 
use of the ' Revised Version of the Scriptures ' in the services of the 
sanctuary, because of the light it throws on God's truth, respectfully 
overtures the General Assembly to commend its use by the ministry and 
teachers in our Sabbath -schools, and thus relieve the minds of such as, 
from scruples of conscience, refrain from the use of it, because its use 
has not been formally sanctioned by the General Assembly." The 
Committee answer, that while in the present unsettled condition of 
opinion regarding the Revised Version of the Scriptures, the Assembly 
deems it inexpedient to direct its use in the public worship of God, its 



OF THE PUBLIC READING OF THE HOLY SCRIPTURES. Sod 

action must not be construed as intending to detract from the value of the 
Revised Version, or to express any want of confidence in it. The As- 
sembly feels assured that the recent revision will, if found worthy, estab- 
lish its value in the estimation of the people of God, and that the 
sanction of the Assembly is not needful. Adopted. — 1889, p. 80. 

4. No official sanction of its use necessary. 

Overture from the Presbytery of Los Angeles, asking the sanction of 
the Assembly on the use of the Revised Version of the Scriptures in 
public worship. 

Recommended, That in view of the liberty already received no official 
sanction is necessary. Adopted.— 1892, p. 178. 

5. Appointment of commission declined. 

In answer to overtures asking the General Assembly of 1887 to com- 
mend the use of the Revised Version of the Holy Scriptures, the Assem- 
bly replied as follows: 

" That, however valuable it may be as a help in the study of the 
Scriptures, it is still upon its trial among English-speaking people; there- 
fore the time has not arrived for the Assembly to express approval or 
disapproval. Meanwhile, we call the attention of ministers and Sessions 
to Chap, iii, Sec. ii, of the Directory for Worship " (Minutes, General 
Assembly, 1887, p. 82). 

Directory for Worship, Chap, iii, Sec. ii, reads as follows : 

" The Holy Scriptures of the Old and New Testament, shall be pub- 
licly read, from the most approved translation, in the vulgar tongue, that 
all may hear and understand." 

And Sec. iii says, the minister " may, when he thinks it expedient, 
expound any part of what is read." 

As our Directory for Worship authorizes our ministers in reading ' ' the 
most approved translation, in the vulgar tongue, " to " expound any part 
of what is read," and as it is not probable that the Authorized Version 
of the Holy Scriptures will be displaced by any New Version in this 
generation, we do not recommend the appointment of the Commission 
asked for in this overture. Adopted. — 1896, p. 158. 

III. How large a portion shall be read at once, is left to the discretion 
of every minister : however, in each service, he ought to read, at least, 
one chapter ; and more, when the chapters are short, or the connection 
requires it. He may, when he thinks it expedient, expound any part of 
what is read : always having regard to the time, that neither reading, 
singing, praying, preaching, or any other ordinance, be disproportionate 
the one to the other; nor the whole rendered too short, or too tedious. 

1. The early rule for the reading of the Scriptures. 
Overtured, That every minister, in their respective congregations, read 
and comment upon a chapter of the Bible every Lord's day as discretion 
and circumstances of time, place, etc., will admit. Adopted. — 1707, 
p. 10. 

2. Responsive services in public worship unwise. 
Overture from the Presbytery of Baltimore in regard to responsive 
and ritualistic services. 
53 



834 DIRECTORY FOR WORSHIP, CHAPS. III-IV. 

The Committee recommend these resolutions: 

1. That the practice of responsive service in the public worship of the 
sanctuary is without warrant in the New Testament, and is unwise and 
impolitic in view of its inevitable tendency to destroy uniformity in our 
mode of worship. 

2. That the Sessions of the churches are urged to preserve, in act and 
spirit, the simplicity of service indicated in the Directory for Worship. 
Adopted.— 1874, p. 83. 

[Note.— See Digest, 1886, p. 784 ; Minutes, 1869, p. 926, 0. S.] 

3. Responsive reading not a subject of church discipline. 

Overture from the Synod of Toledo, asking that the General Assembly 
transmit to the Presbyteries an overture which shall settle clearly that 
responsive readings are a permissible part of public worship, or the 
opposite. 

The Committee recommend the following answer: 

This Assembly does not deem it advisable to send down such an over- 
ture. Referring to past action of the General Assembly for an opinion 
as to the usage in question, this Assembly is not prepared to recommend 
to the Sessions to make it a subject of church discipline. — 1876, p. 79. 

4. Responsive reading judicially declared not to be a violation 
of the Constitution. 

The Judicial Commission, in the case of the appeal of Charles D. 
Drake, against the Synod of Baltimore, made report as follows, which 
was adopted, and ordered on record: 

In the matter of the appeals of Charles D. Drake from the judgments 
of the Synod of Baltimore, to the General Assembly of the Presbyterian 
Church in the United States of America, entitled: Charles D. Drake 
vs. George O. Little, appeal from judgment of Synod of Baltimore; 
and Charles D. Drake vs. Teunis S. Hamlin, appeal from same Synod, 
the duly constituted Commission make up the following record and 
report: .... 

Charles D. Drake presented two complaints to the Presbytery of 
Washington City against the defendants above named. The same com- 
plaints were alike, and contained substantially the following charge and 
specification : 

Charge. — The violation of the Constitution of the Presbyterian Church 
in the United States. 

Specification. —That the said defendants, being ministers, in the months 
of March and April of A.D. 1887, did in the Assembly's churches, 
introduce into the public worship of the congregations, respectively, the 
practice of responsive service in the reading of portions of the Holy 
Scriptures. 

The Presbytery of Washington City dismissed the complaints of the 
said Charles D. Drake as not sufficient in substance to furnish grounds to 
order process. 

The Synod of Baltimore refused to entertain the appeals of the said 
cases by the said Charles D. Drake from the judgments of the said Pres- 
bytery of Washington City, and dismissed the said appeals and sustained 
the action of the said Presbytery. 

The appellant assigned the refusal of the Synod of Baltimore to sustain 
Iris appeals from the judgments of the Presbytery of Washington City in 



OF THE SINGING OF PSALMS. 835 

the said cases and the ordering of said appeals to be dismissed, as his 
specification of error. 

Finding. — After full consideration of the cases, as consolidated, the 
vote of the Commission was taken upon the specification of error alleged, 
whereupon it was unanimously determined that the specification be not 
sustained. 

Judgment. — And now, to wit, May 26, 1888, it is ordered, adjudged, 
and decreed, by the Commission aforesaid, that the judgments of the 
Synod of Baltimore in the cases aforesaid be and the same are hereby 
affirmed. Adopted and ordered on record. — 1888, pp. 112, 113. 

5. The present freedom of worship under the Directory 
reliable and edifying. 

The Standing Committee on Bills and Overtures further reported on 
the resolution referred by the Assembly, proposing that the Assembly 
reappoint a Committee on Uniformity in Worship, recommending no 
action, inasmuch as in the judgment of the Committee the present free- 
dom under the limits of our Directory for Worship is more reliable and 
edifying. Adopted.— 1896, p. 39. 

6. The Apostles' Creed may be used in public worship. 

Resolved, 4. The attention of our congregations is hereby called to the 
fact that the Apostles' Creed is one of the Standards of the Presbyterian 
Church; that the instruction of the children of the Church therein is 
commended in the Directory for Worship, Chap, x, Sec. i, and that 
its use in worship is not contrary to any law or regulation of our 
denomination. 

Resolved, 5. That when the Apostles' Creed is used in the worship of 
our congregations, the Assembly judges that ministers are at liberty to 
substitute for the phrase, " He descended into hell," the equivalent 
words, ' ' He continued in the state of the dead, and under the power of 
death, until the third day."— 1892, p. 35. 



CHAPTER IV. 
OF THE SINGING OF PSALMS. 

I. It is the duty of Christians to praise God, by singing psalms, or 
hymns, publicly in the church, as also privately in the family. 
[Note— See Confession of Faith, Chap, xxi, Sec. v, p. 90.] 

1. Early action on the subject of psalmody. 

a. A query was brought in, in these words: "As sundry members and 
congregations within the bounds of our Synod judge it most for their 
edification to sing Dr. Watts' imitation of David's Psalms, does the 
Synod so far approve said imitation of David's Psalms as to allow such 
ministers and their congregations liberty of using them ?' ' 

As a great number of this body have never particularly considered Dr. 
Watts' imitation, they are not prepared to give a full answer to the 
question. Yet as it is well approved by many of this body, the Synod 
have no objection to the use of said imitation by such ministers and con- 



836 DIRECTORY FOR WORSHIP, CHAP. IV. 

gregations as incline to use it, until the matter of psalmody be further 
considered. And it is recommended to the members of this body to be 
prepared to give their sentiments respectiDg this subject at our next 
meeting. — 1763, p. 331. 

b. After some consideration of the query concerning the use of Dr. 
Watts' imitation of the Psalms, the Synod judged it best, in present 
circumstances, only to declare that they look on the inspired Psalms in 
Scripture to be proper matter to be sung in divine worship according to 
their original design and the practice of the Christian Churches, yet will 
not forbid those to use the imitation of them whose judgment and 
inclination leads them to do so. — 1765, p. 345. 

[Note.— The book in general use was Rouse's version of the Psalms. In addition to 
the action given above, the Synod allowed that Dr. Watts' imitation of David's 
Psalms, as revised by Mr. Barlow, be sung in the churches and families under their 
care (1787, p. 535). In 1802, p. 249, the hymns of Dr. Watts were also allowed. In 
1819, p. 76, the subject of Psalmody was considered and referred to the next Assem- 
bly. A Committee, composed of Drs. Caldwell and Romeyn and Mr. Andrew Wylie, 
presented a report on the subject which was adopted (1820, p. 740). The result was 
" The Book of Psalms and Hymns," which was approved and authorized to be used 
in all our churches (1830, p. 306.) "The Church Psalmist," prepared by Dr. N. S. 
Beman, was approved by the N. S. Assembly, Minutes, 1840, p. 24 ; 1846, p. 19: 1857, 
pp. 410, 411 ; 1859, p. 38. See Moore's Digest, 1886, p. 779.] 

II. In singing the praises of God, we are to sing with the spirit, and 
with the understanding also; making melody in our hearts unto the 
Lord. It is also proper, that we cultivate some knowledge of the rules 
of music; that we may praise God in a becoming manner with our voices, 
as well as with our hearts. 

1. The Book of Tunes. 

Resolved, That a Committee of three be appointed by the Publication 
Committee to prepare a book of tunes adapted to the Church Psalmist, 
and that this Committee be instructed to consult and correspond with 
pastors and leaders of choirs in the churches, as to the particular tunes 
most in use and most popular in the congregations, and that this Com- 
mittee report to the next General Assembly. — 1857, p. 410, N. S. 

[Note. — The Committee reported progress to the Assembly in 1858. The book, 
"The Eclectic Tune Book," was laid before the Assembly in 1860, Minutes, p. 246.] 

2. The Hymnal. 

[Note.— In consequence of overtures from various Presbyteries, the Assembly of 
1863, O. S., appointed a Committee to take the whole subject into consideration, and 
report to the next Assembly. This Committee reported on the whole subject, and the 
Assembly 

Resolved, 1. That the report be adopted and printed in the Appendix 
to the Minutes. 

2. That this Assembly approve the Hymnal as published, and allow 
the same to be used in all our churches ; but it is not required that it shall 
supersede the books in present use. — 1866, p. 95, O. S. 

3. " Social Hymn and Tune Book." 

[Note.— " The Social Hymn and Tune Book" was prepared by the Publication 
Committee under the direction of the General Assembly and laid before it in 1866.] 

Resolved, That the " Social Hymn and Tune Book," recently pub- 
lished by the Committee, be commended as preeminently adapted to social 
and congregational worship. — 1866, p. 272, N. S. 



OF THE SINGING OF PSALMS. 837 

4. Report on sacred music. The Hymnal commended. 

[Note — For the report in fall, see Minutes, 1867, pp. 365-367, 0. S.] 

5. The Presbyterian Hymnal accepted and approved. 

The Committee on the ' ' Book of Praise, ' ' through their Chairman, 

the Rev. Herrick Johnson, D.D., presented their report, which was 

accepted, their work approved, and the Committee discharged, with 

thanks, for the efficient manner in which thev had performed their duty. 

—1875, p. 508. 

[Note.— For the report of the Committee, which was adopted, see Minutes, 1875, 
pp. 508, 509 ; Digest, 1886, p. 842.] 

6. Hymns for social meetings and the Sunday-school. 

1. That a collection of hymns suitable for use in meetings for social 
prayer and in the Sunday-school should be provided by the Presbyterian 
Church for use by its churches. 

2. That the Board of Publication be directed to take this subject into 
consideration, and to prepare and publish, at as early a date as practi- 
cable, a collection of hymns, such as is contemplated by this overture, 
and furnish the same at such prices as shall place the collection within 
the reach of our Sunday-schools. — 1882, p. 42. 

7. The new Hymnal. 

a. The Board of Publication reported that the new Hymnal is so 
far advanced that its publication is promised in a few months. Sample 
pages of the hymns and tunes were put in the hands of the Assembly, 
and it was 

Resolved, That we heartily recommend the new Hymnal, now approach- 
ing completion, to our churches, and express the earnest hope for the 
general adoption of this collection as the book of praise throughout our 
Church ; and that we record our grateful appreciation of the labors of 
the Committee in charge of its preparation. — 1895, pp. 89, 90. 

b. The Assembly heartily commends to the Church the new Hymnal, 
and recommends its adoption in all our churches, as the best attainable 
manual of praise.— 1896, p. 83; 1897, p. 72. 

III. The whole congregation should be furnished with books, and 
ought to join in this part of worship. It is proper to sing without 
parceling out the psalm, line by line. The practice of reading the 
psalm, line by line, was introduced in times of ignorance, when many in 
the congregation could not read : therefore, it is recommended, that it be 
laid asfde, as far as convenient. 

IV. The proportion of the time of public worship to be spent in sing- 
ing is left to the prudence of every minister: but it is recommended, that 
more time be allowed for this excellent part of divine service than has 
been usual in most of our churches. 

1. Church music is under the control of the minister and 
the Session. 

a. In reply to an overture from the Synod of Cincinnati on the sub- 
ject of instrumental music, the following minute was adopted: 

Whereas, by our Constitution (Form of Government, Chap, ix, Sec. 
vi, and Directory for Worship, Chap, iv, Sec. iv), the whole internal 



838 DIRECTORY FOR WORSHIP, CHAPS. IV-V. 

arrangement of a church, as to worship and order, is committed to the 
minister and Session ; therefore, 

Resolved, That this Assembly do not feel themselves called upon and 
obliged to take any further order on this subject, but laeve to each Ses- 
sion the delicate and important matter of arranging and conducting the 
music as to them shall seem most for edification, recommending great 
caution, prudence and forbearance in regard to it. — 1845, pp. 21, 22, 
O. S. 

b. A memorial asking the Assembly ' ' to define the rights of a Session 
of a church in regard to the singing in the house of God, ' ' answered by 
referring to the above action. — 1858, p. 281, O. S. 

[Note. — See also Form of Government, Cbap, ix, Sec. vi, No. 26, p. 172; also Direc- 
tory for Worship, Chap, iii, Sec. iii, p. 833.] 



CHAPTER V. 
OF PUBLIC PRAYER. 



I. It seems very proper to begin the public worship of the sanctuary 
by a short prayer: humbly adoring the infinite majesty of the living 
God; expressing a sense of our distance from him as creatures, and 
un worthiness as sinners; and humbly imploring his gracious presence, the 
assistance of his Holy Spirit in the duties of his worship, and his accept- 
ance of us through the merits of our Lord and Saviour Jesus Christ. 

II. Then, after singing a psalm, or hymn, it is proper that, before 
sermon, there should be a full and comprehensive prayer: First, Adoring 
the glory and perfections of God, as they are made known to us in the 
works of creation, in the conduct of providence, and in the clear and full 
revelation he hath made of himself in his written Word: Second, Giving 
thanks to him for all his mercies of every kind, general and particular, 
spiritual and temporal, common and special; above all, for Christ Jesus, 
his unspeakable gift, and the hope of eternal life through him : Third, 
Making humble confession of sin, both original and actual; acknowl- 
edging, and endeavoring to impress the mind of every worshiper, with a 
deep sense of the evil of all sin, as such; as being a departure from the 
living God ; and also taking a particular and affecting view of the various 
fruits which proceed from this root of bitterness: — as sins against God, 
our neighbor, and ourselves ; sins in thought, in word, and in deed ; 
sins secret and presumptuous ; sins accidental and habitual. Also, the 
aggravations of sin, arising from knowledge, or the means of it; from 
distinguishing mercies ; from valuable privileges ; from breach of vows, 
etc. : Fourth, Making earnest supplication* for the pardon of sin, and 
peace with God, through the blood of the atonement, with all its impor- 
tant and happy fruits; for the Spirit of sanctifi cation, and abundant 
supplies of the grace that is necessary to the discharge of our duty; for 
support and comfort, under all the trials to which we are liable, as we 



OF PUBLIC PRAYER. 839 

are sinful and mortal ; and for all temporal mercies that may be neces- 
sary, in our passage through this valley of tears: always remembering to 
view them as flowing in the channel of covenant love, and intended to 
be subservient to the preservation and progress of the spiritual life: 
Fifth, Pleading from every principle warranted in Scripture : from our 
own necessity ; the all-sufficiency of God ; the merit and intercession of 
our Saviour ; and the glory of God in the comfort and happiness of his 
people : Sixth, Intercession for others, including the whole world of 
mankind; the kingdom of Christ, or his Church universal; the church 
or churches with which we are more particularly connected; the interest 
of human society in general, and in that community to which we imme- 
diately belong; all that are invested with civil authority; the ministers 
of the everlasting gospel; and the rising generation: with whatever else, 
more particular, may seem necessary, or suitable, to the interest of that 
congregation where divine worship is celebrated. 

[Xote. — See Confession of Faith, Chap, xxi, Sec. hi, p. 90.] 

III. Prayer after sermon, ought generally to have a relation to the 
subject that has been treated of in the discourse; and all other public 
prayers, to the circumstances that gave occasion for them. 

IV. It is easy to perceive, that in all the preceding directions there is 
a very great compass and variety; and it is committed to the judgment 
and fidelity of the officiating pastor to insist chiefly on such parts, or to 
take in more or less of the several parts, as he shall be led to by the 
aspect of Providence; the particular state of the congregation in which 
he officiates; or the disposition and exercise of his own heart at the 
time. But we think it necessary to observe, that although we do not 
approve, as is well known, of confining ministers to set or fixed forms of 
prayer for public worship; yet it is the indispensable duty of every min- 
ister, previously to his entering on his office, to prepare and qualify 
himself for this part of his duty, as well as for preaching. He ought, 
by a thorough acquaintance with the Holy Scriptures, by reading the 
best writers on the subject, by meditation, and by a life of communion 
with God in secret, to endeavor to acquire both the spirit and the gift 
of prayer. Not only so, but when he is to enter on particular acts of 
worship, he should endeavor to compose his spirit, and to digest his 
thoughts for prayer, that it may be performed with dignity and pro- 
priety, as well as to the profit of those who join in it; and that he may 
not disgrace that important service by mean, irregular, or extravagant 
effusions. 

1. Liturgical forms not needed. 

A paper from the Synod of Albany, containing suggestions in relation 
to the use of liturgical forms of worship, w T hich they desire to be adopted 
by this General Assembly, was considered; it was 

Resolved, That, as the usages and forms of the Presbyterian Church 



840 DIRECTORY FOR WORSHIP, CHAPS. V-VI. 

have been so uniform and acceptable for years past, from their Scriptural 
simplicity; and as no extensive departure from, or change of, these 
usages and forms is likely to take place in the Presbyterian denomina- 
tion, therefore it is the judgment of this Committee that no action by 
this Assembly is at present demanded. — 1867, p. 498, N. S. 

2. Book of Forms. Liberty to use the forms of the Reformed 

Churches. 

From the Presbytery of Puget Sound, asking the General Assembly 
to prepare and publish a Book of Forms for public and social worship, 
and for special occasions, which shall be the authorized service-book of 
the Church, to be used whenever a prescribed formula may be desired. 
Your Committee recommend the following answer: In view of the action 
of previous General Assemblies on this subject, and the liberty which 
belongs to each minister to avail himself of the Calvinistic or other 
ancient devotional forms of the Reformed churches, so far as may seem 
to him for edification, it is inexpedient for this General Assembly to 
make any special order in the premises. — 1882, p. 95. 

[Note.— See also Directory for Worship, Chap, iii, Sec. ii, p. 832.] 



CHAPTER VI. 
OF THE WORSHIP OF GOD BY OFFERINGS. 

Adopted 1886. 

I. In order that every member of the congregation may be trained 
to give of his substance systematically, and as the Lord hath prospered 
him to promote the preaching of the Gospel in all the world and to 
every creature, according to the command of the Lord Jesus Christ, it 
is proper and very desirable that an opportunity be given for offerings 
by the congregation in this behalf every Lord's day, and that, in 
accordance with the Scriptures, the bringing of such offerings be per- 
formed as a solemn act of worship to almighty God. 

II. The proper order, both as to the particular service of the day and 
the place iu such service for receiving the offerings, may be left to the 
discretion of the minister and Session of the Church; but that it may be 
a separate and specific act of worship, the minister should either precede 
or immediately follow the same with brief prayer, invoking the blessing of 
God upon it and devoting the offerings to his service. 

1. General recommendations. 

Your Committee present for the Assembly's approval the following 
resolutions: 

1. That the plan of weekly worshipful offerings, " as God has pros- 
pered, ' ' commended in the newly adopted chapter of our Directory for 
Worship, be urged upon the earnest practical attention of all our minis- 
ters and Sessions. 

2. That the system of individual pledges either to the general benefi- 



OF THE WORSHIP OF GOD BY OFFERINGS. 841 

cences of the Church, or to the work of any special Board, be favored 
as superior both iu principle and practice to any mode of sporadic con- 
tribution. 

3. That every Presbytery be charged to press towards au adequate 
beneficence, auy of its churches that are manifestly laggiug behiud their 
duty and ability; also to encourage every church towards an improve- 
ment every year upon its own previous giving. 

4. That inasmuch as this General Assembly has recommended the 
churches to raise definite and largely increased amounts for several of 
the Boards, the Session of each church be urged to calculate what pro- 
portionate increase in their contributions is necessary to comply with this 
recommendation and that they endeavor earnestly to raise that sum. 

5. That this Assembly reiterate the instructions of its predecessors to 
all Synods and Presbyteries within our bounds, that they appoint and 
maintain efficient Committees on Beneficence who shall report to and 
cooperate with the Assembly's Committee. 

6. That Presbyteries and churches be recommended to hold services at 
convenient periods each year at which pastors may call to their aid elders 
and lay members to testify, out of their own knowledge and experience, 
to the benefits and blessings of systematic principled giving to the Lord. 
Adopted.— 1887, p. 121. 

[Note.— See also Minutes, 1888, pp. 127, 128 ; 1889, p. 67 ; 1890, p. 78.] 

2. Inquiry to be made by Presbytery as to compliance with the 
recommendations of the Assembly. 

This Assembly reiterates the recommendation of the General Assem- 
bly of 1890 : " That Presbyteries be advised to call their churches annu- 
ally to account, at some regular meeting, in reference to their com- 
pliance with the recommendations of the Assembly." — 1892, p. 195. 

3. Plan for securing pledges and contributions from each member 
of each congregation. 

The Committee on Benevolence have been entrusted with an overture 
from the Presbytery of Redstone, setting forth an excellent and elaborate 
plan for securing pledges and contributions from each member of each 
congregation. The Committee consider that they would transcend the 
province of the work assigned to them should they formulate and advo- 
cate any specific mode in which this important matter should be adopted 
in each Presbytery and church. 

A certain flexibility of method must be allowed for varying needs 
under differing conditions. 

There are certain general lines, however, within which it would appear 
the plan may be included. There are certain aims which may be indi- 
cated together with certain evils which should be avoided. 

From our excellent sixth chapter of the Directory for "Worship and 
from the deliverances of late Assemblies we may note these charac- 
teristics: 

1. A stated offering on each Lord's day for the proclamation of the 
Gospel to all the world and to every creature. This need not be the 
Board of Foreign Missions exclusively, but it is evidently not intended 
to signify the local church exclusively or mainly. 

2. An offering annually or more frequently from each church to each 
of our regular Boards. The Committee consider that the main responsi- 



842 DIRECTORY FOR WORSHIP, CHAP. VI. 

bility for this offering rests on the Session of the church and the Presby- 
terial Committee on Systematic Beneficence. 

3. An offering from each regular worshiper in the local church to 
each cause that is presented. Responsibility for this offering rests on 
the conscience of the worshiper and the energy of the Session. 

4. A full and definite presentation to each church, annually or more 
frequently, of the work, needs and hopes of the various Church causes. 
Responsibility for which presentation rests entirely upon the minister in 
charge. 

5. A plan which avoids general scrutiny or publicity given to subscrip- 
tion lists. 

6. A plan that equalizes as far as practicable the offerings according 
to the percentages of the recommendations, to the Boards, by the Gen- 
eral Assembly. 

7. A plan that prevents the unnecessary and vexatious delay in the 
return of the offerings to the Boards until the last day of the fiscal year. 

8. A plan that will be effectual on stormy Sabbaths. — 1896, pp. 
88, 89. 

4. Collections ordered must be taken. 

In the matter of collections ordered by a higher judicatory, such as 
the General Assembly, " it is inconsistent with our Church government 
to be under the check or prohibition of a church Session ; they indeed 
may give or withhold their charity, but may not prevent a minister to 
propose it publicly according to our appointment. — 1755, p. 215. 

5. Proportionate giving. 

The General Assembly recommends, " that it be the unwearied effort 
of all elders of our churches to secure a general acceptance of the prin- 
ciple and adoption of the practice of proportionate giving." — 1889, 
p. 68. 

6. Individual pledges. 

That the system of individual pledges, either to the general beneficence 
of the Church, or to the work of auy special Board, be favored as 
superior both in principle and practice to any mode of sporadic contribu- 
tion.— 1887, p. 121. 

7. Combination of collections discouraged. 

This Assembly discouraged the practice of combining the offerings for 
pure benevolence and those for the church's current expenses, in the 
same collection, as injurious to both causes; nothing in this is to be 
construed against individual liberty as set forth in Chap, vi, Sec. iii, 
of the Directory for Worship.— 1887, p. 122. 

8. Fairs, etc., discountenanced. 

That the Assembly commends most highly the efforts to abolish the 
makeshifts of fairs and suppers, and similar unbiblical and secularizing 
expedients for filling the treasury of our Lord. — 1893, p. 122. 

9. Money value ^f boxes. 

The money value of boxes, etc., is properly included in the contribu- 
tions reported in the appropriate column. — 1893, p. 114. 



OF THE WORSHIP OF GOD BY OFFERINGS. 843 

10. Public announcement of offerings. 
Sessions are " advised to make frequent report before their several 
churches of the amount contributed in their benevolent offerings, and the 
disposition made of the same." — 1889, p. 67. 

11. Offerings to be made as acts of worship. 

Resolved, 8. That the General Assembly calls the especial attention of 
every pastor of the Church to Chap, vi, Directory for Worship, to the 
end that the offerings of the Church may be made, as therein provided, 
as acts of worship. — 1894, p. 148. 

III. The offerings received may be apportioned among the Boards of 
the Church and among other benevolent and Christian objects, under the 
supervision of the church Session, in such proportion and upon such 
general plan as may from time to time be determined; but the specific 
designation by the giver of any offering to any given cause or causes 
shall always be respected and the will of the donor carefully carried out. 

1. Schedule for contributions. 

After conference with representatives of several of the Boards of the 
Church, the Committee recommends: 

1. That the schedule of distribution of the offerings of the churches 
be hereafter applied to the entire contributions of the Church, and not 
as heretofore confined to the undesignated balances. 

2. That the schedule be fixed as follows: 
Foreign Missions, 33 per cent. 

Home Missions, 31 per cent. 
Church Erection, 6 per cent. 
Sabbath-school Work, 6 per cent. 
Freedmen, 6 per cent. 
Education, 6 per cent. 
Ministerial Relief, 6 per cent. 
Aid for Colleges, 6 per cent. 
Adopted.— 1895, p. 103; 1896, p. 90. 

2. Designated months for the Boards. 

For churches that have not yet adopted the scheme of weekly offerings 
set forth in the Directory for Worship, Chap, vi, it is recommended that 
the first Lord's days of the following months be set apart for contribu- 
tions to the Boards: 

1. Home Missions, Whenever deemed advisable. 

2. Foreign Missions, January. 

3. Aid for Colleges, February. 

4. Sabbath -school Work, May. 

5. Church Erection, July. 

6. Ministerial Relief, September. 

7. Education, October. 

8. Freedmen, December. 

IV. It is the duty of every minister to cultivate the grace of liberal 
giving in his congregation, that every member thereof may offer accord- 
ing to his ability, whether it be much or little. 



844 DIRECTORY FOR WORSHIP, CHAPS. VI-VIII. 

1. Ministers to furnish information. 

Every minister is charged to keep his people thoroughly informed 
concerning the work of the Boards, and the demand that such work is 
making upon every member. — 1887, p. 122. 



CHAPTER VII. 
OF THE PREACHING OF THE WORD. 

I. The preaching of the Word being an institution of God for the 
salvation of men, great attention should be paid to the manner of 
performing it. Every minister ought to give diligent application to it ; 
and endeavor to prove himself a workman that needeth not to be 
ashamed, rightly dividing the word of truth. 

1. Reading sermons. 

a. It is further enjoined that all our ministers and probationers for- 
bear reading their sermons from the pulpit, if they can conveniently. — 
1761, p. 309. 

b. The General Assembly has reason to believe that the practice of 
reading sermons in the pulpit is greatly on the increase amongst our min- 
isters, and being decidedly of the opinion that it is not the best method 
of preaching the Gospel, it hereby recommends the discontinuance of the 
practice as far as possible, and earnestly exhorts our younger ministers to 
adopt a different method, as more Scriptural and effective. — 1841, p. 
448, O. S. 

C. Whereas, This General Assembly has reason to believe that the 
practice of reading sermons in the pulpit is on the increase amongst our 
ministers ; and being decidedly of opinion that it is not the most effec- 
tive and acceptable method of preaching the Gospel ; therefore, 

Resolved, That we do earnestly repeat the recommendation of the 
Assembly of 1841, that this practice be discontinued as far as practica- 
ble; and affectionately exhort our younger ministers and candidates for 
the ministry to adopt a different method as more Scriptural and effective, 
and more generally acceptable to God's people. — 1849, p. 271, O. S. 

II. The subject of a sermon should be some verse or verses of Scrip- 
ture: and its object, to explain, defend and apply some part of the 
system of divine truth; or, to point out the nature, and state the bounds 
and obligation, of some duty. A text should not be merely a motto, 
but should fairly contain the doctrine proposed to be handled. It is 
proper also that large portions of Scripture be sometimes expounded, 
and particularly improved, for the instruction of the people in the mean- 
ing and use of the Sacred Oracles. 

1. Expository preaching commended. 

That in the discharge of pastoral duties they take the utmost care that 
the Word of God be known and understood by the people, and that for 



OF THE ADMINISTRATION OF BAPTISM. 845 

this purpose, in their public instructions, the practice of lecturing on 
certain portions of the Scripture be not laid aside, but rather revived 
and increased. — 1799, p. 182. 

III. The method of preaching requires much study, meditation, and 
prayer. Ministers ought, in general, to prepare their sermons with care; 
and not to indulge themselves in loose, extemporary harangues; nor 
to serve God with that which cost them naught. They ought, however, 
to keep to the simplicity of the Gospel : expressing themselves in lan- 
guage agreeable to Scripture, and level to the understanding of the 
meanest of their hearers ; carefully avoiding ostentation, either of parts 
or learning. They ought also to adorn, by their lives, the doctrine 
which they teach ; and to be examples to the believers, in word, in con- 
versation, in charity, in spirit, in faith, in purity. 

IV. As one primary design of public ordinances is to pay social acts 
of homage to the most high God, ministers ought to be careful not to 
make their sermons so long as to interfere with or exclude the more 
important duties of prayer and praise; but preserve a just proportion 
between the several parts of public worship. 

V. The sermon being ended, the minister is to pray, and return thanks 
to almighty God : then let a psalm be sung, and the assembly dismissed 
with the apostolic benediction. 

VI. It is expedient that no person be introduced to preach in any of 
the churches under our care, unless by the consent of the pastor or 
church session. 



CHAPTEK VIII. 
OF THE ADMINISTRATION OF BAPTISM. 

I. Baptism is not to be unnecessarily delayed ; nor to be administered, 
in any case, by any private person ; but by a minister of Christ, called 
to be the steward of the mysteries of God. 

1. Age of infancy not determined. 

The Committee to which was referred the question, "At what age 
ought children to be considered too old to be baptized on the faith of 
their parents?" reported the following answer; which, being read, was 
adopted, viz. : 

The precise time of life when the state of infancy ceases, is not deter- 
mined in the Word of God, nor by the Standards of our Church, and, 
from the nature of the case, is incapable of being regulated by any 
uniform rule, but should be left to the judgment of ministers and 
Sessions, to be determined according to the particular circumstances of 
each case. The Assembly, therefore, deem it inexpedient to attempt to 
fix the precise time at which children ought to be considered too old to 
be baptized on the faith of their parents. — 1822, p. 53. 



846 DIRECTORY FOR WORSHIP, CHAP. VIII. 

2. Baptism by Unitarians, Romish baptism, etc. 

[Note.— See in this Digest, pp. 104-107.] 

II. It is usually to be administered in the church, in the presence of 
the congregation; and it is convenient that it be performed immediately- 
after sermon. 

III. After previous notice is given to the minister, the child to be 
baptized is to be presented, by one or both the parents, signifying their 
desire that the child may be baptized. 

1. Who may be presented for baptism. 

a. Not only those that do actually profess faith in and obedience unto 
Christ, but also the infants of one or both believing parents are to be 
baptized. — Confession of Faith, Chap, xxviii, Sec. iv. 

b. Baptism is not to be administered to any that are out of the visible 
Church, and so strangers from the covenant of promise, till they profess 
their faith in Christ and obedience to him ; but infants descending from 
parents, either both or but one of them, professing faith in Christ and 
obedience to Him, are, in that respect, within the covenant, and are to 
be baptized. — Larger Catechism, Ques. 166; Shorter Catechism, Ques. 
95. 

2. The duty of Christian masters to have their servants baptized, etc. 

[Note. — See in this Digest, p. 108.] 

3. Orphan children of heathen parents in the care of our missions. 

The Genera] Assembly of the Presbyterian Church in the United 
States of America to the Presbytery of Lodiana: 

Dear Brethren : — You have submitted to us questions respecting a 
subject which we have no doubt is one of very great importance in 
regard to the progress of religion among the heathen. We have seri- 
ously considered it, and give you here the result of our deliberations. 

You present to us three questions, to which we reply in the order in 
which the same are presented. 

a. 1. Are all orphan children of heathen parents, committed to the 
care of our missions, entitled to the benefits of the ordinance of baptism 
without respect to their ages ? 

We reply, certainly they are not. 

You must make the same distinction that you would make if their 
parents were alive and members of the Christian Church, and desiring to 
have them baptized, the same distinction Avhich is made in Christian 
countries. We add, let those children only be baptized in every case 
who are so committed to the missions or other Christian tuition, as to 
secure effectually their entire religious education. On this point great 
caution is necessary. 

b. 2. You ask (on the presumption that the preceding question is 
answered in the negative), Are those only to be baptized who have not 
attained to years of discretion ? 

This question we answer in the affirmative. 

c. 3. Your third question is in substance as follows : If those only who 
have not attained to years of discretion are to be baptized, at what age 



OF THE ADMINISTRATION OF BAPTISM. 847 

shall the federal right be supposed to cease and personal responsibility to 
commence ? 

Although it is not difficult to answer this question in accordance with 
the Standards and the practice of the Presbyterian Church, yet the rule 
may frequently be found difficult of application. Our answer to the 
question, however, is: 

The officers of the Church must judge in each particular case whether 
the proposed subject of baptism has arrived at years of discretion or not. 
We can adopt no other rule in our own practice, and we can recommend 
no other to you. We refer you to Chap, x, Sec. ii, of our Directory for 
Worship. If the person proposed to be baptized has acquired that matu- 
rity of mind which renders him capable of making an intelligent profes- 
sion of religion himself, he ought not to be baptized on the faith of 
another. Our Confession of Faith recognizes the right to baptism of 
the infant children only of such parents as are members of the Church. 
We do not doubt that in heathen countries children of heathen parents 
ordinarily arrive at what are called years of discretion later than those 
who enjoy the advantages of Christian instruction in early life; but in a 
country where the religion of all consists in forms and ceremonies, great 
care should be taken that the Christian religion does not even appear to 
partake of the formality and emptiness of Mohammedanism and Pagan- 
ism.— 1843, p. 179, O. S. 

IV. Before Baptism, let the minister use some words of instruction, 
respecting the institution, nature, use, and ends of this ordinance; 
showing, 

' l That it is instituted by Christ ; that it is a seal of the righteousness 
" of faith: that the seed of the faithful have no less a right to this ordi- 
' ' nance, under the gospel, than the seed of Abraham to circumcision, 
' ' under the Old Testament ; that Christ commanded all nations to be 
' * baptized ; that he blessed little children, declaring that of such is the 
' ' kingdom of heaven ; that children are federally holy, and therefore 
' ' ought to be baptized ; that we are, by nature, sinful, guilty, and pol- 
' ' luted, and have need of cleansing by the blood of Christ, and by the 
" sanctifying influences of the Spirit of God." 

The minister is also to exhort the parents to the careful performance 
of their duty : requiring, 

' ' That they teach the child to read the Word of God ; that they 
' ' instruct it in the principles of our holy religion, as contained in the 
" Scriptures of the Old and New Testament; an excellent summary of 
' ' which we have in the Confession of Faith of this Church, and in the 
" Larger and Shorter Catechisms of the Westminster Assembly, which 
' ' are to be recommended to them, as adopted by this Church, for their 
" direction and assistance, in the discharge of this important duty; that 
" they pray with and for it; that they set an example of piety and 
" godliness before it, and endeavor, by all the means of God's appoint- 
" ment, to bring up their child in the nurture and admonition of the 
"Lord." 



848 DIRECTORY FOR WORSHIP, CHAPS. VIII-IX. 

1. Obligations and qualifications of parents. 

a. The Synod do also exhort all the ministers within our bounds to take 
due care in the examination of all candidates for baptism, or that offer 
to dedicate their children to God in that sacred ordinance, that they are 
persons of a regular life, and have suitable acquaintance with the princi- 
ples of the Christian religion; that that seal be not set to a blank, and 
that such be not admitted to visible church relation that are manifestly 
unfit for it. — 1735, p. 115. 

b. That previously to the administration of baptism, the minister shall 
inquire into the parents' knowledge of the great and fundamental doc- 
trines of the Gospel, and the regularity of their lives; and being satisfied 
so as to admit them, shall, in public, point out the special duties of the 
parents, and particularly that they teach their children the doctrines and 
precepts of Christianity, contained in the Scriptures of the Old and New 
Testaments, and comprised in the Westminster Confession of Faith and 
Catechisms, which therefore he shall recommend unto them. — 1755, p. 
267. 

C. The following reference from the Synod of Philadelphia was laid 
before the Assembly: As baptism is to be administered to the infants of 
those who are members of the visible Church (but our Directory leaves 
the description of the visible and credible profession of Christianity 
vague and indefinite), it is humbly proposed to the Assembly to give some 
precise direction and definition of such a profession for the information 
of its ministers. In answer to the above reference, the Assembly judged 
it unnecessary, and perhaps impracticable, to deliver rules more explicit 
than those contained in the Standards of our Church; but should cases 
of difficulty arise, they must be decided respectively, according to their 
own merits, before the proper judicatories. — 1794, p. 91. 

d. Our Confession of Faith recognizes the right to baptism of the 
infant children only of such parents as are members of the Church. — 
1843, p. 180, O. S. 

2. Parents required to enter into engagements. 

The following question, through the Committee of Overtures, was 
read, viz. : 

Whether, besides requiring of parents dedicating their children to God 
in baptism, an express acknowledgment of the duties of parents, and 
recommending to them the observance thereof, it should be considered 
as essential to require that they come under an explicit vow or solemn 
engagement also to perform those duties ? whereupon the Assembly 

Resolved, That an answer to this question is contained in the Directory 
for Public Worship of this Church, under the head of the Administra- 
tion of Baptism, which requires an express engagement upon the part of 
parents. — 1794, p. 89. 

3. Instruction to be given and discipline urged for neglect. 
The Committee on Polity reported an overture from the Presbytery of 
West Virginia, asking the Assembly to appoint a day of fasting, humilia- 
tion and prayer, and to take further action, in view of the alleged 
general and extensive neglect, on the part of church members, of pre- 
senting their infant children for baptism. 

The Committee recommended the following in answer : 

The Assembly cannot regard an extensive neglect of this important 



OF THE ADMINISTRATION OF THE LORD'S SUPPER. 849 

ordinance to be as general as is alleged in the overture; it admits, how- 
ever, that there may be considerable, and even extensive, neglect in 
certain sections of the Church. Nevertheless, in view of the vital 
importance of the subject, it adopts, with some modification, one of the 
suggestions of the overture, namely, that our Sessions and Presbyteries 
be enjoined to make careful inquiry in regard to the matter; that they 
see to it that their pastors carefully instruct their churches on this sub- 
ject; and also that Sessions be directed to exercise proper discipline when 
neglect exists and is persisted in. Adopted. — 1886, p. 38. 

V. Then the minister is to pray for a blessing to attend this ordi- 
nance ; after which, calling the child by its name, he shall say, 

" I baptize thee, in the name of the Father, and of the Son, and of 
"the Holy Ghost." 

As he pronounces these words : he is to baptize the child with water, 
by pouring or sprinkling it on the face of the child, without adding any 
other ceremony: and the whole shall be concluded with prayer. 

Although it is proper that Baptism be administered in the presence of 
the congregation: yet there may be cases Avhen it will be expedient to 
administer this ordinance in private houses; of which the minister is to 
be the judge. 

1. Mode of baptism. 

[Note.— See in this Digest, Confession, Chap, xxviii, Sec. iii, p. 107.] 



CHAPTER IX. 
OF THE ADMINISTRATION OF THE LORD'S SUPPER. 

1. The Communion, or Supper of the Lord, is to be celebrated 
frequently ; but how often, may be determined by the minister and elder- 
ship of each congregation, as they may judge most for edification. 

1. Where there is no church organized. 

It was moved that the restriction laid by the last General Assembly 
on our missionaries, which confines them to administer the ordinance of 
the Lord's Supper in such places only where there are church officers 
regularly appointed, be repealed, and it is hereby repealed accordingly. 
—1798, p. 146. 

2. Not usually in the bounds of a congregation without consent. 

While the Assembly, as a general principle, disapprove of the admin- 
istration of the sacraments, by one of their ministers, within the bounds 
of a congregation with which he is not connected, without the consent of 
the minister and Session of said congregation ; yet under the peculiar 
local circumstances of the people among which Mr. Maccalla occasionally 
administered ordinances, the Assembly cannot decide that he deserves 
censure. Therefore, 

Resolved, That the decision of the Synod of Kentucky, affirming a 
decision of the Presbytery of Ebenezer in regard to the complaint of the 
54 



850 DIRECTORY FOR WORSHIP, CHAP. IX. 

Kev. Mr. Dobbins, against the Rev. Mr. Maccalla, be, and it hereby is 
affirmed.— 1824, p. 124. 

3. Where a minister may statedly preach he may administer 
the Lord's Supper. 

The Judicial Commission appointed to hear and try an appeal and 
complaint of the church and congregation of Mifflinburg against the 
action of the Synod of Philadelphia, on the appeal and complaint of 
the Rev. Isaac Grier, D.D., beg leave to report: 

That they have issued the case pro forma, according to the directions 
of the Book of Discipline in the case of appeals and complaints, and 
after a full hearing, do unanimously adjudge: 

1. That the decision of the Synod of Philadelphia, affirming the right 
of Rev. Mr. Grier to preach in Mifflinburg to the people of his charge, 
be approved and confirmed. 

2. That the restriction preventing him from administering the Lord's 
Supper in Mifflinburg, except under extraordinary circumstances, be 
removed.— 1870, p. 31. 

4. Administered in a private house in sickness. 

Overture No. 12, from the Central Presbytery of Philadelphia, asking 
the Assembly to decide whether, in no case of sickness or of conversion, 
however peculiar, the Session of the church is not at liberty to adminis- 
ter the Lord's Supper in a private house. 

The Committee recommend the following minute: 

The Standards of our Church are clear in their teaching, that the 
Lord's Supper is not to be received by any one alone, yet, in cases of 
protracted sickness or approaching death, when the desire is very strongly 
urged by a member of the Church, to enjoy the administration of the 
Lord's Supper, a pastor, having duly admonished the applicant that such 
ordinance, however a source of spiritual comfort, is not; in such cases, 
an imperative duty, or indispensable to salvation, may, with a member of 
his Session, and such communicants as may appropriately be permitted 
to partake in such solemnity, proceed to administer this sacrament — a 
minute of every such act to be entered on the records of Session. 

The recommendation was adopted. — 1863, p. 37, O. S. 

II. The ignorant and scandalous are not to be admitted to the Lord's 
Supper. 

III. It is proper that public notice should be given to the congrega- 
tion, at least the Sabbath before the administration of this ordinance, 
and that, either then, or ou some day of the week, the people be 
instructed in its nature, and a due preparation for it; that all may come 
in a suitable manner to this holy feast. 

IV. When the sermon is ended, the minister shall show, 

' ' That this is an ordinance of Christ ; by reading the words of institu- 
tion, either from one of the evangelists, or from 1 Cor. xi chapter; 
«' which, as to him may appear expedient, he may explain and apply; 
* ' that it is to be observed in remembrance of Christ, to show forth his 
' ' death till he come ; that it is of inestimable benefit to strengthen his 
* ' people against sin ; to support them under troubles ; to encourage and 



OF THE ADMINISTRATION OF THE LORD'S SUPPER. 851 

" quicken them in duty; to inspire them with love and zeal; to increase 
f ' their faith, and holy resolution ; and to beget peace of conscience, and 
" comfortable hopes of eterual life." 

He is to warn the profane, the ignorant, and scandalous, and those 
that secretly indulge themselves in any known sin, not to approach the 
Holy Table. On the other hand, he shall invite to this Holy Table, 
such as, sensible of their lost and helpless state of sin, depend upon the 
atonement of Christ for pardon and acceptance with God; such as, 
being instructed in the gospel doctrine, have a competent knowledge to 
discern the Lord's body; and such as desire to renounce their sins, and 
are determined to lead a holy and godly life. 

1. The ignorant or scandalous excluded. 

Such as are found to be ignorant or scandalous, notwithstanding their 
profession of the faith, and desire to come to the Lord's Supper, may 
and ought to be kept from that sacrament by the power which Christ 
hath left in His Church, until they receive instruction, and manifest 
their reformation. — Larger Catechism, Ques. 173. 

2. Not the custom to invite those who have not professed Christ. 

Overture No. 42, asking if it accords with the spirit and usage of the 
Presbyterian Church, to invite persons, believers, not members of any 
evangelical Church, to partake of the Lord's Supper. The Committee 
recommend the reply, that ' * it is not in accordance with the spirit and 
usage of the Presbyterian Church to extend such invitations. ' ' Adopted. 
—1872, p. 75. 

3. Church membership is implied in the invitation to commune. 

Overture from the Presbytery of Rochester, asking the question: 
" Does it comport with the Standards and the usage of the Presbyterian 
Church to invite persons to the Lord's Supper who are not connected 
with any branch of the visible Church ?" The Committee recommend 
the following answer: That, according to the action of the General 
Assembly of 1872 (p. 75), it is not in accordance with the spirit of the 
Presbyterian Church to extend such an invitation. " The language of 
the Book (Directory for Worship, Chap, viii [now Chap, ix], Sec. iv), 
relied upon by some to authorize indiscriminate communion, is not cor- 
rectly interpreted by them. Although, in describing the persons there 
invited to the Lord's table, church membership is not expressed, it is 
clearly implied. " Adopted.— 1876, p. 79. 

4. Baptism with water is essential to communion in the 
Presbyterian Church. 

Overture from the Presbytery of North Texas, asking: 1. Can one 
be admitted to membership in the Presbyterian Church who has not 
received water baptism in any mode, and who does not believe in other 
baptism than the baptism of the Holy Ghost ? 2. If not, can such 
persons — e. g., Quakers— be invited to the Lord's table ? 

Your Committee most respectfully answer the first question in the 
negative. And, as an answer to the second question, would refer the Pres- 
bytery to the Directory of Worship, Chap, viii [ix] , Sec. iv, in regard 
to the proper qualifications of communicants. Adopted. — 1883, p. 627. 



852 DIRECTORY FOR WORSHIP, CHAP. IX. 

5. Communicants' classes commended. 

To secure intelligent confession of Christ at His table, it is desirable 
that there be something of the nature of a communicants' class in each 
congregation, duly made known from the pulpit, conducted by the 
pastor, or, in exceptional cases, by a competent member of the church. 
This class should be, if not continuous, for, say, a month before each 
communion season; it should be so conducted as to elicit free statements 
of belief and experience of religious truth and devotional feelings. — 
1889, p. 63. 

V. The table, on which the elements are placed, being decently cov- 
ered, the bread in convenient dishes, and the wine in cups, and the 
communicants orderly and gravely sitting around the table (or in their 
seats before it, ) in the presence of the minister ; let him set the elements 
apart, by prayer and thanksgiving. 

The bread and wine being thus set apart by prayer and thanksgiving, 
the minister is to take the bread, and break it, in the view of the people, 
saying, in expressions of this sort : 

" Our Lord Jesus Christ, on the same night in which he was betrayed, 
' ' having taken bread, and blessed and broken it, gave it to his disciples ; 
' ' as I, ministering in his name, give this bread unto you ; saying, [here 
" the bread is to be distributed] Take, eat: this is my body, which is 
" broken for you : this do in remembrance of me." 

After having given the bread, he shall take the cup, and say — 

" After the same manner our Saviour also took the cup; and having 
" given thanks, as hath been done in his name, he gave it to the disci - 
" pies; saying, [while the minister is repeating these words let him give 
" the cup] This cup is the new testament in my blood, which is shed for 
" many, for the remission of sins: drink ye all of it." 

The minister himself is to communicate, at such time as may appear to 
him most convenient. 

The minister may, in a few words, put the communicants in mind — 

" Of the grace of God, in Jesus Christ, held forth in this Sacrament; 
"and of their obligation to be the Lord's; and may exhort them to 
" walk worthy of the vocation wherewith they are called; and, as they 
" have professedly received Christ Jesus the Lord, that they be careful 
" so to walk in him, and to maintain good works. ' ' 

It may not be improper for the minister to give a word of exhortation 
also to those who have been only spectators, reminding them — 

" Of their duty; stating their sin and danger, by living in disobedi- 
" ence to Christ, in neglecting this holy ordinance; and calling upon 
" them to be earnest in making preparation for attending upon it, at the 
" next time of its celebration." 

Then the minister is to pray, and give thanks, to God, 

" For his rich mercy, and invaluable goodness, vouchsafed to them in 
" that sacred communion; to implore pardon for the defects of the whole 



OF THE ADMINISTRATION OF THE LORD'S SUPPER. 853 

" service; and to pray for the acceptance of their persons and perform - 
* ' ances ; for the gracious assistance of the Holy Spirit, to enable them, 
" as they have received Christ Jesus the Lord, so to walk in him; that 
' ' they may hold fast that which they have received, that no man take 
" their crown; that their conversation may be as becometh the gospel; 
" that they may bear about with them, continually, the dying of the 
1 ' Lord Jesus, that the life also of Jesus may be manifested in their mor- 
" tal body; that their light may so shine before men, that others, seeing 
' ' their good works, may glorify their Father who is in heaven. ' ' 

The collection for the poor, and to defray the expense of the elements, 
may be made after this ; or at such other time as may seem meet to the 
eldership. 

Now let a psalm or hymn be sung, and the congregation dismissed, 
with the following or some other gospel benediction : 

" Now the God of peace, that brought again from the dead our Lord 
' ' Jesus, that great Shepherd of the sheep, through the blood of the 
* ' everlasting covenant, make you perfect in every good work to do his 
" will, working in you that which is well -pleasing in his sight, through 
' ' Jesus Christ ; to whom be glory for ever and ever. Amen. ' ' 

1. Communion wine, the purest attainable to be used. 

a. A memorial from several Presbyteries on communion wine. Your 
Committee recommend the following answer: That the control of this 
matter be left to the Sessions of the several churches, with the earnest 
recommendation that the purest wine attainable be used. Adopted. — 
1877, p. 542; 1885, p. 685. 

b. Asking if the use of fermented wine is necessary to the proper 
observance of the Lord's Supper, and if our churches are at liberty to 
use unfermented wine if they can get it. Answer: The essential ele- 
ments of the Lord' s Supper are bread and wine. The General Assembly 
has always recognized the right of each church Session to determine 
what is bread, and what is wine. In the judgment of the Assembly no 
new legislation is needed on this subject. Adopted. — 1881, p. 548; 
1882, p. 57. 

2. Unfermented fruit of the vine fulfils every condition. 

Resolved, Whereas, it is the duty of the Church of Jesus Christ to 
avoid even the appearance of evil, and whereas there is a well-grounded 
belief that danger lies in the use of fermented wine at the communion 
table, therefore it is the sense of this Assembly that unfermented fruit of 
the vine fulfils every condition in the celebration of the sacrament. — 
1895, p. 100. 

3. Individual communion cups not approved. 

Overture on Individual Communion Cups, from the Presbytery of 
Winona. The following answer is recommended : 

The General Assembly sees no sufficient reason to change the primitive 
and historic method of administering the Lord's Supper, by the intro- 
duction of what is known as " the individual communion cup," and 



854 DIRECTORY FOR WORSHIP, CHAP. X. 

urges upon its churches not to make this change. Adopted. — 1895, 
p. 75. 

4. The number of cups left to the discretion of the Session. 

Overture from the Presbytery of Philadelphia, with reference to the 
number of cups to be used in celebrating the Lord's Supper. It is 
recommended that the Assembly answer that, 

Whereas, The Directory for Worship, Chap, ix, Sec. v, says, " The 
table on which the elements are placed, being decently covered, the 
bread in convenient dishes, and the wine in cups, etc." — not the wine 
in a cup, but " the wine in cups " — therefore 

Resolved, That this General Assembly leaves the matter of the number 
of cups to be used in the celebration of the Lord's Supper to the Sessions 
of our churches, where it constitutionally belongs. Adopted. — 1896, 
p. 47. 

5. No rule as to persons to aid the minister. 

Inasmuch as we have no rule in relation to the subject, the matter is 
referred to the discretion of the Sessions of the churches. — 1877, p. 516. 

6. Deacons may aid in the distribution of the elements. 

It is " in accordance with the Presbyterian law and usage that deacons 
distribute to the church members the bread and wine in the sacrament 
of the Lord's Supper. "—1874, p. 84. 

VI. As it has been customary, in some parts of our Church, to 
observe a fast before the Lord' s Supper ; to have a sermon on Saturday 
and Monday; and to invite two or three ministers on such occasions; and 
as these seasons have been blessed to many souls, and may tend to keep 
up a stricter union of ministers and congregations; we think it not 
improper that they who choose it may continue in this practice. 



CHAPTER X. 



OF THE ADMISSION OF PERSONS TO SEALING 
ORDINANCES. 

I. Children, born within the pale of the visible Church, and dedicated 
to God in baptism, are under the inspection and government of the 
Church ; and are to be taught to read and repeat the Catechism, the 
Apostles' Creed, and the Lord's Prayer. They are to be taught to pray, 
to abhor sin, to fear God, and to obey the Lord Jesus Christ. And, 
when they come to years of discretion, if they be free from scandal, 
appear sober and steady, and to have sufficient knowledge to discern the 
Lord' s body, they ought to be informed it is their duty and their privi- 
lege to come to the Lord's Supper. 

[Note.— See also Book of Discipline, Chap, i, Sec. v, p. 634.] 



OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 855 

1. Pastoral care over baptized children. 

a. Whereas, The Book of Discipline states that children born within 
the pale of the visible Church, and dedicated to God in baptism, are 
under the inspection and government of the Church, and specifies vari- 
ous important particulars in which that inspection and government should 
be exercised, as also directs the mode in which they shall be treated if 
they do not perform the duties of church members; *and whereas, there 
is reason to apprehend that many of our congregations neglect to cate- 
chise the children that have been admitted to the sealing ordinance of 
baptism, and do not exercise suitable discipline over them; therefore, 

Resolved, That the different Presbyteries within our bounds are hereby 
directed to inquire of the different Sessions whether a proper pastoral 
care be exercised over the baptized children in their congregations, that 
they learn the principles of religion, and walk in newness of life before 
God, and that said Presbyteries do direct all Sessions delinquent in this 
respect to attend to it carefully and without delay. — 1809, p. 431. 

b. Resolved, That the General Assembly recommend, and they do 
hereby recommend to the pastors and Sessions of the different churches 
under their care, to assemble as often as they may deem necessary during 
the year the baptized children, with their parents, to recommend said 
children to God in prayer, explain to them the nature and obligations of 
their baptism, and the relation they sustain to the Church. — 1818, 
p. 691. 

2. Discipline of baptized children. The subject postponed. 

How far, and in what sense, are persons who have been regularly 
baptized in infancy, and have not partaken* of the sacrament of the 
Lord's Supper, subject to the discipline of the Church ? 

Resolved, That the public Standards of this Church contain a sufficient 
answer to the question stated in the above reference. — 1799, p. 171. 

[Note. — The subject of the disciplining of baptized persons arriving at maturity, not 
in communion, was before the Assembly in 1811, pp. 468, 475, 480 ; 1812, p. 509 ; 1814, 
pp. 543, 551, when it was referred to a Committee. This Committee was subsequently 
discharged and the whole subject indefinitely postponed, 1814, p. 567; also 1815,, 
pp. 578, 579. See Moore's Digest, 1886, p. 801.] 

3. Diligent oversight enjoined in the care of the baptized children. 

In consequence of but little being said [in the Presbyterial narra- 
tives] in regard to the care and instruction of the baptized children of 
the Church, the Assembly fears that there is a lamentable deficiency in 
this respect. Let us, as we value that covenant which makes the promise 
not only ours but our children's, take a more diligent oversight of these 
youthful members of our Church. Too often are they left to wander 
unrestrained and forgotten in the paths of error and of sin. Can the 
Church answer to her great Head, if this neglect of duty be not 
mourned over and corrected ?— 1835, p. 37. 

4. The duty of home training urged on the attention of the Church. 
Whereas, This Church holds and teaches that " children born within 

the pale of the visible Church, and dedicated to God in baptism, are 
under the inspection and government of the Church, and are to be taught 
to read and repeat the Catechism, the Apostles' Creed, and the Lord's 
Prayer ; they are to be taught to pray, to abhor sin, to fear God, and to 
obey the Lord Jesus Christ; and when they come to years of discretion, 



856 DIRECTORY FOR WORSHIP, CHAP. X. 

if they be free from scandal, appear sober and steady, and to have suffi- 
cient knowledge to discern the Lord's body, they ought to be informed it 
is their duty and their privilege to come to the Lord's Supper;" and 

Whereas, There seems to be inadequate attention given by parents, 
pastors and Christians generally to this first and divine provision for the 
perpetuity, prosperity and extension of the Church; therefore, 

Resolved, That the General Assembly hereby specially directs the 
attention of the whole Church to this momentous subject, in the full 
assurance that no part of the Avork of the Church is more fundamental 
and important than that which is performed in the quietness and sanctity 
of homes where Christian parents are the divinely chosen and responsible 
guardians, guides, examples and teachers of their children, in the way 
of the Lord; and the General Assembly desires that the utmost diligence 
may be shown in this work; that a generation of God's people, renewed 
in heart in their infancy, may grow up in the practice of God's worship 
and service from their earliest years, so that His Church may be more 
intelligent, zealous, holy and progressive than in any former age. — 1875, 
p. 594. 

[Note.— See Pastoral Letter on Sabbath-schools, 1878, pp. 95-98.] 

5. Children should be trained in the faith of our fathers. 
We have two suggestions to make to Christian parents on this general 
subject. One is, that they cause their children to be brought up in the 
faith of their fathers. We do not mean by this that our youth should 
be prevented from following out their honest convictions of duty; but 
that they should be dissuaded from uniting with other denominations 
from mere caprice or childish fancies. We consider the conduct of those 
parents who suffer their children to abandon our own Church without any 
adequate reason, as in a high degree reprehensible, and calculated to inflict 
a serious injury both on the Church and on their divided households. — 
1840, p. 310, O. S. 

6. Catechetical instruction enjoined on parents. 
It was unanimously Resolved, That the Assembly hereby most earnestly 
remind parents and others of the duty of catechising children and 
youth, and enjoin this duty upon them, as one whose performance no 
instruction the children receive in the Sabbath -school or elsewhere, out- 
side the family, can supersede or supply. — 1870, p. 123. 

7. Family training essential to the increase of the ministry and 

the Church. 

Resolved, That the Assembly regard Christian training at all periods of 
youth, and by all practicable methods, especially by parents at home, by 
teachers in institutions of learning, and by pastors through catechetical 
and Bible classes, as binding upon the Church, according to the injunc- 
tion, Train up a child in the way he should go, and as having a vital 
connection with the increase of the numbers and efficiency of the minis- 
try and of the stability and purity of the Church. — 1 854, p. 30, O. S. 

8. Placing children in Catholic schools a violation of covenant 

engagement. 

What course ought church Sessions to pursue with members of the 
Church who send their children to Catholic boarding-schools, where they 
are entirely deprived of the evangelical means of grace, and are obliged 
to attend upon papistical services ? 



OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 857 

1. Resolved, That this Assembly deem such conduct ou the part of 
any Protestant parents, whether church members or not, as highly inju- 
dicious, fraught with great danger to their children, and utterly incon- 
sistent with every principle of Protestantism. 

2. Resolved, That we deem such conduct in church members, whose 
children have been dedicated to God in baptism, as a violation of their 
vows made in that ordinance, and a great hindrance to the training up 
of their children in the nurture and admonition of the Lord. 

3. Resolved, That it be recommended to all ministers in our connection 
where such a practice exists, to present this subject from the pulpit, and 
in other suitable ways to admonish those who offend. — 1849, p. 265, 
O. S. 

II. The years of discretion, in young Christians, cannot be precisely 
fixed. This must be left to the prudence of the eldership. The officers 
of the church are the judges of the qualifications of those to be admitted 
to sealing ordinances; and of the time when it is proper to admit young 
Christians to them. 

III. Those who are to be admitted to sealing ordinances, shall be 
examined as to their knowledge and piety. 

1. Universalists not to be admitted to sealing" ordinances. 

a. A question from the Synod of the Carolinas was introduced as 
follows, viz. : 

Are they who publicly profess a belief in the doctrine of the universal 
and actual salvation of the whole human race, or of the fallen angels, 
or both, through the mediation of Christ, to be admitted to the sealing 
ordinances of the Gospel ? 

The Assembly determined that such persons should not be admitted. — 
1792, p. 60. 

b. The consideration of Dr. McCorkle's letter was resumed. On the 
proposition in the letter, requesting a reconsideration of the sentence of 
the General Assembly, respecting the doctrine of universal salvation, 
passed at Carlisle in 1792, the Assembly unanimously agreed to adhere 
to the aforesaid decision. — 1794, p. 86. 

2. Persons refusing to present their children in baptism not to be 
refused communion, but the expediency of receiving them to be 
judged of by the Session. 

The Committee appointed on Overture No. 7, from the Session of 
Union Grove church, Illinois, made the following report, which was 
adopted, viz. : 

That two questions are submitted in this overture to the judgment of 
the Assembly, viz. : 

1. Is it the duty of church Sessions to admit to membership persons 
who refuse to present their children to God in the ordinance of baptism ? 

2. What is the duty of the Session in case of parents, members of the 
church, who refuse from conscientious scruples to present their children 
for baptism ? 

For a reply to these questions, the Session are referred to the Digest, 
Part iv, Chap, ii, Sec. vii, p. 98, where the decision of the Assembly on 
the principle involved in both is recorded as follows: 

A letter also came through the Committee of Overtures, from Bethuel 



858 DIRECTORY FOR WORSHIP, CHAP. X. 

Church, Esq., inquiring whether he may be admitted to occasional 
communion, whilst he has scruples concerning infant baptism. 

The letter from Bethuel Church, Esq., as overtured, was read, and 
the motion formerly made thus amended : That the Session of the church 
of Cambridge be permitted to receive Mr. Church upon satisfactory 
evidence of his good character, his scruples notwithstanding, was taken 
up and agreed to. 

But while it is clear, that persons otherwise of good Christian charac- 
ter, are not to be excluded from the communion of the church, because 
they have scruples concerning infant baptism, there is in every case, 
where such persons apply for admission, a question as to the expediencv 
of receiving them, upon which the Session of the church must decide. 
—1834, p. 449. 

3. Duelists to be received only on evidence of repentance. 

Resolved, also, That it be, and it is hereby recommended to all the 
ministers under the care of the Assembly, that they scrupulously refuse 
to attend the funeral of any person who shall have fallen in a duel ; 
and that they admit no person who shall have fought a duel, given or 
accepted a challenge, or been accessory thereto, unto the distinguishing 
privileges of the Church until he manifest a just sense of his guilt, and 
give satisfactory evidence of repentance. — 1805, p. 339. 

4. Postmasters officiating on the Sabbath. 

a. An appeal by Mr. Wiley, postmaster in Washington, Pa., from a 
decision of the Synod of Pittsburgh, by which it is determined that Mr. 
Wiley's officiating as postmaster on the Sabbath day, in existing circum- 
stances, is a sufficient reason to exclude him from the special privileges 
of the Church, was overtured and read. 

Resolved, That the above decision of the Synod of Pittsburgh be 
affirmed.— 1810, p. 456. 

b. A petition signed by a number of persons in Washington, Pa., 
and vicinity, praying the revision, with a view to its being rescinded, of 
the decision of the General Assembly of 1810, respecting the case of Mr. 
Wiley, postmaster, was overtured. 

Resolved, That the prayer of the petitioners be not granted. — 1812, p. 
508. 

5. Proprietor of mail stages running on the Sabbath. 

An overture relative to receiving a person as a member of the Church 
who is a proprietor in a line of stages which carries the mail, and runs 
on Sabbath. 

Resolved, That it is the decided opinion of this Assembly that all 
attention to worldly concerns on the Lord's day, further than the works 
of necessity and mercy demand, is inconsistent both with the letter and 
spirit of the fourth commandment; and consequently all engagements 
in regard to secular occupations on the Lord's day, with a view to secure 
worldly advantages, are to be considered inconsistent with Christian 
character, and that those who are concerned in such engagements ought 
not to be admitted into the communion of the Church while they con- 
tinue in the same. — 1819, p. 713. 

6. Persons engaged in the sale of intoxicating drinks. 

[Note.— See No. 12 (6), p. 624, and Nos. 1 and 2, p. 631.] 



OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 859 

7. Subjection to the discipline of the Church requisite. 

Is a church Session authorized by the principles laid down in the 
Confession of Faith, to admit individuals to the Lord's table, who do 
not subscribe to the doctrines and submit to the discipline of the Church ? 

There can be no doubt that all persons admitted to the communion of 
the Presbyterian Church do in fact and form submit to its discipline 
(except in cases of occasional communion by members of other churches) ; 
but every Session must judge for themselves of that degree of knowl- 
edge of Christian doctrine and adherence thereto on the part of those 
examined by them which may render their reception suitable, and for 
their own edification and the peace of the Church. — 1853, p. 434, O. S. 

8. To be admitted only by a Session regularly constituted. 

[Note. — See under Form of Government, Chap, ix, Sec. vi, p. 168.] 

9. The Session the judge of the qualification of candidates for 

membership. 

Has a Session or church constitutional power, in examining a candi- 
date for membership, to require abstinence from any error, practice or 
custom, which the members adjudge to be sinful, and decidedly injurious 
to personal piety, and to the interests of the Church of Christ ? And, 
if they have this power, then is it expedient to admit persons to member- 
ship who practice and defend promiscuous dancing, card -playing, and 
the use, manufacture and sale of intoxicating drinks as a beverage ? 

The Committee recommended the following answer: 

It is the province of the Session to judge of the qualifications of can- 
didates for membership in the church. For their guidance in the 
matters noticed in the overture, reference is made to past acts of the 
Assembly found in the Digest (Moore, 1861), Chap, vii, on " Moral 
Questions, ' ' Sees, iii, iv and v. 

The report was adopted. — 1864, p. 510, N. S. 

[Note.— See also No. 3, p. 609.] 

10. Question as to the baptism of a member of the Friends' Society. 

Overture No. 7, from the Presbytery of St. Clairsville. Would it be 
consistent for a minister of the Presbyterian Church to administer the 
ordinance of baptism to a member of the Friends' Society, who professes 
to believe that ' l Jesus is the Son of God ' ' and the essential doctrines 
of the Christian religion, but declares his intention to continue his con- 
nection with the Friends' Society ? 

The Committee on Bills and Overtures reported a recommendation that 
the inquirers be referred to the answers in the Larger and Shorter Cate- 
chisms, to the question, " To whom is baptism to be administered ?" 

The report was adopted. — 1864, p. 314, O. S. 

11. Intercommunion with those who maintain an irregular ministry 

discouraged. 

The Committee on Overture No. 3, viz., a question from the Presby- 
tery of Bethel, respecting holding communion with the followers of 
William C. Davis, a deposed minister, and calling themselves Indepen- 
dent Presbyterians, reported, that in their judgment the questions pro- 
posed in said overture ought to be answered in the negative. They 
therefore would recommend the adoption of the following resolution, viz. : 

Resolved, That while this Assembly readily acknowledges the right of 



860 DIRECTORY FOR WORSHIP, CHAP. X. 

the Session to determine according to the Scriptures and the Constitution 
of our Church, the qualifications for admission to sealing ordinances, 
yet they feel it to be their duty to declare that, in their judgment, the 
services of those who have received only lay ordination, and of those 
who have been deposed from the Gospel ministry, are unscriptural and 
unwarrantable ; and therefore an attendance on their ministrations cannot 
be in the order of the Gospel, and ought to be discouraged and discoun- 
tenanced by every friend of the Redeemer's kingdom. — 1833, p. 407. 

12. Polygamists cannot be received into the Church while remaining 

in that relation. 

No. 14, from the Presbytery of Kolapore, asking for an answer to 
the following questions, namely: 

Can a man who, before his conversion from heathenism, had been the 
husband of two wives, each the mother of several children, and with 
whom he continues to live in apparent harmony, be received into the 
Christian Church while retaining them both, or should he be required to 
separate from one of them ? In the latter case, from which ought he to 
separate ? and why should he be separated from her ? 

The Committee report that they have given the subject the most care- 
ful consideration, and have called before them all the foreign missionaries 
in attendance on the Assembly, and fully consulted with them. As the 
result of all their deliberations, the Committee recommend that the 
following answer be returned: 

Under the light of the Gospel no man may marry a second wife while 
his first is living without offending against the law of Christ. Such a 
relation, although it may be justified by human law and entered into in 
ignorance of the truth, cannot be perpetuated by one who has become a 
follower of Christ; neither can it be justified by His Church. Converts 
from heathenism should be treated very tenderly in this most painful 
situation, and yet they should be dealt with in all fidelity; and, when a 
converted man is called on to separate from all but his first and only 
wife, he should be enjoined to make suitable provision for her that is put 
away, and for her children, if she have any, to the full extent of his 
ability. The report was unanimously adopted. — 1875, p. 507. 

[Note. — See Confession of Faith, Chap, xxiv, Sec. i, p. 93.] 

13. Examination of candidates ought ordinarily to be in the 
presence of the Session. 

^Overture from the Presbytery of Troy, asking: " Must the examina- 
tion of candidates for admission to the sealing ordinances spoken of in 
Chap, ix, Sec. iii, of the Directory for Worship, be in the presence of 
the Session ? Or may it be conducted by the pastor or a Committee, and 
the result be reported to the Session to guide them in their action ?" 

Your Committee recommend the following action: Inasmuch as the 
members of the Session are the judges of the qualifications of those to 
be admitted to sealing ordinances, and the reception of such is their act, 
the examination of candidates ought manifestly to be in their presence, 
unless in special cases of sickness or other hindrance, when this duty 
may be performed by a Committee, under direction of the Session (See 
Moore's Digest, p. 130). Adopted.— 1885, p. 638. 



OF THE ADMISSION OF PERSONS TO SEALING ORDINANCES. 861 

IV. When unbaptized persons apply for admission into the Church, 
the) 7 shall, in ordinary cases, after giving satisfaction with respect to 
their knowledge and piety, make a public profession of their faith, in 
the presence of the congregation; and thereupon be baptized. 

1. Baptism may follow upon a general profession of faith. 

The Committee on the Polity of the Church reported au answer to the 
following inquiry : 

" Is it forbidden by our Standards to baptize adult converts upon a 
general confession of faith in Christ, previous to their being received 
into a particular church, and assenting to its articles of faith?" as 
follows, viz. : 

A profession of faith in Christ and obedience to Him is all that is 
required in our Standards of those who are out of the visible Church, 
in order to their being baptized (see Confession of Faith, Chap, xxviii, 
Sec. iv; Larger Catechism, Ques. 166; Shorter Catechism, Ques. 95). 

Hence, cases may occur in which, as in the case of Philip and the 
Ethiopian eunuch, it may be proper to baptize a person who does not 
expect immediately to connect himself with any particular Church. But 
inasmuch as it was the obvious intent of the Saviour that all His disci- 
ples should be associated in local churches, and inasmuch as we cannot 
obey one of His commandments, that requiring us to remember Him at 
His table, without such connection: therefore, your Committee believe 
that in no ordinary circumstances can a person give good evidence of a 
readiness to obey Christ in all things, who, having the opportunity, does 
not connect himself with some particular branch of the visible body of 
Christ. In the practice of our Church, and according to her Standards, 
baptism is manifestly regarded as a part of the general profession of 
faith in, and obedience to, Christ, which constitute his initiation into the 
visible Church, and into some particular branch of it ; and in no ordinary 
case ought the several parts of this solemn profession to be separated. — 
1860, p. 244, N. S. 
[Note.— See Form of Government, Chap, ix, Sec. vi, pp. 166, 167.] 

2. An excommunicated member, if restored, is not to be 
rebaptized. 

A question by the Presbytery of Holston, whether the excommunica- 
tion of a church member vitiates his baptism, and, on being restored, 
shall he be rebaptized ? Both questions answered in the negative. — 
1881, p. 586. 

3. To admit to sealing ordinances belongs exclusively to the Session. 
Forms of admission. 

Overture No. 38, from the Presbytery of Brooklyn, on the methods 
of receiving members to the communion of our churches and urging 
the importance of uniformity in these methods, as well as calling atten- 
tion to ' ' serious and hurtful evils ' ' growing out of a disregard of the 
teachings of our Standards on this subject. 

The following answer is recommended by the Committee: 

1. That the admission of persons to sealing ordinances is confided, by 
the Form of Government, really and exclusively to the church Session. 

2. That any forms, for publicly recognizing those who have been thus 



862 DIRECTORY FOR WORSHIP, CHAP. XI. 

admitted to sealing ordinances, should keep in view the principle thus 
declared, and should give effect to the distinction, so clearly laid down 
by our Standards, between admitting the children of the Church to the 
Lord's table, and the unbaptized to membership in the Church. — 1872, 
p. 89. 
[Note. — See under Form of Government, Chap, ix, Sec. vi, p. 168.] 



CHAPTER XI. 



OF THE MODE OF INFLICTING AND REMOVING 
CENSURES. 

[Note. — See for cases, Confession of Faith, Chap, xxx, p. 110, Form of Govern- 
ment, pp. 206-212, and 536, and Book of Discipline, pp. 657 to 662.] 

I. The power which Christ has given the rulers of his Church is for 
edification, and not destruction. When, therefore, a communicant shall 
have been found guilty of a fault deserving censure, the judicatory shall 
proceed with all tenderness, and restore the offending brother in the spirit 
of meekness, its members considering themselves, lest they also be 
tempted. Censure ought to be inflicted with great solemnity: that it 
may be the means of impressing the mind of the delinquent with a 
proper sense of his sin; and that, with the divine blessing, it may lead 
him to repentance. 

II. When the judicatory has resolved to pass sentence, suspending a 
communicant from church privileges, the Moderator shall pronounce the 
sentence in the following form : 

''Whereas you have been found guilty [by your own confession, or by 
" sufficient proof , as the case maybe'] of the sin of [here mention the 
"particular offence'], we declare you suspended from the sacrament of 
" the Lord's Supper, till you give satisfactory evidence of repentance." 

To this shall be added such advice, admonition, or rebuke, as may be 
judged necessary; and the whole shall be concluded with prayer to 
Almighty God, that he would follow this act of discipline with his bless- 
ing. In general such censure should be inflicted in the presence of the 
judicatory only; but, if the judicatory think it expedient to rebuke the 
offender publicly, this solemn suspension may be in the presence of the 
church. 

III. After a person has been thus suspended, the minister and elders 
should frequently converse with him, as well as pray for him in private, 
that it would please God to give him repentance. And, particularly on 
days preparatory to the dispensing of the Lord's Supper, the prayers of 
the church should be offered up for those who have shut themselves out 
from this holy Communion. 



OF THE MODE OF INFLICTING AND REMOVING CENSURES. 863 

IV. When the judicatory shall be satisfied as to the reality of the 
repentance of any suspended member, he shall be allowed to profess his 
repentance, and be restored to fellowship, in the presence of the Session, 
or of the church. 

V. When a suspended person has failed to manifest repentance for his 
offence, and has continued in obstinate impenitence not less than a year, 
it may become the duty of the judicatory to excommunicate him without 
further trial. The design of excommunication is to operate upon the 
offender as a means of reclaiming him, to deliver the Church from the 
scandal of his offence, and to inspire all with fear by the example of his 
punishment. 

VI. When a judgment of excommunication is to be executed, with or 
without previous suspension, it is proper that the sentence be publicly 
pronounced against the offender. 

The minister shall, therefore, at a regular meeting of the church, 
make a brief statement of the several steps which have been taken, with 
respect to the offender, announcing that it has been found necessary to 
excommunicate him. 

He shall begin by showing (from Matt, xviii. 15, 16, 17, 18; 1 Cor. 
v. 1, 2, 3, 4, 5) the power of the Church to cast out unworthy members, 
and shall briefly explain the nature, use, and consequences of this cen- 
sure. 

Then he shall pronounce the sentence in the following or like form, viz. : 

" Whereas A. B. hath been, by sufficient proof, convicted of [here 
insert the sin~\ , and after much admonition and prayer refuseth to hear 
the Church, and hath manifested no evidence of repentance; therefore, 
in the name, and by the authority, of the Lord Jesus Christ, I pro- 
nounce him to be excluded from the communion of this Church. ' ' 

After which, prayer shall be made for the conviction and reformation of 
the excommunicated person, and for the establishment of all true believers. 

But the judicatory may omit the publication of the excommunication, 
when it judges that there is sufficient reason for such omission. 

VII. When an excommunicated person shall be so affected by his state 
as to be brought to repentance, and desires to be readmitted to the 
privileges of the Church, the Session of the church which excommuni- 
cated him, having obtained, and placed on record, sufficient evidence of 
his sincere repentance and deep contrition, shall proceed to restore him, 
recording, in explicit terms, the grounds on which such conclusion has 
been reached. 

The sentence of restoration shall be pronounced by the minister, at a 
regular meeting of the church on the Lord' s day, in the following words : 

" Whereas A. B. has been excluded from the communion of the 
Church, but has now given satisfactory evidence of repentance; in the 
name of the Lord Jesus Christ, and by his authority, I declare him 



864 DIRECTORY FOR WORSHIP, CHAP. XII. 

absolved from the sentence of excommunication formerly pronounced 
against him ; and I do restore him to the communion of the Church, that 
he may be a partaker of all the benefits of the Lord Jesus, to his eternal 
salvation. ' ' 

After which, he shall be commended to God in prayer. 

VIII. Censures, other than suspension from church privileges, or 
excommunication, shall be inflicted in such mode as the judicatory may 
direct. 



CHAPTER XII. 
OF THE SOLEMNIZATION OF MARRIAGE. 

I. Marriage is not a Sacrament ; nor peculiar to the Church of Christ. 
It is proper that every commonwealth, for the good of society, make laws 
to regulate marriage ; which all citizens are bound to obey. 

II. Christians ought to marry in the Lord : therefore it is fit that their 
marriage be solemnized by a lawful minister; that special instruction 
may be given them, and suitable prayers made, when they enter into 
this relation. 

1. Marriage solemnized by licentiates. 

That while our Form of Government does not recognize licentiates as 
ministers of the Gospel, yet this Assembly do not consider them as vio- 
lating any rules of the Church by solemnizing marriage in those States 
where the civil laws expressly authorize them to do it. — 1844, p. 377, 
O. S. 

2. Marrying- in the Lord defined. 

It is lawful for all sorts of people to marry who are able with judg- 
ment to give their consent, yet it is the duty of Christians to marry only 
in the Lord. And, therefore, such as profess the true reformed religion 
should not marry with infidels, papists or other idolaters : neither should 
such as are godly be unequally yoked, by marrying with such as are 
notoriously wicked in their life, or maintain damnable heresies. — Con- 
fession of Faith, Chap, xxiv, iii. 

III. Marriage is to be between one man and one woman only : and 
they are not to be within the degrees of consanguinity or affinity pro- 
hibited by the word of God. 

[Note. — See Confession of Faith, Chap, xxiv, Sec. iv, pp. 93-96.] 

IV. The parties ought to be of such years of discretion as to be capa- 
ble of making their own choice : and if they be under age, or live with 
their parents, the consent of .the parents or others, under whose care 
they are, ought to be previously obtained, and well certified to the min- 
ister, before he proceeds to solemnize the marriage. 



OF THE SOLEMNIZATION OF MARRIAGE. 865 

1. Clandestine marriage discouraged. 

The Synod do recommend it to all their members to use the greatest 
caution that they do not countenance any clandestine marriages, and 
especially that they do not marry any that they have reason to suspect to 
go contrary to the minds of their parents and guardians in seeking it.— 
1735, p. 115. 

V. Parents ought neither to compel their children to marry contrary 
to their inclinations, nor deny their consent without just and important 
reasons. 

VI. Marriage is of a public nature. The welfare of civil society, 
the happiness of families, and the credit of religion, are deeply inter- 
ested in it. Therefore the purpose of marriage ought to be sufficiently 
published a proper time previously to the solemnization of it. It is 
enjoined on all ministers to be careful that, in this matter, they neither 
transgress the laws of God, nor the laws of the community: and that 
they may not destroy the peace and comfort of families, they must be 
properly certified with respect to the parties applying to them, that no 
just objections lie against their marriage. 

1. Publication of purpose of marriage. 

What is a sufficient publication of the purpose of marriage according 
to the second sentence of the sixth section of the eleventh chapter of the 
Book of Discipline ? 

Resolved, That the following be given as an answer to this question, 
viz. : That the Presbyteries are the best judges in the case. — 1820, p. 740. 

2. Caution enjoined in solemnizing marriages. 

Overture from the Presbytery of Monroe requesting that, in view of 
the great evils resulting from the frequency of divorce, and the ease with 
which it is obtained, ministers be enjoined to use great caution in per- 
forming the marriage ceremony, and in all cases refuse when either of 
the parties has been divorced for any other than Scriptural reasons. 

The Assembly cannot too emphatically pronounce its condemnation 
upon the loose views and practices so alarmingly prevalent in our day, 
on the subject of marriage and divorce, nor too earnestly call upon its 
ministers and people to use their influence, both by precept and exam- 
ple, for the promotion of a healthier moral sentiment in the community 
on this subject. The formation of the marriage relation is attended with 
the gravest responsibility, and " nothing but adultery, or such willful 
desertion as can no way be remedied by the Church or civil magis- 
trates " (Confession of Faith, Chap, xxiv, Sec. vi), can warrant its 
rupture by any human authority. Let, therefore, the pulpit and the 
religious press, as well as parents, teachers and others, instruct and warn 
the young concerning these great evils and dangers. And our ministers 
are urged to the greatest possible care that ' ' they neither transgress the 
laws of God nor the laws of the community " in marrying persons who 
have been divorced on grounds not warranted in the sacred Scriptures, or 
any other persons whose lawful right may be justly called in question 
(Directory for Worship, Chap, xii, Sec. vi). Nor may we, as conserva- 
tors of the public morals, omit to appeal to the Legislatures of our 
55 



866 DIRECTORY FOR WORSHIP, CHAP. XII. 

several States for the enactment of such laws of marriage, license, regis- 
tration and other regulations as will at once protect the rights of minis- 
ters, parents and society, as well as guard against hasty and improper 
marriages, and so take away, to a great extent, occasion for divorce. 
Adopted.— 1885, p. 639. 

[Note.— See Confession of Faith, Chap, xxiv, Sec. vi, p. 96.] 

VII. Marriage must always be performed before a competent number 
of witnesses; and at any time, except on a day of public humiliation. 
And we advise that it be not on the Lord's Day. And the minister is 
to give a certificate of the marriage when required. 

VIII. When the parties present themselves for marriage, the minister 
is to desire, if there is any person present who knows any lawful reason 
why these persons may not be joined together in the marriage relation, 
that they will now make it known, or ever after hold their peace. 

No objections being made, he is then severally to address himself to 
the parties to be married, in the following or like words: 

" You, the man, declare in the presence of God, that you do not 
" know any reason, by precontract or otherwise, why you may not law- 
" fully marry this woman." 

Upon his declaring he does not, the minister shall address himself to 
the bride, in the same or similar terms: 

" You, the woman, declare in the presence of God, that you do not 
" know any reason, by precontract or otherwise, why you may not law- 
fully marry this man." 

Upon her declaring she does not, he is to begin with prayer for the 
presence and blessing of God. 

The minister shall then proceed to give them some instruction from the 
scriptures, respecting the institution and duties of this state, showing — 

' ' That God hath instituted marriage for the comfort and happiness of 
" mankind, in declaring a man shall forsake his father and mother, and 
" cleave unto his wife; and that marriage is honorable in all; that he 
' ' hath appointed various duties, which are incumbent upon those who enter 
''into this relation; such as, a high esteem and mutual love for one 
*' another; bearing with each other's infirmities and weaknesses, to which 
" human nature is subject in its present lapsed state; to encourage each 
" other under the various ills of life; to comfort one another in sickness; 
*' in honesty and industry to provide for each other's temporal support; to 
" pray for and encourage one another in the things which pertain to God, 
" and to their immortal souls; and to live together as the heirs of the 
•' grace of life." 

Then the minister shall cause the bridegroom and bride to join their 
hands, and shall pronounce the marriage covenant, first to the man, in 
these words : 

" You take this woman, whom you hold by the hand, to be your law- 



OF THE VISITATION OF THE SICK. 867 

" ful and married wife; and you promise, and covenant, in the presence 
" of God and these witnesses, that you will be unto her a loving and 
" faithful husband, until you shall be separated by death." 

The bridegroom shall express his consent, by saying, ' ' Yes, I do. ' ' 

Then the minister shall address himself to the woman, in these words: 

" You take this man, whom you hold by the hand, to be your lawful 
u and married husband; and you promise, and covenant, in the presence 
' ' of God and these witnesses, that you will be unto him a loving, f aith- 
" ful, and obedient wife, until you shall be separated by death." 

The bride shall express her consent, by saying, ' ' Yes, I do. " 

Then the minister is to say, 

" I pronounce you husband and wife, according to the ordinance of 
* ' God ; whom therefore God hath joined together let no. man put asunder. ' ' 

After this the minister may exhort them in a few words, to the mutual 
discharge of their duty. 

Then let him conclude with prayer suitable to the occasion. 

Let the minister keep a proper register for the names of all persons 
whom he marries, and of the time of their marriage, for the perusal of 
all whom it may concern. 



CHAPTER XIII. 
OF THE VISITATION OF THE SICK. 

I. When persons are sick, it is their duty, before their strength and 
understanding fail them, to send for their minister, and to make known 
to him, with prudence, their spiritual state; or to consult him on the 
concerns of their precious souls. And it is his duty to visit them, at 
their request, and to apply himself, with all tenderness and love, to 
administer spiritual good to their immortal souls. 

II. He shall instruct the sick out of the Scriptures, that diseases arise 
not out of the ground, nor do they come by chance; but that they are 
directed and sent by a wise and holy God, either for correction of sin, 
for the trial of grace, for improvement in religion, or for other impor- 
tant ends: and that they shall work together for good to all those who 
make a wise improvement of God's visitation, neither despising his 
chastening hand, nor fainting under his rebukes. 

III. If the minister finds the sick person to be grossly ignorant, he 
shall instruct him in the nature of repentance and faith, and the way of 
acceptance with God, through the mediation and atonement of Jesus 
Christ. 



868 DIRECTORY FOR WORSHIP, CHAP. XIII. 

IV. He shall exhort the sick to examine himself; to search his heart, 
and try his former ways, by the word of God; and shall assist him, by 
mentioning some of the obvious marks and evidences of sincere piety. 

V. If the sick shall signify any scrapie, doubt, or temptation, under 
which he labors, the minister must endeavor to resolve his doubts, and 
administer instruction and direction, as the case may seem to require. 

VI. If the sick appear to be a stupid, thoughtless, and hardened 
sinner, he shall endeavor to awaken his mind ; to arouse his conscience ; 
to convince him of the evil and danger of sin ; of the curse of the law, 
and the wrath of God due to sinners ; to bring him to an humble and 
penitential sense of his iniquities ; and to state before him the fullness of 
the grace and mercy of God, in and through the glorious Redeemer ; the 
absolute necessity of faith and repentance, in order to his being interested 
in the favor of God, or his obtaining everlasting happiness. 

VII. If the sick person shall appear to have knowledge, to be of a 
tender conscience, and to have been endeavoring to serve God in upright- 
ness, though not without many failings and sinful infirmities; or if his 
spirit be broken with a sense of sin, or through apprehensions of the 
want of the divine favor ; then it will be proper to administer consola- 
tion and encouragement to him, by setting before him the freeness and 
riches of the grace of God, the all -sufficiency of the righteousness of 
Christ, and the supporting promises of the gospel. 

[Note. — For cases where it may be proper to administer the Lord's Supper in the 
sick chamber, see Directory for Worship, Chap, ix, Sec. i, 4, p. 850.] 

VIII. The minister must endeavor to guard the sick person against 
ill-grounded persuasions of the mercy of God, without a vital union to 
Christ ; and against unreasonable fears of death, and desponding discour- 
agements ; against presumption upon his own goodness and merit, upon 
the one hand, and against despair of the mercy and grace of God in 
Jesus Christ, on the other. 

IX. In one word, it is the minister's duty to administer to the sick 
person instruction, conviction, support, consolation, or encouragement, as 
his case may seem to require. 

At a proper time, when he is most composed, the minister shall pray 
with and for him. 

X. Lastly, the minister may improve the present occasion to exhort 
those about the sick, to consider their mortality ; to turn to the Lord 
and make their peace with him ; in health to prepare for sickness, death, 
and judgment. 



OF FASTING AND THANKSGIVING. 869 

CHAPTER XIV. 
OF THE BURIAL OF THE DEAD. 

I. When any person departs this life, let the corpse be taken care of 
in a decent manner; and be kept a proper and sufficient time before 
interment. 

II. When the season for the funeral comes, let the dead body be 
decently attended to the grave, and interred. During such solemn 
occasions, let all who attend conduct themselves with becoming gravity; 
and apply themselves to serious meditation or discourse: and the minister, 
if present, may exhort them to consider the frailty of life, and the 
importance of being prepared for death and eternity. 

1. Carousing and ostentatious parades discountenanced. 

That as the too great use of spirituous liquors at funerals in some parts 
of the country is risen to such a height as greatly to endanger the 
morals of many, and is the cause of much scandal, the Synod earnestly 
enjoin, that the several Sessions and committees shall take the most 
effectual methods to correct these mischiefs, and discountenance by their 
example and influence all approaches to such practices and all ostenta- 
tious and expensive parades, so inconsistent with such mortifying and 
distressing occasions. — 1766, p. 359. 



CHAPTER XV. 



OF FASTING, AND OF THE OBSERVATION OF THE 
DAYS OF THANKSGIVING. 

I. There is no day under the gospel commanded to be kept holy, 
except the Lord's Day, which is the Christian Sabbath. 

II. Nevertheless, to observe days of fasting and thanksgiving, as the 
extraordinary dispensations of divine providence may direct, we judge 
both scriptural and rational. 

1. The duty of fasting. 
We will further observe, that the duty of fasting, as united with 
prayer, appears to be too much disregarded, if not entirely neglected by 
many Christians of the present day. We agree with our fathers of the 
Reformation, that the appointment of annual or stated fasts is not author- 
ized under the Gospel dispensation ; but occasional fasting, both public 
and private, such as is called for by peculiar circumstances, or by the 
dispensations of heaven, are still among the appointed means of grace, 



870 DIRECTORY FOR WORSHIP, CHAP. XV 

and form an important part of Christian duty. Our Saviour said, the 
children of the bride-chamber would fast when the bridegroom was taken 
from them; surely such a dispensation. as we have lately witnessed should 
lead those children to fast. — 1838, p. 50, O. S. 

2. Churches should observe days appointed by the local authorities. 

In this connection, the Committee further recommend that this Assem- 
bly sanction and approve the practice of particular churches observing, 
with appropriate worship, days of thanksgiving, recommended in procla- 
mation by the governors of commonwealths in which they are located. 

The recommendations were adopted. — 1849, p. 266, O. S. 

III. Fasts and thanksgivings may be observed by individual Chris- 
tians; or families, in private; by particular congregatioDs ; by a number 
of congregations contiguous to each other; by the congregations under 
the care of a Presbytery, or of a Synod; or by all the congregations of 
our Church. 

IV. It must be left to the judgment and discretion of every Christian 
and family to determine when it is proper to observe a private fast or 
thanksgiving; and to the church Sessions to determine for particular con- 
gregations; and to the Presbyteries or Synods to determine for larger 
districts. When it is deemed expedient that a fast or thanksgiving 
should be general, the call for them must be judged of by the Synod or 
General Assembly. And if at any time the civil power should think it 
proper to appoint a fast or thanksgiving, it is the duty of the ministers 
and people of our communion, as we live under a Christian government, 
to pay all due respect to the same. 

DAYS OP FASTING APPOINTED BY THE SUPREME JUDICATORY. 

1. Upon the occasion of the French War. 

a. The Synod, under a sense of the present distressed and calamitous 
state of the country, do agree that they will recommend to all their con- 
gregations to unite in observing the last Thursday of October instant, as 
a day of public humiliation, fasting and prayer. — Synod of New York, 
1756, p. 276. 

b. In 1758 the reunited Synod recommended that' a day of fasting 
and prayer be observed by all the congregations under our care to depre- 
cate the wrath of God, to pray for a blessing on his majesty's armaments 
by sea and land, in order to procure a lasting and honorable peace. — 
1758, p. 290; also 1760, p. 305, and 1761, p. 310. 

2. On the war with Spain. 

[Note.— See Minutes, 1762, p. 315. Digest, 1886, p. 827.] 

3. On account of trouble with England. 

[Note— See Minutes, 1774, p. 460 ; 1775, p. 465 ; 1777, p. 478 ; 1778, p. 481 ; 1779, p. 483 ; 
1780, p. 488. Digest, 1886, pp. 827, 828.] 

4. Before the second war with England. 

[Note— See Minutes, 1808, p. 409. Digest, 1886, p. 828.] 



OF FASTING AND THANKSGIVING. 871 

5. During the war with England. 

[Note— See Minutes, 1812, p. 497 ; 1813, p. 524; 1814, p. 572. Digest, 1886. p. 828.] 

6. On the outbreak of the Civil War. 

a. Gratefully acknowledging the distinguished bounty and care of 
Almighty God toward this favored laud, and also recognizing our obliga- 
tions to submit to every ordinance of man for the Lord's sake, this 
General Assembly adopt the following resolutions: 

Resolved, 1. That in view of the present agitated and unhappy condi- 
tion of this country, the first day of July next be hereby set apart as a 
day of prayer throughout our bounds, and that on this day ministers 
and people are called on humbly to confess and bewail our national sins; 
to offer our thanks to the Father of light for His abundant and unde- 
served goodness toward us as a nation; to seek His guidance and blessing 
upon our rulers and their counsels, as well as on the Congress of the 
United States about to assemble; and to implore Him, in the name of 
Jesus Christ, the great High Priest of the Christian profession, to turn 
away His anger from us, and speedily restore to us the blessings of an 
honorable peace. 

Resolved, 2. That this General Assembly, in the spirit of that Chris- 
tian patriotism which the Scriptures enjoin, and which has always charac- 
terized this Church, do hereby acknowledge and declare our obligations 
to promote and perpetuate, so far as in us lies, the integrity of these 
United States, and to strengthen, uphold and encourage the Federal 
Government in the exercise of all its functions under our noble Constitu- 
tion ; and to this Constitution m all its provisions, requirements and prin- 
ciples we profess our unabated loyalty. 

And to avoid all misconception, the Assembly declare that by the 
terms " Federal Government," as here used, is not meant any particu- 
lar administration, or the peculiar opinions of any particular party, but 
that central administration, which being at any time appointed and 
inaugurated according to the forms prescribed in the Constitution of the 
United States, is the visible representative of our national existence. 

This paper was adopted by the following vote: yeas 156, nays 66. — 
1861, p. 329, O. S. 

b. In view of the turbulence and the menace of our times, the drear 
inauguration of civil war, and the prospect of its ravages of physical 
and moral desolation in our country, 

Resolved, 1. That we acknowledge the agency and the just judgments 
of our God in all this and would humble ourselves before Him with the 
prayer— O Lord, in wrath remember mercy! spare Thy people, and 
restore peace in all our borders ! 

Resolved, 2. That Friday, June 28, be appointed, in these national 
and solemn relations, as a day of fasting, humiliation and prayer before 
God, to confess our sins, to supplicate His mercy and gracious return to 
us, almighty to save ; and especially that He would prepare the members 
of both houses of Congress, so soon to convene, in this crisis of our 
affairs, for all their duties, with wisdom, piety and patriotic sincerity of 
devotion to the good of our one great nation; and that He would bless our 
President and his Cabinet, our army and our navy, and order all the 
operations of this new and dreadful war, for His own glory, the pros- 
perity of His own Zion, and the ultimate good of our country for this 
and all coming ages. — 1861, p. 464, N. S. 



872 DIRECTORY FOR WORSHIP, CHAP. XV. 

7. On account of the profanation of the Sabbath. 

The Committee appointed to consider the measures proper to be adopted 
to promote the sanctification of the Sabbath made a report, which, 
being read and amended, was adopted, and is as follows, viz. : 

Resolved, That the second Thursday of November next be and it here- 
by is recommended to be observed as a day of fasting, humiliation and 
prayer on account of the sin which rests upon the Church and on the 
whole land by the profanation of the Sabbath ; and that it be given in 
charge to all Synods and Presbyteries in our connection, to take such 
order on this subject as may be most effectual in securing the observance 
of that day by the churches. —1 830, p. 302. 

8. For the conversion of the world. 

The Committee to whom was referred Overture No. 11, viz.: " On 
the appointment of a day of prayer for the conversion of the world," 
made the following report, which was unanimously adopted, viz. : 

It being understood that Christians and churches, both in this country 
and in Europe, have at different times desired the public designation of 
a day to be observed by all Christians throughout the world as a day of 
fasting and prayer for the outpouring of the Holy Spirit on the whole 
family of man, and this Assembly being deeply impressed with the 
importance and high privilege of such an observance, and feeling urged 
and encouraged to more importunate supplications in view of the recent 
revivals of religion in this land, as well as the signs of the present time 
in relation to the prospects of the Church in other nations, therefore, 

Resolved, That it be recommended to the ministers and churches under 
the supervision of the General Assembly of the Presbyterian Church in 
the United States, and of the churches in correspondence with the 
same, to observe the first Monday in January, 1833, as a day of fasting 
and prayer for the divine blessing on the ministry of the Gospel through- 
out the world, for the revival of religion in the whole of Christendom, 
and for the entire success of those benevolent enterprises which have 
for their object the world's conversion to God. 

Resolved, That other denominations of Christians in the United States, 
and the Christian Churches in all other countries, be, and they hereby are 
affectionately, and with Christian salutations, invited to concur in the 
observance of the day above specified. 

Resolved, That these resolutions be published with the signature of the 
Moderator and Clerk of the General Assembly for the information of 
such Synods, Assemblies, Associations, Conferences, Conventions and 
other ecclesiastical bodies as may choose to recommend the above observ- 
ance to the churches under their care. And may grace, mercy and 
peace be multiplied to all throughout the world who love our Lord Jesus 
Christ.— 1832, p. 365. 

[Note.— See also Minutes of 1833, pp. 397-399. It became thenceforth a custom for 
the Assembly to designate the first Monday in January of each year as a day of fast- 
ing and prayer for the conversion of the world, and to recommend the last Thursday 
in February as a day of prayer for colleges, theological seminaries and other institu- 
tions of learning. See Minutes, passim, and below, the Week of Prayer.] 

9. The Week of Prayer. The first entire week in January. 

a. On the appointment of a concert of prayer for the conversion of 
the world. 

This overture is based upon a proposal from the missionary brethren of 



OF FASTING AND THANKSGIVING. 873 

Northern India to observe the second Monday of January, 1860, and 
the succeeding week, as a season of special prayer all over the globe for 
the conversion of the world. This General Assembly cordially sympa- 
thize with the object contemplated, as it implies the desire that Christians 
everywhere may more directly regard the missionary and aggressive 
character of our faith, as it tends to call forth their affections toward 
each other, and toward a perishing world ; and especially as it recognizes 
the great truth of our dependence upon divine power for the success of 
the Gospel. 

We, therefore, recommend to the churches under our care to observe 
the time thus specified in such manner as the various Sessions or Presby- 
teries may direct. Adopted. — 1859, p. 532, O. S. 

[Note.— See also 1860, p. 21, 0. S. ; 1861, p. 335, 0. S. ; 1862, p. 620, 0. S ; and annu- 
ally to 1867.] 

b. In 1861, p. 469, the Assembly, N. S., appointed the first week in 
December "as a season of special prayer for the outpouring of the 
Spirit on our congregations, and in special religious services calculated to 
edify the saints and lead sinners to Christ." In 1862, p. 16, the Assem- 
bly recommends " that another week of prayer be observed during the 
coining ecclesiastical year; but that the time be changed so as to corre- 
spond with that recommended first by the Lodiana Mission — the first 
entire week in January. ' ' 

[Note.— See also 1863, p. 277, N. S. ; 1864, p. 432, N. S. ; annually thereafter to 
1869.] 

C. The observance of the first week of each new year, as a special 
season of united supplication throughout the Christian world, has already 
been attended and followed by results too grand to allow of a question as 
to its claims upon our churches. — 1872, p. 94. 

[Note. — Continuous until 1887. In 1888, p. 56. an overture was received urging a 
change of time for the observance of the Week of Prayer.] 

d. That it be considered inexpedient for the Assembly to recommend 
the observance of any special time as a Week of Prayer, inasmuch as 
the arrangements for such an observance have been, for years, practically 
under the direction of the Evangelical Alliance, and may safely and 
wisely be left to its further care. 

It is also recommended that, in furtherance of the aim set forth in 
this overture, the Stated Clerk be requested to communicate with the 
Evangelical Alliance in reference to a change of time for the Week of 
Prayer, and a thorough revision of the topics presented for consideration, 
giving special emphasis to the interests of Foreign Missions. — 1888, p. 
56; 1891, p. 182. 

e. Overture from the Presbytery of Carlisle, on the observance of a 
week of prayer. Kecommended, That in the observance of this special 
season of prayer, the General Assembly urge upon the churches the more 
general return in their observance to the original idea and early practice, 
so that the cause of world-wide missions may be specially brought to the 
mind and heart of the Church during this season of devotion. — 1893, 
p. 208. 

f. Overture from the Presbytery of St. Paul, concerning (1) a change 
of time in the date of the week of prayer. Recommended, That inas- 
much as the Assembly of 1891, after a full discussion, decided adversely, 
that no action at present be taken. (2) A stricter adherence to its 



874 DIRECTORY FOR WORSHIP, CHAP. XV. 

world-wide subject of missions. Recommended, That they be referred 
to the answer of this Assembly to overture of Presbytery of Carlisle. — 
1893, p. 209. 

10. Day of prayer for colleges, theological seminaries and other 
institutions of learning. 

The Standing Committee on Education, to which were referred overtures 
concerning the change in the time of the Day of Prayer for Schools and 
Colleges, report, recommending: 

That since our sister Churches have not made a change in the date of 
the Day of Prayer for Schools and Colleges, and we are therefore out of 
line with them and evangelical Churches, and are breaking the concert 
of prayer ; therefore, we return to the date of the day observed previous 
to the action of the Assembly of 1895, viz., the last Thursday of Janu- 
ary, and that this be appointed as our Day of Prayer for Schools and 
Colleges. In this report the Committee on Aid for Colleges and Acade- 
mies concurs. Adopted. — 1896, p. 46. 

11. Monthly concert of prayer for missions. 

a. Overture from the Presbytery of Philadelphia, asking the Assembly 
to name a day in each month for united prayer throughout our churches 
for the conversion of the world ; and, furthermore, that it be recom- 
mended that, on the first Sabbath of each month, one of the services, in 
whole or in part, be devoted to the consideration of this subject. 

The Committee recommended the following action : 

The attention of pastors and church Sessions is called to the great 
importance of maintaining regular services, with specific reference to the 
spread of the Gospel throughout the world. This General Assembly 
would express their earnest desire that the " Monthly Concert of Prayer 
for Missions ' ' be more generally observed by their churches, and they 
recommend that, in every congregation, the first devotional meeting of 
each month be given up to the consideration of the work of the Lord 
throughout the world, and to prayer for the world's conversion. 
Adopted.— 1879, p. 585; 1880, p. 51. 

b. Resolved, That this Assembly enjoins upon all our churches the 
continued and devout observance of the time-honored Monthly Concert 
of Prayer for Missions ; and earnestly urges upon the members of our 
Church to seek, by the careful study both of God's Word and the present 
condition of the heathen world, to know more of God's will and our 
duty in this matter ; and to pray earnestly that God would send forth 
laborers into His harvest; and that the Holy Spirit may be poured out 
on all nations; and that we and all God's people may be disposed and 
enabled freely to consecrate to the service of the Master, ourselves, our 
sons and daughters, and our worldly possessions. Adopted. — 1891, p. 
182. 

12. Children's Day. Special services to be held. 

The General Assembly hereby designates the second Sabbath of June 
as the Children's day, on which special services for the children shall be 
held, and the vital topics of the Christian nurture and the conversion of 
the young shall be pressed upon the thought of the entire congregation. 
—1883, p. 616. 

[Note.— See Minutes of each year and in this Digest, p. 370, and Directory for Wor- 
ship, Chap, vi, No. 13.] 



SECRET AND FAMILY WORSHIP. 875 

V. Public notice is to be given a convenient time before the clay of 
fasting or thanksgiving comes, that persons may so order their temporal 
affairs, that they may properly attend to the duties thereof. 

VI. There shall be public worship upon all such days; and let the 
prayers, psalms, portions of Scripture to be read, and sermons, be all in 
a special manner adapted to the occasion. 

VII. On fast days, let the minister point out the authority and provi- 
dences calling to the observation thereof; and let him spend a more than 
usual portion of time in solemn prayer, particular confession of sin, 
especially of the sins of the day and place, with their aggravations, 
which have brought down the judgments of heaven. And let the whole 
day be spent in deep humiliation and mourning before God. 

VIII. On days of thanksgiving, he is to give the like information 
respecting the authority and providences which call to the observance of 
them ; and to spend a more than usual part of the time in the giving of 
thanks, agreeably to the occasion, and in singing psalms or hymns of 
praise. 

It is the duty of people on these days to rejoice with holy gladness of 
heart; but let trembling be so joined with our mirth, that no excess or 
unbecoming levity be indulged. 



CHAPTER XVI. 
THE DIRECTORY FOR SECRET AXD FAMILY WORSHIP. 

I. Besides the public worship in congregations, it is the indispensable 
duty of each person, alone, in secret; and of every family, by itself, in 
private, to pray to, and worship God. 

II. Secret worship is most plainly enjoined by our Lord. In this duty 
every one, apart by himself, is to spend some time in prayer, reading 
the Scriptures, holy meditation, and serious self-examination. The many 
advantages arising from a conscientious discharge of these duties, are 
best known to those who are found in the faithful discharge of them. 

III. Family worship, which ought to be performed by every family, 
ordinarily morning and evening, consists in prayer, reading the Scriptures, 
and singing praises. 

IV. The head of the family, who is to lead in this service, ought to 
be careful that all the members of his household duly attend; and that 
none withdraw themselves unnecessarily from any part of family worship; 
and that all refrain from their common business while the Scriptures are 
read, and gravely attend to the same, no less than when prayer or praise 
is offered up. 



876 DIRECTORY FOR WORSHIP, CHAP. XVI. 

V. Let the heads of families be careful to instruct their children and 
servants in the principles of religion. Every proper opportunity ought to 
be embraced for such instruction. But we are of opinion, that the Sab- 
bath evenings, after public worship, should be sacredly preserved for this 
purpose. Therefore we highly disapprove of paying unnecessary private 
visits on the Lord's day; admitting strangers into the families, except 
when necessity or charity requires it; or any other practices, whatever 
plausible pretences may be offered in their favor, if they interfere with 
the above important and necessary duty. 

1. Duty of ministers to urge family religion. 

a. [As means] ' ' to revive the declining power of godliness, the Synod 
do earnestly recommend it to all our ministers and members to take 
particular care about ministerial visiting of families, and press family 
and secret worship, according to the Westminster Directory; and that 
they also recommend it to every Presbytery, at proper seasons to inquire 
concerning the diligence of each of their members in such particulars." 
Unanimously adopted. — 1733, p. 105. 

b. The Synod do not only renew the order, but earnestly obtest every 
of our brethren of the ministry, conscientiously and diligently to pursue 
the good design thereof. — 1734, p. 107. 

C. Let heads of families be careful to instruct their children and those 
committed to their care in the great principles of our holy religion. Let 
their morning and evening sacrifices be daily offered up in their families 
to God.— 1799, p. 178. 

d. Parents, train your children in the " nurture and admonition of 
the Lord ; your houses should be temples of the living God, in which 
should ascend to His mercy -seat the continual incense of your daily sacri- 
fices. Pious parents can most effectually preach to the hearts of their 
children by their affectionate precepts, and their holy example. Your 
instructions will best prepare them to receive benefit from the public 
ordinances of religion. And oh ! can you see these dearest portions of 
yourselves ready to perish, without earnestly reaching forth a hand to 
pluck them as brands from the burnings ?" — 1804, p. 316. 

e. We have observed with pain, that in some Presbyteries the duties 
of family religion, and of catechetical instruction, are neglected. Truly 
it is shameful in men, who call themselves by the name of Christ, not to 
honor Him before their families, by worshiping Him statedly. Every 
head of a family is responsible for all its members to God and his coun- 
try. How can he expect to fulfill his duty if he does not pray for and 
with them, and instruct them from the Word of God ? If he does not 
honor God, it cannot be expected his family will. And a Christian fam- 
ily living without family religion is a contradiction. It argues, on the 
part of such professors, an awful declension and a criminal dereliction of 
duty. — 1808, p. 402, and Minutes, passim. 

2. The evening of the Lord's day especially set apart for family 
training. The Standards need no change to fit them to the pres- 
ent times. 

The Committee on the Polity of the Church have had under considera- 
tion the following overture from the Presbytery of Genesee: 



SECRET AND FAMILY WORSHIP. 877 

Overture of the Presbytery of Genesee to the General Assembly 
meeting at Philadelphia, May 21, 1863: 

We petition for a revision of the Directory for Worship, with a view 
to the following points : 

1. To reclaim the Sabbath afternoon, or evening, expressly for family 
instruction, and to enforce the duty of parents. 

2. To give a constitutional recognition to the Sabbath- school, as a 
cherished instrumentality of the Church for the nurture of her own 
youth, and the evangelization of others ; and to provide that the time 
appropriated be ample, as esteeming this to be a cardinal means of grace. 

3. To restrict its assemblies, in all ordinary cases, to one part of the 
day, so as to avoid trenching upon the time appropriated to the para- 
mount duties of parents. 

4. To secure to the pastor, unequivocally, as the divinely appointed 
teacher of the lambs of the flock, the prerogative, and hold him to the 
responsibility, of presidency over the school, with provision for a vice- 
president or superintendent, to serve in the absence of the pastor. 

5. To recognize the church Session as invested with authority, and 
responsible for the details of the organization, the appointment and 
removal of teachers, and the whole government of the school. 

6. To provide for such a system of distinctive instruction as will secure 
to our youth a thorough training, not only in the doctrines of grace, but 
in the principles of order which the Scriptures set forth, and keep con- 
tinually before their minds the burden of baptismal obligations, and the 
value of covenant privileges, as sealed to the children of God's people. 

The Committee recommend, that the Assembly reply to the above 
overture as follows : 

The matters, in view of which the Presbytery of Genesee ask a revis- 
ion of the Directory for Worship, are mainly such that, according to 
our Constitution, it is already competent to every church to regulate them 
for itself, agreeably to its own view's of what will best promote its growth 
and spiritual welfare. 

The Directory for Worship expresses the opinion of the Church, that 
the evenings of the Lord's day, after public worship, should be sacredly 
reserved for the religious instruction of children by their parents (see 
Chap, xvi, Sec. v). 

The Sunday-school, like all the religious institutions and agencies of 
each individual church, is, and ought to be, under the watch and care of 
the Session ; and should be regarded, not as superseding, but as cooper- 
ating with, the entire system of pastoral instruction, the responsibilities of 
which it should not in any manner diminish. 

There is nothing in our Constitution which prescribes the number of 
public services to be held on the Lord's day, or which restrains any 
church from appropriating to the Sunday-school such a portion of the 
day as may seem to them desirable. 

The peculiar position of baptized children as members of the church, 
to be, as members, trained in all Christian virtues and duties, is so 
expressly set forth in our Standards, that no revision of them could 
present it with greater clearness, or in a more authoritative form (see 
Confession, Chap, xxv, Sec. ii; Larger Catechism, Ques. 166; Form of 
Government, Chap, ii, Sees, ii, iv; Book of Discipline, Chap, i, Sec. 
vi; Directory for Worship, Chap, x, Sees, i-iii). 

The Assembly, therefore, judge that no necessity demands the revision 



878 DIRECTORY FOR WORSHIP, CHAP. XVI. 

which is asked for, and simply recommend to the churches to conform 
their ideas and usages to our own Standards. — 1863, pp. 240, 241, N. S. 



ADDITIONS TO ACTS, DECISIONS, AND DELIVERANCES, 

1. Qualifications of voters for pastors, elders, and other officers. 

The report of the Special Committee on the Qualifications of Voters 
in the Election of Pastors, Elders and other Officers of Presbyterian 
Churches was adopted, as follows: 

The Committee on the Election of Pastors, Elders and other Officers 
of Presbyterian Churches appointed by the General Assembly of 1896, 
respectfully report as follows: 

The Committee was constituted by the subjoined action of the Assem- 
bly, viz. : 

Resolved, That all Overtures relating to the election of pastors, elders 
and officers of Presbyterian churches be referred to a Committee consist- 
ing of the Moderator, with the Stated and Permanent Clerks, to report 
to the next Assembly {Minutes, 1896, p. 129). 

Upon this subject the Committee draws attention, first, to the lan- 
guage of the Constitution, which reads, " in this election no person shall 
be entitled to vote who refuses to submit to the censures of the church, 
or who does not contribute his just proportion, according to his own 
engagement, or the rules of that congregation, to all its necessary 
expenses" (Form of Government, Chap, xvi, Sec. iv). 

This Constitutional Rule contains the following provisions affecting 
elections for pastors: 

1. The right of each congregation to make rules for the conduct of 
certain of its affairs, among these being rules as to the methods and 
extent of contributions by its members for necessary expenses. 

2. The qualifications of voters, indicated by the declaration that two 
classes of persons shall not be entitled to vote: (a) those who refuse to 
submit to the censures of the church, and (6) those who do not contrib- 
ute their just proportion to necessary expenses. 

This much being clear, the issue next arises as to the meaning of the 
word congregation in the Constitution. This term, in relation to pas- 
toral elections, has been decided by the General Assembly to include all 
persons associated together in a given organization for the worship of 
God, whether communicants in good standing or regular contributors to 
church expenses. The deliverances of the Assembly read: (a) "It is 
the judgment of the General Assembly that all members of the* church 
in full communion have the right to vote in the election of pastor in the 
congregation with which they are connected" (Minutes, G. A., 1879, 
p. 630). (6 ) " Members of a congregation, not communicants, who 
regularly contribute their due proportion of the necessary expenses of 
the church and congregation, have a right to vote in the election of a 
pastor" (Minutes, G. A., 1886, p. 48). These decisions are based not 
only on Form of Government, Chap, xvi, Sec. iv, but also on the 



ADDITIONS TO ACTS, DECISIONS, AND DELIVERANCES, 1897. 879 

phraseology of other parts of the Constitution. The word congrega- 
tion, as used in Chap, xiii, Sec. ii, Form of Government (the chapter 
dealing with the election of ruling elders and deacons), is, it is true, 
expressly limited to the members of the church, by the form of the 
question addressed to the congregation at the installation of elders and 
deacons, the opening words of which are, '* Do you, the members of 
this church, acknowledge and receive this brother as a ruling elder?" 
(Form of Government, Chap, xiii, Sec. iv). The form of this question 
determines the meaning of the word congregation in the elections of 
ruling elders and deacons. When we come, however, to the questions 
at the installation of a pastor, we find that the words used are the 
following, " Do you, the people of this congregation, continue to profess 

your readiness to receive Rev. , whom you have called to be your 

minister?" (Form of Government, Chap, xv, Sec. xiii). Further, 
throughout the section, the expression ' ' members of the church ' ' found 
in Chap, xiii is nowhere used, but instead the word " people " is con- 
stantly employed. This use of the term " people " can only mean that 
the congregation is taken as including both church members and con- 
tributors. 

This difference in the meaning of the word congregation, as between 
Chap, xiii and xv of the Form of Government, is emphasized by the 
usage of the Church, having since 1788 the force of law, by which the 
pastor of a congregation was and is recognized as the pastor of all 
persons connected therewith, either as communicants or as contributors. 
In connection with the installation of pastors, it is declared that " it is 
highly becoming that after the solemnity of the installation, at least the 
elders and those appointed to take care of the temporal affairs of that 
church, should come forward to their pastor and give him their right 
hand in token of cordial reception and affectionate regard" (Form of 
Government, Chap, xvi, Sec. vii). The persons ordinarily appointed in 
our churches to the care of the temporal concerns are the trustees, some 
of whom are not communicants, but whatever their relation to tta 
church, the minister of the congregation which they serve is recognized 
in the Constitution as their pastor. Further, the fact is important as 
bearing upon this subject that State legislation and the decisions of the 
civil courts, as they affect our Church, have been in harmony with the 
right of contributors as well as communicant members to vote in elections 
for pastors. Even a change in our Constitution, limiting voting for 
pastors to communicants, would not in some States avail to prevent pew- 
holders from having a voice in pastoral elections. 

The Committee, therefore, in view of the considerations named, recom- 
mend the General Assembly to pass the following resolutions, viz. : 

1. That it is the right of each one of our congregations, under the 
Constitution of the Church, to determine by rule the qualifications of 
non -communicants who are contributors to church expenses, as voters in 
the election of pastors. 

2. That all communicant members in good standing, of whatever age 
or sex, and, in addition, all non- communicants of full age who contribute 
regularly to church support, in accordance with the rules of the congre- 
gations, are qualified voters at meetings for the election of pastors. 

While no overture was referred to the Committee as to the election of 
other church officers than pastors, yet the terms of appointment warrant 
the members in reporting as to voters for elders, deacons and trustees. 



880 DIRECTORY FOR WORSHIP, CHAP. XVI. 

With reference to the election of elders and deacons, in view of the 
statements already made respecting the phraseology of Chap, xiii, Form 
of Government, it is recommended that the following resolution be 
adopted : 

Resolved, That only communicants in good standing are qualified 
voters at the election of ruling elders and deacons. 

With reference to the qualifications of voters at congregational meet- 
ings for the election of trustees, the Committee would respectfully report 
that this matter is in the control of the civil power, and that the quali- 
fications of voters as fixed by law vary in matters of detail in the several 
States and Territories. Ordinarily it is true that communicant members 
of the church and pew-holders who are of full age are qualified to vote 
for trustees. While, however, the General Assembly cannot interfere 
with the legislation adopted by the States in this matter, it is recom- 
mended, in view of the fact that in many States denominational law is 
regarded as controlling, that action be taken by the Assembly. The 
State regards religious societies and churches as voluntary associations 
and therefore entitled to make rules for their own internal government 
even in matters of property, and where congregations are associated as 
they are in the Presbyterian Church, regards the denomination as the 
unit. It is therefore recommended that this Assembly adopt the follow- 
ing resolution: 

Resolved, That the voters in the congregations under the care of this 
General Assembly, at elections for trustees or other persons to manage 
the temporal affairs, shall be the communicant members in good standing, 
and, in addition, such other persons as contribute by regular payments 
at stated periods to the support and necessary expenses of the congrega- 
tion in accordance with its rules; Provided, That nothing in this regula- 
tion shall be valid which contravenes the provisions of the laws of any 
of the States, of the United States, or of special church charters. 

The Committee also recommends the adoption of the following resolu- 
tions as essential to complete the rules for the proper management of 
elections of church officers: 

Resolved, That neither the presiding officers of church or congrega- 
tional meetings, nor the Sessions of churches, possess the power to 
deprive communicant members in good standing of their right to vote at 
meetings of the church or of the congregation, except by due process of 
law in accordance with the provisions of the Book of Discipline. 

Resolved, That the rolls of communicant members in good standing in 
the possession of the clerks of Sessions and the lists of regular contribu- 
tors in the possession of the secretary or treasurer of the Board of 
Trustees, shall be the authoritative lists of voters at church and con- 
gregational meetings. — 1897, pp. 136-139. 

• 2. Close of the ecclesiastical year. 

It is recommended that this declaration be made: The ecclesiastical 
year closes on the 31st day of March. Statistical reports for the sake of 
uniformity should be prepared upon that basis. Adopted. — 1897, 
p. 38. 

3. Annual Narrative of the State of Religion. 

[Note.— The Annual Narrative as printed on p. 175 of this Digest, was altered in 
some minor particulars by the General Assembly of 1897, p. 121, and can be had in 
its latest form on application to the Stated Clerk of the Assembly.] 



ADDITIONS TO ACTS, DECISIONS, AND DELIVERANCES. 881 

4. Reorganization of the Board of Home Missions. 

Resolved, 1. That the Board of Home Missions be directed to so reor- 
ganize its methods of administration that the executive work shall be 
placed in charge of one secretary, with whatever assistants may be 
necessary, and that he be accountable to the Board for its faithful and 
efficient management. 

Resolved, 2. That the Board be directed to make, at the beginning of 
each fiscal year, an estimate of the probable income for the ensuing year, 
by taking the average amount received from legacies, church offerings 
and all other sources, for a period of preceding years; and that the sum 
thus obtained shall be considered the available amount for the work of 
the Board during the ensuing year. 

Resolved, 3. That the policy of the Board shall be to avoid debt. 
Where debt has been unavoidably incurred, then allowance shall be made 
for the payment of the debt, as far as possible, during the ensuing year, 
out of the estimated receipts. — 1897, p. 56. 

5. Action as to legacies, etc., Board of Relief. 

Resolved, 1. That this General Assembly approves of the change the 
Board has made in By-Law, Art. iv, Sec. 5, and authorizes the Board 
to transfer to the Current Fund, unrestricted legacies, with which to pay 
its indebtedness and to meet special emergencies. 

Resolved, 2. That the Assembly approve the codified rules of the 
Board as found in the annual report on pp. 10, 11, 12 and 13. 

Resolved, 3. That our Presbyteries direct every church Session to 
appoint a Committee to take the subject of Ministerial Relief under its 
special charge, and to place upon this Committee representatives from 
all the organizations of the church, especially enlisting the cooperation 
of the women, and to see to it that the leaflets furnished by the Board 
are distributed in the church prior to the time of taking a collection for 
this cause, and that Sessions be instructed that their reasons will not be 
sustained by Presbytery, for not giving the people under their care a 
fair opportunity to contribute to this Board, unless their reasons are 
special and providential. — 1897, p. 24. 

6. Act relating to the reception and probation of ministers from other 

Churches. 

"When application is made by a minister of another Church for admis- 
sion to Presbytery. Presbytery shall inquire concerning his character, his 
educational and professional training, the fact of his ordination, his 
ministerial standing in the body to which he belongs, and the motives 
which lead him to apply for admission to Presbytery. If this inquiry 
shall prove satisfactory, Presbytery may place his name on its roll. All 
applicants from other bodies shall be required, previous to their enroll- 
ment, to give their assent, in a public session of Presbytery, to the first 
seven questions prescribed in the Form of Government for ordination ; 
but should the applicant not possess the same educational qualifications 
for ordination as those prescribed in our Standards, he shall not be en- 
rolled as a member of Presbytery until at least six months after his appli- 
cation shall have been presented to Presbytery. He may be permitted 
to labor, in the interval, within the bounds of Presbytery. — 1891, p. 177. 



INDEX 



Abandoning the ministry, 667 
Abandonment of a case, 733, 737, 738, 

739 
Abbott, a J., 736 

Ability of the unregenerate, 75, 77, 80 
Absence, of respondent, 720 

of records, 720, 736, 743, 779, 780, 
781 

from ordinances, 665, 666. 801 
Absentees, from judicatories. 170, 256, 
640 

from the trial of a cause, 665 

roll of, 665 
Accusations, caution in receiving, 638 
Accused, conference with, 635 

privileges of, 643, 644 

citation of, 151, 643, 644 

second citation, 643, 644 

counsel for. 643, 645, 720 

may appear by counsel, 720 

time lor appearance, 643 

trial in absence of, 645- 650 

suspension of, pending trial, 656 
Accuser in judicial cases, 635, 638, 639 
Adam, sin of. 71, 73. 283, 284 
Additions (1897), 878 881 
Address to President Washington, 294 
Adjournment, 267 
Administration, of Bapti>m, 845-849 

of the Lord's Supper, 849-854 
Admission, to sealing ordinances, 854- 
862 

examination on. 857, 858, 859, 860 

baptism on, 861 

no rebaptism, 106, 108 
Admonition, judicial, 657, 660, 804 

to the prosecutor, 638, 639 

to the judicatory, 269, R. 40 
Adopting Acts, the, "2-7 
Adoption, of, 83 
Adoption, of the Standards, 2, 8, 13 

mode of. 5 

required of all office-bearers, 8 
Adultery. 97-99, 633 
Advice of the Assembly, 692 
Advisory members, 181 
Affinity, degrees of, 96, 97 

elective, 178 
Age of discretion, 857 
Agency, of the Holy Spirit, 80 

moral. 77 
Aid for Colleges and Academies, 

Committee, 275 

Board, 396-400 



Alliance, of Reformed Churches, 307 

of Presbyterian Churches in India, 
156 
Almsgiving, 840-843 
Alternates, 170, 588 
Ambassador for Christ, 143 
Amendments to motions, 267, R. 20 
Amendments to the Standards, 12, 601- 
603 

list of, 12-14, 
Amusements, social, 607-615 
Andrews, Edward, 211 

Josiah B., 7i8 
Angel of the Church, 143 
Animals, cruelty to, 630, 631 
Anniversary Reunion Fund, 43 
Annual Narrative of the State of Re- 
ligion, 880 
Apocrypha, not authoritative, 65 
Apostles' Creed, 835 
Appeal, from the chair, 268, R. 36 
Appeal, judicial : 

of parties to complaint, 719, 723, 
805 

in cases without process, 664 

no second, 723 

defined, 720 

limited to judicial cases, 721 

bar to, 244 

original parties only mav, 721, 722, 
723 

who are original parties, 721, 722 

counsel in, 637, 654 

grounds of, 723 

entertained, 724, 725 

will not be entertained, 722, 723, 
725-728 

notice and reasons required, 729- 
731, 741, 742 

entry on minutes, 652 

proof of notice required, 730, 731 

time within which, 729, 730, 733, 
736 

where lodged, 729 

right to, lost by default, 734 

not lost by approval of minutes, 687 

deferred in absence of documents, 
735, 736, 743 

dismissed with privilege, 737 

abandonment of, 732 

continued on request, 737 

dismissed, 726, 727, 729, 730 

dismissed in error, 737 

remanded with instructions. 723 



884 



INDEX. 



Appeal, judicial: 

new trial on, 675 

new evidence, 675 

notice of, 741, 742 

effect of notice of, 738, 777, 779 

when in order, 741, 742 

sequence of, 782 

• directly to Assembly, 782, 783, 784 

failure to send up records, 779 

failure, censure for, 779 

and complaint consolidated, 720 

initiation of proceedings, 741-745 

when in order, 741-745 

order of proceedings, 741-752 

reading of records, omitted by con- 
sent, 744-746 

shall it be entertained, 741, 742, 
744-746, 752 

who may vote, 739, 740 

hearing the parties, 748, 749 

hearing the judicatories, 749, 750 

hearing, limit of time for, 748 -750 

taking final vote, 750 

the decision, 757-777 

the judgment, 651 

explanatory minute, 55, 742, 753 
Appellant, when to appear, 731-733 

may appear by counsel, 732, 733 

may not sit nor vote, 739 

rights of, 642, 655 
Appellants, Abbott, C. J., 736 

Andrews, Josiah B., 718 

Arthur, William, 645, 761 

Atwater, James, 762 

Baldwin, C. H., 737 

Bancroft, Addison, 758 

Barnes, Albert, 721 

Battelle, E. C, 732 

Bell, Benjamin, 729, 734 

Bell, Joseph E., 651, 761, 795 

Bergen, church of, 730 

Birch, Thomas L., 725 

Bloomington, church of, 636 

Bourne, George, 779, 782 

Boyd, Samuel, 757 

Bradford, Thomas, 775 

Bradshaw. Walter, 106, 758 

Breckinridge, Robert J., 698, 726 

Briggs, Charles A., 46-56, 637, 722, 
748, 763, 768, 783 

Brown, Guernsey G., 739 

Browning, M. J., 675, 693, 776 

Bushnell, Pope, 739, 779 

Campbell, W. W., 728 

Chamberlain, Hiram, 762 

Chambers, John W., 778 

Chavis, Jared M., 292, 783 

Connell, Joseph, 579, 757 

Cooper, J. A., 758 

Craighead, Thomas B., 80-83, 643, 
644, 730, 737-739, 761, 769, 771, 
777 

Cross, Andrew B., 741 

Davis, Henry, 732 

Davis, M., 733 

Davis, Thomas, 739 



Appellants, Dimmick, Francis M., 773 
Dobbins, Eobert B., 745, 746 
Donaldson, Heber, 781 
Drake, Charles D., 758 
Dull, Nannie J., 245 
Edgar, M., 703, 724 
Ellis, John W., 732 
Finley, Eobert S., et aL, 654, 740, 

766 
Fishback, George. 721, 730 
Fisher, James P., 716 
Frazer, Alexander, 665, 747, 757 
Frazer, W. J., 722 
Giles, Chloe G., 739 
Gordon, John, 759 
Gwinn, Andrew, 676, 759 
Hamilton, Duncan, 735 
Hamilton, James W., 695 
Hammond, H. H. et aL, 732 

Harney, , 750 

Harris, Anna B., 734 

Hawes. Newton, 732, 763 

Hill, Maria, 644 

Hindman, Francis, 674, 724 

Hotchkiss, G A., (.<J6 

Howard, Burt Estes, 752, 753 

Howe, S. Storrs, 728 

Hudson, Presbytery of, 569, 724 

Hummer, Michael, 725, 726 

Ketelmm. A. P., 548 

Lee, W. J., 740 

Lockwood, L. R., 676, 731, 757 

Lowrey, Samuel, 689, 743, 784 

McCalla, William L., 639 

McCauley, A. G., 729 

McElwee, William, e>44 

McLane, W. W., 783 

Martin John W.. 733 

Mifflinburgh, church of, 704 

Miller, John, 73, 747, 758 

Miller, Silas, 727, 758 

Omaha, Presbytery of, 723 

Onondaga, Presbytery of, 774 

Peacock, John, 780 

Peck, Harlan, 654 

Perkins, William. 765 

Philadelphia, Third Presbyterian 

church, 725, 757 
Philadelphia, Second Presbytery of, 

698, 725 
Pine Street church, 757 
Presbyterian Church U. S. A., 

637, 722, 743, 744, 752, 758 
Price, David, 164, 605, 696 
Rainey, James A., 692 
Ramsey, Jefferson, 741 
Rice, Matthew H., 784 
Rockefeller M. R., et ah, 727 
Rogers, J. H., 728 
Rollins, Dr. John, 774 
St. Clairsville, church of, 702 
St. Clairsville, Presbytery of, 702 
Salisbury, J. C, ei al., 752, 758 
See, Isaac M., 747, 758 
Severance, John F., 734 
Sheldon, George 99, 676 



INDEX. 



885 



Appellants, Shepherd, Smiley, 757 

Shields, James, 98 

Skinner, John, 765 

Skinner, Thomas H., 686, 721 

Smith, E. Bailey, 723. 727 

Smith, Henry P., 58-65, 722,744,758 

Snodgrass, Dr. James, 737 

Spillman, J. H., 643 

Spicer. Jabez, 6U4 

Tappan, Lewis, 782 

Taylor, James, 733 

Todd, John, 675, 735, 736, 767 

Troy, church of, 730 

Turbitt, John, 736 

Ward, John, 674, 676 

West. Nathaniel, 704, 729, 760 

Westfield, church of, 724 

White, William M., 784 

Wilson, Henry E., 724 

Wilson, Joshua L., et ah, 722 

Wilson, Samuel B., 733 

Worrell. T. F., 759, 773 

Yale, Charles, 729 
Appellate judicatory, jurisdiction of, 244 

must send up records. 779 

effect of its neglect, 692 
Appellee, 721 

death of, 721 
Approval, of minutes, effect of, 686, 687 

or disapproval of election, 420 
Apportionment of expenses, G. A., 600, 

601 
Ardent spirits. See Temperance. 
Art galleries, Sabbath, 812 
Arthur, William, 644, 645, 761 
Articles, subscription of, 3 
Ashmun Institute, 518 
Assembly. General, The, 259-524 
Assembling of the congregation. See 

Worship, public. 
Assembly Herald, 404-406 
Assent to Standards, declaration of, 3, 

533, 570 
Assessments, unconstitutional, 600 
Assistants to ministers. See Elders. 
Assurance of grace and salvatioD, 86 
Atlantic, Synod of, 691, 692 
Atonement of Christ, 76 
Atwater, James, 762 
A uburn Theological Seminary, 441-449 
Augusta church, Session of, 799 
Authority of Confession, 8 
Autographs of Scripture, 56 
Aydelotte, B. P., 686 

Baied. E. T. 640 

Baird, James H., 704 

Balch. Hezekiah, 71-73 

Baldwin, C. H., 737 

Bancroft, Addison, 703, 758, 761 

Baptism, of, 103-109 

Baptism, administration of, 845, 849 

who may baptize, 845 

only a minister, 845 

elders may not, 103 

subjects of, 107, 108, 634, 846, 848 



Baptism : 

of children of believers, 846, 847 

age of infancy, 845, 846 

of orphans of heathen parents, 108, 
846 

of servants, 103, 846 

of adults, 167 

of a "Friend," 859 

mode of, 107, 849 

formula of, 849 

by one deposed or suspended, 105 

by an impostor or profligate, 104 

by a Unitarian, 104, 846 

by a Roman Catholic, 105, 106, 107, 
846 

rebaptism, 106, 108 

essential to membership, 167 

instruction to parents, 847, 848 

discretion, as to place, 849 

neglect of, 848 

private, 849 
Baptized children, roll of, 175 

care of, 634, 635 854 

home training of, 855, 856 

included in letter, 175, 798 

relation to church, 634 

years of discretion, 857 
Barnes, Albert, 652, 694. 695, 721, 740, 

741 
Battelle, E. C, 732 
Beecher, W. H., 717, 768 
Behavior during divine service, 831 
Bell, Benjamin, 729, 734 
Bell, Joseph E.. 651, 761, 795 
Benediction, 333, 571, 572 
Beneficence, Systematic, Committee on, 

400 
Benevolence, disinterested, 71 

Committee, 275 
Bergen, church of. 730 
Betting and horse-racing, 615 
Bible, The, decisions affecting, 44-67 

translations of, 66 
Biddle University, 520. 521 
Bigamist, to be excluded, 93 
Bills and Overtures, Committee, 267, 
B. 11; 273, 274 

right to floor, 266, R. 11 
Birch, George W. F.. 710 
Birch, Thomas L., 202. 725 
Bird, Thompson, ft al. 712 
Bishops or pastors, 143 148 
Blackburn University, 501 
Blanks, filling of, 267, R. 17 
Blessing the people, 153 
Bloomington, church of, 636 
Boards of the Church. 340-400 

concurrent declarations concerning, 
340, 341 

regulations as to minutes and re- 
ports, 263, 264, 341 

as to the use of legacies, 341, 881 

trustees and salaries, 341 

may not judge ministers, 659 
Boards, qualifications of members, 264 

vacancies, 264 



886 



INDEX. 



Board of Aid for Colleges and Academies 
396-400 
constitution of, 396 
charter, 397-399 
Board of Church Erection, 372-387 
the organization, 372-374 
plan of management, 374 380 
acts of incorporation, 380-382 
plan and rules, of General Fund, 
382-385 
of Loan Fund, 385 
of Manse Fund, 386 
Board of Education, 351-362, 545, 553 
constitution of, 352-354 
charter of, 354-357 
rules for candidates, 357-362 
Board of Foreign Missions, 349-351 
organization of, 1870, 350 
charter of, 350. 351 
Board of Missions for Freed men, 393-396 
plan adopted, 1870, 393 
charter, 394. 395 
Board of Home Missions, 342-349 
history, 342 

as established at Reunion, 342, 343 
act of incorporation of. 343-346 
act for transfer of property, 346, 347 
principles and rules for work, 347, 

348 
as reorganized, 881 
Sustentation Scheme, 349 
Board of Publication and Sabbath-school 
Work. 362-372 
as organized, 1870, 362-366 
reorganized, 1887, 370-372 
charter of, 366 

Sabbath-school work of, 366-372 
Board of Relief, 387-393 
charter of 389 
rules of Board, 391 
action as to legacies. 881 
Book of Discipline : text of, and de- 
cis'ons. 
Chap. I. Of discipline : its nature, 
ends, and subjects, 
Sec. i, 604 
Sec. ii, 604-606 
Sec. iii, 606-631 
Sec. iv, 631-634 
Sec. v, 634, 635 
Chap. II. Of the parties in cases of 
process, 
Sec. vi. 635 
Sec. vii. 635 
Sec. viii, 635, 636 
Sec. ix. 636 
Sec. x. 636 
Sec. xi, 636, 637 
Sec. xii, 637, 638 
Sec. xiii, 638 
Sec. xiv, 639, 640 
Chap. III. Of charges and specifi- 
cations, 
Sec. xv, 640, 641 
Sec. xvi, 641 
Sec. xvii, 641 



Chap. IV. Of process: general rules 
pertaining to all cases, 

Sec. xviii, 642 

Sec. xix, 642, 643 

Sec. xx, 643 

Sec. xxi, 643-650 

Sec. xxii, 650, 651 

Sec. xxiii, 651, 652 

Sec. xxiv, 652-654 

Sec. xxv, 654 

Sec. xxvi. 654, 655 

Sec. xxvii, 655 

Sec. xxviii, 655 

Sec. xxix, 655, 656 

Sec. xxx, 656 

Sec. xxxi 656 

Sec. xxxii, 656, 657 
Chap. V. Special rules pertaining 
to cases before sessions, 

Sec. xxx iii, 657 

Sec. xx xiv, 657, 658 

Sec. xxxv, 658 
Chap. VI. General rules pertain- 
ing to the trial of a minister, 
elder, or deacon, 

Sec. xxxvi, 658 

Sec. xxxvii. 658-660 

Sec. xxxviii, 660 

Sec. xxxix, 660 

Sec. xl, 660, 661 

Sec. xli, 661 

Sec. xlii, 661 

Sec. xliii 661-663 

Sec. xliv, 663, 664 

Sec. xiv. 664 

Sec. xlvi, 664 
Chap. VII. Of cases without pro- 
cess. 

Sec. xlvii 664 

Sec. xlvii i. 665 

Sec. xlix, 665 

Sec. 1. 665 667 

Sec, li, 667 

Sec. Iii, 667 

Sec. liii, 667-669 
Chap. VIII, Of evidence, 

Sec. liv, 669 

Sec. Iv, 669 

Sec. lvi, 669 

Sec. Ivii, 670 

Sec. lviii, 670, 671 

Sec. lix, 672 

Sec. Ix, 672 

Sec. lxi, 672, 673 

Sec. lxii. 673 

Sec. lxiii, 673 

Sec. lxiv, 673 

Sec, lxv, 673 

Sec. lxvi, 673, 674 

Sec, lxvii, 674 

Sec. lxviii, 674 675 

Sec. lxix, 675-677 
Chap. IX. Of the ways in which a 
cause may be carried, 



INDEX. 



88? 



i. Of general review and control. 
678-668 
See. Lxxi. 678-681 
See. lxxii. 

1 Whether the proceed- 
ings are correct ly re- 
oarded, 681, 689 
0. Whether they have 
been eonstitv.: 
regular. 683-685 
[%. Whether they have 
been wise, equitable, and 
for :. f the 

Church, 6S0-688 
See. '.xx:.-. 
See. Lxxiv, I B8 
ix.w. 690 
See. ixxvi. 692 
ii. Of references. 693-697 
See. Ixxrii, 692, 693 

- t Ixxviij 69a 694 
See. ixxix. 694-696 
Sec. Ixxx. 696 
S< - 'xxxi. 69'^ 

b i j 
iii. Of eomplai: its, 97-790 
See. \xxz -713 

See. lxxxiv. 714-717 
See. lxxxv. 717 
See. ixxxvi, 717 
Bee Ixxxrii, 717 
Sec. lxxxviii. 717-719 
Si c lxxxix. 719 
See. xc. 719 
S( . sea, 719 

ten, 719. 700 

KCiii 700 
iv. Of appeals, 720-781] 

xeiv. 720-723 
S< xcv. 703-7C9 

xcvi. 709-781 
-739 
See. x. . ' -741 

- - icix, 741-777 

777-77! 
Si b. ci. 779-7-0 
782-785 
CV.a: X 

, 78 

781 ~-7 
. 787-790 

3 
Chap. XI. Of jurisdiction in cases 
of dismiss 

792,795 

exiii. 797 

XII. Of removals, and limi- 

- 
- - . - 

. •. - 901 

901, 809 



Sec. cxvr 
Chap. XIII. i ial commis- 

sions, 
See. cxviii. S03 
six, - 

3X3 

Chap. XIV. Of differences between 
jndi< 
Sei Bam, £05 
Sec oxxO 91 IS 
Set szxfij 905 
Book f I 1 - rion and amend- 

ment. 6. 13. 14 
Booth. Robert K.. 
Bourne. Geoige, 77m, 782 

, 715 
Boyd. Jehu. 1 
Boyd, Samuel, 757 
Bradfo: s, 712, 762, 775 

-haw. Walter, 106, 758 
See (. ommunion. 
Breckinridge, Eobert J , 698, 726 

756 75S, 803, 804 
rgs Charles A.. ~ ' ' 700. 748. 

749 76 6, 7--. 783 

Is, 715 720 

v Gr., 7, : 9 

675, 693, 7 76 

:. William, ri nJ , 767 

; .u£^. dran 770 

779 

Business, eondm: : 265, K. 4 
unfinished. 066. K. 13 

', E. IS 

Caledonia. Sess : 606 
Calhoun. William. 765 
Calkins, Iff. Hei 
Call pasta 



by v ': - - 565, 568 

how 

5 B 

yrosecnttd. "— 
only through Presbytery. 5 - 
Presbytery refuses to permit. 569 
acceptaiK si for installation, 

:' another F 
569 
Campbell, W. W 

..da, ministers. I i 
Candidates for the mix fefan ~ 

bv wha: o on 

' trial 

transfer. - 

examination as to character, 331, 

... 

mus: belong 1 son :erian 

church, 
liberal education requv 

where t: 

Presbyterial oversiC '-549 



888 



INDEX. 



Candidates, relation of, to Presbytery- 
receiving, 550, 552 
time of study for licensure, 555 
as to extraordinary cases, 556, 559 
rules as to, Board of Education, 
357-362 

Canonical Books, 44 

Canvass. Committee of, 602, 603 

Card playing and games of chance, 609, 
612, 616 

Carlisle, Presbytery of, 657, 764 

Carson, W. P., 578, 702 

Carter, John Pym, 714 

Cases, before Sessions, 657, 658 
without process, of, 664-669 
delay may be demanded, 664 
what the record must show, 664 
striking from the roll, 665, 669 
excommunication not without pro- 
cess, 665 
pending charges, effect of, 667 

Catechising, public, 153 

Catechism, standard copy of Shorter, 18 
Heidelberg, approved, 10 

Catechisms, adopted, 3, 6, 10 

integral parts of the Standards, 8 
instruction in, enjoined, 823, 826- 
829, 856 

Cathcart, Eobert, 713, 721 

Censure, not removed without evidence 
of repentance, 657 
proportionate to the offence, 604 
not without citation, 642 
without trial unconstitutional, 642 

643 
disproportionate, 759, 765 
of lower judicatories, 246-258, 685, 

686, 691, 718, 719, 781 
of private prosecutor, 639 
when unconstitutional, 683, 684 

Censures, church, infliction and removal 
of. 862-864 
inflicted by the Session, 657 

Certificate. See Dismission and Mar- 
riage. 

Chairman of committee, 266, K. 9 

Chamberlain, Hiram, 762 

Chambers, John W., 778 

Chaplains, 210 

Charge, at ordination, 571 
at installation, 577 

Charge, alleges but one offence, 640, 641 
must be in writing, 642 
must be specific, 770 
especially in case of heresy, 641 
process upon, 642-657 
proof of one or more specifications 

proves the charge, 670 
proven by one witness, 670, 671 
what must be of record, 652-654 
taking up charges, the entering of 
process, 187 

Charges, of, 640, 641 

Charges, in case of C. A. Briggs, D.D., 
47-53 
in case of H. P. Smith, D.D., 58-64 



Charters, of the Boards, etc. See Boards, 
and Theol. Seminaries. 

of churches, 122-125 

Trustees, Assembly, 334 
Chavis, Jared M., 292, 783 
Children, relation of, to the church, 634 

instruction of, 634, 855, 856 
Children's Day commended, 830, 874 
Christ the Mediator, of, 75 

righteousness of, 71 

active obedience of, 79 

inherited nature of, 73 
Christian liberty, 88 
Christians cannot live in habitual sin, 

80 
Church, Bethuel, Esq., 858 
Church, of the, 100, 101 (Conf.) 118-142 
(F.G.) 

spiritual society, 5 

catholic or universal, 100 

distinct from civil government, 5 

includes many denominations, 6, 92 

invisible, 100 

visible. 101 

unity of, 102, 118 

authority of, 117, 154 

spiritual character of, 111 

censures, of, 110 

officers of. See Officers. 

ordinances in. See Ordinances. 

government and judicatories, 154 
157 

relation of, to the State, 111, 154- 
156, 316 
Church, particular, defined, 118, 120,122 

mode of organization of, 118, 119, 
120, 217 

extinct, amenable to Presbytery, 
797 

collegiate, defined, 183 

confessions and creeds, 166 

covenants, local, 166 

membership, reception to, 166, 167 

withdrawal of a, 214 

imperfectly organized, 120 

dissolution of a, 215, 216 

property of. control of, 123-142 

trustees of a, 122-142 
Church registers, 174, 175 
Church Erection, Board of, 372- 387 

Committee, 275 
Churches in different Presbyteries, 184 
Citation, the beginning of process, 657, 
692 

how served, 643 

service must be ascertained, 643 

of accused, 151, 163, 643, 644 . 

of parties, 642 

of witnesses, 642 

refusal to obey, 643, 660 

second, when to be served, 643, 644 

when not necessary, 667 

of a congregation, 57t>, 577 

of a pastor, 575,-577 

of a judicatory, 692 

how attested, 642 



INDEX. 



889 



Civil, courts, decisions of not conclusive, 
605, 707 

magistrate, 4, 5, 92, 111, 154, 316 
Civil War, the, 294, 871 
Clapp, Theodore, 147 
Clark, T. B., 717 
Clerk, Stated, 269-271 

Permanent, 272 

Temporary, 188, 272 
Clerks, of, 585, 586 

not necessarily members, 586 

term of service discretionary, 586 

duties of, 585, 642, 673, 714, 729 

to form a complete roll, 266, R. 10 

to file all papers in order, 266, R. 
11 

to receive all overtures, etc., and 
hand to committee of B. and O., 
266, R. 11 
Cochran, John, 730 
Colmery, William W., 707 
College of New Jersey, agreement, 430- 

432 
Collins, Aaron C, 662 
Colored, members, 321 

candidates, 553 
Columbian Exposition, 818 
Commandments, Ten, 632 
Commission , General Assembly, form of, 
595 

irregularities and defects in, 596, 
597 

formal, required, 595 

in absence of, 589, 590 
Commission for taking testimony, 673 
Commission, judicial. See Judicial 

Commissions. 
Commissioners to the General Assem- 
bly, 588-601 

when appointed. 588, 589 

alternate. 588, 592, 594 

ratio of. 278. 595 

irregularity in appointing, 589 

attendance enjoined, 591 

expenses to be borne, 598 

excluded, pending action, 657 

expelled, 299 
Commissioners to prosecute a pastoral 

call, 569, 575 
Commissions, committee on, 260, 595 
Commit, motion to, 267, R. 18, 19 
Committee, how appointed, 266, R., 7. 

chairman of, 267, R. 9 

of judicial business, 269, R. 41 

of prosecution, 269, R. 42 

men, plan of union, 591 

of compromise, 713 
Committees of the Assembly : 

Aid for Colleges and Academies, 
275 

Benevolence, 275 

Bills and Overtures, 267, R. 11, 
273, 274 

Church Erection, 275 

Commissions, 260 

Correspondence, 275 



Committees of the Assembly : 

Education, 275 

Finance, 276 

Foreign Missions, 275 

Freedmen, 275 

Home Missions, 275 

Judicial, 269, R. 41 ; 275 

Leave of Absence, 276 

Mileage, 276 

Ministerial B 

Narrative, 2* 

Place of Next Meeting, 334 

Polity of the Church. 275 

Publication and Sabbath-school 
Work, 275 

Records of the Synods, 277 

Systematic Beneficence, 400 

Temperance, 276 

Theological Seminaries, 275 
Committees, special appointments, va- 
cancies, 264 
Common fame, not ground of process, 

635 
Communicant classes, 852 
Communicants as voters, 530, 531, 878- 

880 
Communion of saints, of the, 102, 
Communion, admission to. See Sealing 
Ordinances. 

occasional, 858 

wine, 628, 853 

bread, 853 

cups, individual, 853 

no new terms of, 631 

invitation, 851 
Complainant, 697 
Complainants : 

Baird, E. T., 640 

Baird, James H., 704 

Balch, Hezekiah, 71-73 

Bancroft, Addison, 703, 761 

Beecher, W. H., et aZ., 717, 768 

Birch, George W. F., 710 

Birch, Thomas L., 725 

Bird, Thompson, et ah, 712 

Bose, J. C, 715 

Bradford, Thomas, 712, 762 

Breed, David R., 756, 758 

Brown, Francis, 715, 720 

Bryant, William, etal., 767 

Calhoun, William, 765 

Campbell, AV. W., 729 

Carlisle, Presbytery of, 657, 764 

Carson, W. P., 578, 702 

Carter, John Pym, "*< 14 

Cathcart, Robert, tt a/., 713, 721 

Cincinnati, Seventh church, 764 

Clark, T. B.. 717 

Cochran, John, 730 

Colmery, W. W., 707 

Cooper, Thomas, 711 

Cornelison, Isaac A., 773, 774 

Cowan, Alexander M., 698, 712, 
773 

Craig, W. P., 755 

Craighead, Thomas B., 641-643, 769 



890 



INDEX. 



ComplaiDants : 

Crosby, Arthur, 638, 702 
Cross, Andrew B., 741 
Cummings, J. W., et al, 729 
Davidson, J. W., 639 
Davis, Henry, 732 
Dickinson, James, 734 
Dobbins, Robert B., 763 
Duffield. George 713, 732 
Drake, Charles D., ct al, 834, 835 
Eaton, chnrch of, 707 
Edgar, M., 569, 703 
Erskine, Ebenezer, 740 
Erwin, Wheeler, 734 
Farris, Robert P., et al, 703 
Fin ley, R. S., et ah, 740, 766 
Fisher, James P., 716 
Fletcher. Donald, 732 
Francis, John J., et al, 710 
Gilbert, E. W., et al., 712 
Gould, Samuel M , et al., 703, 714 
Graham, Edward, et al, 771 
Green, Ashbel, et al., 711 
Guild, William B., 651 
Guy, Alexander, 706 
Hamlin, T. S., etal., 671 
Harmon, Fisk, 714 
Hendrick, James P., etal., 710 
Hindman, Francis, 675, 724 
Hobbs, Benedict, 748 
Hopkins, D. C. 683 
Hotchkiss, G. A., 666 
Houston, Samuel, etal., 733 
Hynes, Thomas W., 711 
Irish Grove church, 766 
James, W. H., etal, 709 
Kern, Christian, 773 
Knox, Franklin, 769 
La Crosse, Presbytery of, 705, 715 
Ledyard, E. D., 785 
Lively, William M., 733 
McClure, David, 712 
McCook, John J., etal.. 715, 720 
Mclver, Colin, tt al, 698, 716 
Mack, John, et al., 640 
McQueen, Archibald, 663, 698, 

716 
Martin, J. W 7 ., 707, 733 
Means, John C , 707 
Metcalf, A. D., 721 
Mifflinburgh, church of, 704 
Monfort. J. G., et al., 782 
Nevin, Alfred, etal, 733 
Niccolls, S. J., et al., 706 
Oakland, church of, 704 
Onondaga, Presbytery of, 774 
Park church, Newark, 698 
Passaic, Presbytery of, 721, 748 
Perkins, William, et al. , 765 
Philadelphia, Fifth church, 774 
Pirez, Emanuel R., 769 
Presbytery of Philadelphia, 784 
Ramsey, Jefferson, et al. , 741 
Reformed Church in America, 776 
Robertson, J. D., 707 
Rockefeller, M. A., etal, 727 



Complainants : 

Rollins, Dr. John, 774 
Russell, James, 703, 781 
Saharanpur, Presbytery of, 760 
St. Clairsville, Presbytery of, 702 
St. Paul, First church of, 704 
Salisbury, J. C, et al, 752 
Sawyer, E. M., 733 
Shearer, F. E., 705, 771, 772 
Shepherd, Smiley, 781 
Skinner, Thomas H., 705, 706, 719, 

784. 785 
Smylie, James A., 633, 667, 772, 

740 
Strong, George P., 733 
Synod General Reformed Church, 

776 
Tate, Mclver, et al, 698, 716 
Turbitt, John, 712, 736 
Van Dyke, Joseph S., et al, 707 
Washington, O., Presbyterv of, 

711 
W T est, Nathaniel, 666, 705, 709, 

729, 768, 780, 784, 785 
Wheeler, Erwin, etal, 734 
Weightman, James W., et al, 781 
White, William P., 780 
W T oods, J. L., tt al, 705, 781 
Complaint, defined, 697 
who may complain. 697 
distinguished from appeal, 697 
same matter, appeal and complaint, 

698, 720 
should be consolidated, 720 
not allowed, 686, 698-700, 702- 

707 
subjects entertained, 711-713 
counsel, 654 
sustained, 717, 719 
dismissed, 671, 707, 709, 711, 714- 

717, 732, 733 
withdrawn, 706, 707, 709, 710, 

713, 714 
effect of withdrawal, 707 
written notice with reasons re- 
quired, 714-716 
when notice must be given, 714- 

717 
right to complain lost, 716, 732, 

733 
when lodged with Clerk, 717 
not in order, 705, 709, 710, 711, 

715, 716 
in cases non-judicial, the parties, 

719 
may stay execution, 717 
if in order, mode of procedure, 717, 

743-748 
who may not sit and vote in the 

case, 719 
either party may appeal, 719 
right not lost by approval of min- 
utes, 687 
to the Assembly direct, 785 
See Appeals, and Decisions. 
Concurrent declarations, 36 



INDEX. 



891 



Confession of Faith : text of, and de- 
cisions. 

Chap I. Of the Holy Scripture, 
Sees i ii, 44-65 
Sees, iii-x, 65-67 
Chap. II. Of God and of the Holy 
Trinity, 
Sees, i-iii, 67 
Chap. III. Of God's eternal de- 
cree. 
Sees, i-viii, 68, 69. 
Chap. IV. Of creation, 

Sees, i, ii, 69 
Chap. V. Of providence, 

Sees, i-vii, 69, 70 
Chap. VI. Of the fall of man, of 
sin, etc., 
Sees, i-vi, 70-74 
Chap. VII. Of God's covenant 
with man, 
Sees, i-vi, 74, 75 
Chap. VIII. Of Christ the Media- 
tor, 
Sees, i-viii, 75-77 
Chap. IX. Of free will, 

Sec. iv, 77 
Chap. X. Of effectual calling, 

Sees, i-iv, 77, 78 
Chap. XI. Of justification, 

Sees, i-vi, 78-83 
Chap. XII. Of adoption, 

Sec. i, 83 
Chap. XIII. Of sanctification, 

Sees, i-iii, 83 
Chap. XIV. Of saving faith, 

Sees, i-iii, 84 
Chap. XV. Of repentance unto 
life, 
Sees, i-vi, 84, 85 
Chap. XVI. Of good works, 

Sees, i-vii, 85, 86 
Chap. XVII. Of the perseverance 
of the saints, 
Sees, i-iii, 86 
Chap. XVIII. Of the assurance of 
grace and salvation, 
Sees, i iv, 86, 87 
Chap. XIX. Of the law of God, 

Sees, i-vii, 87, 88 
Chap. XX. Of Christian liberty, 
and liberty of conscience, 
Sees, i-iv, 88, 89 
Chap XXI. Of religious worship 
and the Sabbath day, 
Sees, i-viii, 89-91 
Chap. XXII. Of lawful oaths and 
vows, 
Sees, i-viii, 91, 92 
Chap. XXIII. Of the civil magis- 
trate, 
Sees, i-iv, 92, 93 
Chap. XXIV. Of marriage and 
divorce, 
Sec. i. 93-96 
Sees, ii-iv, 96, 97 
Sees, v, vi, 97-100 



Chap. XXIV. Of the Church, 
Sees, i-v, 100, 101 
Sec. vi, 101, 102 
Chap. XXVI. Of the communion 
of saints, 
Sees, i-iii, 102 
Chap. XXVII. Of the sacraments, 

Sees, i-v, 103 
Chap. XXVIII. Of Baptism, 
Sees, i, ii, 103-107 
Sees, iii, iv, 107, 108 
Sees, v-vii, 108, 109 
Chap. XXIV. Of the Lord's Sup- 
per, 
Sees, i-viii, 109, 110 
Chap. XXX. Of church censures, 

Sees, i-iv, 110, 111 
Chap. XXXI. Of synods and 
councils, 
Sees, i-iv, 111, 112 
Chap. XXXII. Of the state of 
man after death, and of the 
resurrection of the dead, 
Chap. XXXIII. Of the last judg- 
ment, 
Sees, i-iii, 113, 114 
The Creed, 114, 115 
Confession of Faith, the, 44-115 
adopted, 17*29, 2, 3, 4 ; 1788, 6 
mode of adopting, 5 
authority of, 7, 38 
how amended, 19, 601, 602 
Confession of guilt, 664 

sentence upon, 660, 661 
Congregation denned, 878, 879 
organization of, 118, 119, 120 
transfer of 220 
vacant, 148, 185, 588 
Congregational meetings, 124, 125 

records of, 678, 679 
Connell, Joseph, 579, 757 
Consanguinity, degree of, 96, 97 
Conscience, freedom of 116, 155 

liberty of, 88 
Consent of parties, 576, 652, 675 
Constitution, of the Church, 3 
adoption of, 3 
amendments to, 6 
publication of, 14-20 
publication and circulation of, 14-16 
Permanent Committee of Super- 
vision, 17 
new edition, 1891, 18-20 
title-page changed, 20 
proof-texts, 1794-1894, 21-26 
how amended, 602 
Constitutional principles, 155 
Constitutional rule, No. 1, 330 

No. 2, 331 
Contingent Fund, 598 
Continuance of cases, 733, 736, 737, 768, 

769 
Contributors to support of church, 564, 

565, 878-880 
Contumacious, submission of, 644 
exclusion of, 754 



892 



INDEX. 



Contumacy, 643, 657, 674, 770 

refusal to testify is, 674 

censure for, 644 

not charged on first citation, 644 

not to be hastily inferred, 643, 770 

rights of those charged with, 754,755 

suspension for, 657, 660 
Conversion, 80 81, 857 
Cooper, J. A., 758 
Cooper, Thomas, 711 
Copy, of proceedings, 642 

of charges, etc., 642 

of sentence, 655 
Cornelison, Isaac A., 773, 774 
Correction, of error, 689, 690 

of records, 680 
Correspondence, Committee, 275 
Correspondence, with foreign Churches, 
306 

Churches in America, 311 

only with ecclesiastical bodies, 325, 
630 
Corresponding members, of Presbytery, 
227, 228 

of Synod, 243 

of the Assembly, 277 
Counsel, for accused, 645, 654 

for the respondent, 654 

professional, not allowed, 654, 655 

must be a member of the judica- 
tory, 654 

may not vote, 654 
CovenaDt, God's, with man, of, 74, 75 

of grace, 74, 75 

of works, 74, 79 
Covenants, church, 166, 167 
Cowan, Alexander M., 698, 712, 773 
Craig, W. P., 755 

Craighead, Thomas B., 80-83, 641, 643, 

644, 730, 737-739, 761, 769, 771, 777 

Craven, E. R., v, vi, vii, 13, 17, 18, 20, 

24 
Creation of, 69 
Creed, the Apostles', 114 

authorized alterations, 114 
Critical exercise, 554 
Criticism, Higher, 45-56, 58-65 
Crosby, Arthur, 638, 702 
Cross, Andrew B., 741 
Cross, John, 575 
Cross-examination, 651 
Cruelty to animals, 630 
Cumberland Presbyterians, 105, 307 
Cummings, J. W., et al., 729 

Dancing, promiscuous, 607-609 

schools, 608 

social, 608, 612 
Danville Theological Seminary, 476- 

491 
Davidson, J. W., 639 
Davis, Henry, 732 
Davis, M., 733 
Davis, Thomas, 739 
Davis, William C, 79, 770 
Deaconesses, no authority for, 532 



Deacons, of, 151-153 
functions of, 152 
may be also elders, 152 
may serve the Lord's Table, 153, 

854 
control funds for the poor, 153 
may not sit in church courts, 153 
election of, 525, 529 
ordination of, 533, 534 
term of service, 535, 536, 541, 543 
may cease to act, 537 
resignation of, 538 
must be males, 525 
office perpetual, 535 
as trustees, 152 
Dead, burial of the, 869 
Death of appellee bars prosecution, 721 
Decision, judicial, 757-785 
reasons for, given, 780 
must be respected until set aside, 

685, 686, 689, 691, 754, 755 
may not be reversed on review o] 

records, 691 
or without assigning reason, 775 
confirms lower judicatory . 639, 640. 

644, 751, 752, 757, 758 
confirms in part, 763, 764 
reverses lower judicatory, 604, 605. 

651, 753, 759, 760-764, 774 
reverses in part, 763, 764 
restores the stains quo, 775 
annuls the act complained of, 759- 

762 
annuls the appeal, 740, 743 
sustains the lower judicatory, 743. 

753, 760-763, 766 
sustains, and reverses, 717, 763 
and orders hearing. 768 
sustains in part, 764, 774 
declares and decides the issue, 774 
sustains pro forma, 756, 762, 765 
remands, for new trial, 46, 763, 767, 
768, 772, 780 
with instructions, 653, 769, 771, 

772 
for reconsideration, 740, 741, 
753, 763, 767, 768 
revokes sentence. 765, 774 
explains intent of action, 776 
suspends in absence of records, 

720, 743 
dismisses, 698, 702, 703 
dismisses in absence of appellant, 

739 
gives leave to withraw, 706-711 
stay of execution, 717 
may not open a case settled, 773 
postpones in absence of records, 

781 
restores the censured, 762, 764, 765, 
774, 775, 779, 863 
Decisions of civil courts, 605, 707 
Declaration and Testimony, the, 683, 

712, 713, 790 
Decree, Eternal, 68 
Defendant. See Accused. 



INDEX. 



893 



Delegates to judicatories, expenses of, 
548 
Assembly appoints only to ecclesi- 
astical bodies, 325, 630 
Demission, of ministry, 211 
eldership, 535 
diaconate, 535 
Deposed minister, 662, 794 
standing of, 664 

name to be published, when, 663 
who may restore, 662 
if restored, to be reordained, 664 
condemned again only on new pro- 
cess, 774 
Deposition, from ministry, '661, 667, 
751 
by another denomination, 776, 777 
from office, 657 

and excommunication distinct, 207, 
657, 658 
Desecration of Sabbath, 808, 809 
Desertion, willful, ground of divorce, 

93 
Dickinson, James. 734 
Differences between judicatories, 805 
Digest, proposed, 1809, iii 

committee appointed, 1818, iii 
published, 1820, iii 
1850 (Webster), iii 
1856 (Baird), iii 
1859 (revision), iii 
1861 (Moore), iv 
1873 (Moore), iv 
1886 (Moore), iv 
1898 (Moore), v 
1898, Plan of, vi 
Dimmick, Francis M., 773 
Dieectoey for Worship : text of, and 
decisions. 
Chap. I. Of the sanctification of 
the Lord's day, 
Sec. i, 806-808 
Sec. ii, 808 821 
Sees, iii-v, 821 
Sec. vi, 821-831 
Chap. II. Of the assembling of the 
congregation and their be- 
havior during divine service, 
Sees, i, ii, 831 
Chap. III. Of the public reading 
of the holy scriptures, 
Sees, i, ii. 832, 833 
Sec. iii, 833-835 
Chap. IV. Of the singing of 
psalms, 
Sec. i, 835, 836 
Sec. ii, 836, 837 
Sees, iii, iv, 837, 838 
Chap. V. Of public prayer, 

Sees, i-iv, 838-840 
Chap. VI. Of the worship of God 
by offerings, 
Sees, i, ii, 840-843 
Sec. iii, 843 
Sec. iv, 843, 844 



Chap. VII. Of the preaching of 
the Word, 
Sec. i, 844 
Sec. ii, 844, 845 
Sees, iii-vi, 845 
Chap. VIII. Of the administration 
of Baptism, 
Sec. i, 845, 846 
Sees, ii, iii, 845, 847 
Sec. iv, 847-849 
Sec. v, 849 
Chap. IX. Of the administration 
of the Lord's Supper, 
Sec. i, 849, 850 
Sec. ii, 850 
Sec. iii, 850-854 
Sec. iv, 850-852 
Sec. v, 852-854 
Chap. X. Of admission to sealing 
ordinances, 
Sec. i. 854-857 
Sec. ii, 857 
Sec. iii, 857-860 
Sec. iv, 861-862 
Chap. XL Of the mode of inflict- 
ing and removing censures, 
Sees, i-iii, 862 
Sees, iv-vii, 863 
Sec. ™, 864 
Chap. XII. Of the solemnization 
of marriage, 
Sees, i-iv, 864 
Sees, v, vi, 865 
Sees, vii, viii, 866, 867 
Chap. XIII. Of the visitation of 
the sick, 
Sees, i-iii, 867 
Sees, iv-x, 868 
Chap. XIV. Of the burial of the 
dead, 
Sees, i, ii, 869 
Chap. XV. Of fasting and thanks- 
giving, 
Sees, i, ii, 869 
Sees, iii, iv, 870, 871. 
Sees, v-viii, 875 
Chap. XVI. Secret and family 
worship, 
Sees, i-v, 875, 878 
Directory for Worship adoption, 4, 
7, 14 
amended. 1884-86, 14 
Directory for secret and family wor- 
ship, 875-877 
Discipline, Book of. See Book of Dis- 
cipline. 
Discipline, its nature, ends, and sub- 
jects, 604-635 
reasons for must be given, 691 
subjection to, 859 
enjoined, 808 

of a minister, only by his own Pres- 
bytery. 658 
by Boards, not recognized, 659 
not subject to review, 773 
not subject of complaint, 702,703 



894 



INDEX. 



Discretion, of judicatories, 728, 729, 
757 

of Presbytery, 147, 192, 200, 202, 
205, 216, 220, 638 

of Session, 104, 106, 161, 169, 171, 
854, 857 

age of, 847. 857, 864 

years of, 857 

misuse of, is reviewable, 638. 702 
Dismission, letter of, 167, 169, 205, 540, 
666, 796-798 

sbould include baptized children, 
798 

effect of, 793, 795 

when it takes effect, 741, 795, 796 

must specify the church, 796 

who may grant, 796, 800, 801 

not by a standing committee, 201, 
796 

to join another denomination, 798 

of a suspended member, 799 

may be irregular but valid, 7{>9 

return of, 792 

should be acknowledged, 800-801 

of elders, 792 

of ministers, 794, 796, 801 

of licentiates, 796, 801 
Dissents and protests', of, 786-791 
Dissolution, of a church, 215-217 

of pastoral re'ation, 200, 575-580 

of Assembly, Formula, 334 
Distinctions of iace, color or language 

not allowed, 179 
Diversion of funds, 601 
Division on a vote, 268, E. 27 
Division of the Church in 1838, 31 
Divorce, for adultery, 97 

for cause oiher than, 98, 99 

desertion cause for, 93 
Dobbins, Kobt. B., 745, 746, 763 
Doctrinal, purity, letter on, 294 

errors, testimony against, 281-283 
Doctrine, deliverances on, 114 

explication of, 283-285 

action on, 1869, O.S., and protest, 
285 

answer to protest, 285-288 
Dodd, Luther, 687 
Documents, historical, 1-43 
Dogma no new definition of, 57 
Donald, Fletcher, 732 
Donaldson, He her, 781 
Drake, Charles D.. et al., 758, 834, 835 
Dubuque Theological Seminary, Ger- 
man, 510-512 
Due diligence, 735, 736 
Duffield, Geo., 713, 732 
Dull, Nannie J., 245 
Dueling, 617 



Eaton, church of, 707 
Ecclesiastical year, close of, 880 
Edgar, M., 569, 703, 724 
Education, Committee, 275 
Board, 351-362 



Education for the ministry. See Board 
of, 351-362 

liberal, required, 552, 554, 555 

in exceptional cases, 553, 557 
Effectual calling, of, 77 
Elders, ruling, of, 148-151 

must be male, 525 

office perpetual, 535 

assistants to minister, 148 

ministers may not be, 151, 527, 
528, 529 

rule only where elected, 149, 158 

rule in but one church, 149 

essential to the existence of a Pres- 
byterian church, 148 

may not administer sealing ordi- 
nances, 103, 151 

without charge, 149, 537, 595 

rights and duties of, 151, 587 

laying on of hands by, 149, 572 

electing and ordaining of, 524-543 

meeting to elect, called by the Ses- 
sion, £25, 526 

should the Session refuse, 526 

the pastor presides, 526 

election of, 148, 529, 532 

electors of, 5:W, 531, 878 

elder-elect, 159 

nonresident, 160 

ordination, necessary, 159, 534 
mode of, 533. 534 

installation of, 533 

reinstallation, on reelection, 534, 
535, 541, 542 
mode of, 535 

may cease to act 214, 537, 538, 539, 
540, 541 

to whom to resign, 538, 539 

how they may be removed, 537, 
538 

trial of, 158, 664 

term service of, 541, 542, 543 

a perpetual office, 535, 536 
Eldon's, Lord, ruling, 138 
Election, God's, to salvation, not on fore- 
sight, 68, 75 
Election and ordination of bishops or 
pastors, and evangelists, 561-575 

steps to be taken, 561-563 

who calls the meeting, 561, 562 

who presides, 563 

who are the electors, 563-565, 878- 
880 
authoritative list of, 565 

majority, rights of, 565 

the call. 565, 568, 569. See Call. 

ordination trials for, 569 

order of, 569-573 

form of, 571, 572 

part of elders in , 149, 572 

lay, invalid, 572 

sine tHulo, 574 

by a commission unconstitutional, 
192, 571 
Elections, deacons, 525, 878 

elders, 529 



INDEX. 



895 



Elections, ministers, 561, 878 
trustees, of Assembly, 338 
trustees of a church, 124, 880 
Elective affinity Presbyteries, 178 
Ellis, John W., 732 
Engineers, Sunday work, 813 
Entertainment, Committee on, 264 
Error, specifications of, 729 

corrected on proof, 689, 690 
See Records. 
Erskine, Ebenezer, 740 
Erwin, Wheeler, 734 
Evangelist, ordination as, 573 
functions of, 573, 575 
local, 330, 331, 557 
Evidence, of, 669-677. 

caution in receiving, 669 

kinds of, 670 

under oath and recorded, 672, 673, 

771 
taken by commission, 673 
new, 674-676 
new trial, 674-677 
records of judicatories are, 673 
filing of, 652 

See Testimony and Witnesses. 
Evil reports, spreading of, 635, 636 
Examination. See Admission, Candi- 
dates, Ministers. 
Exceptions, to proceedings, 654 
to records of Synods : 
Baltimore, 682 
California, 688 
Cincinnati, 681, 682, 683, 686, 

687 
Colorado, 681 
Geneva, 683 
Illinois, 682 
Illinois, North, 691 
Indiana, 683-691 
Kansas, 682 

Kentucky, 684, 685, 688, 697 
Michigan, 683 
Minnesota, 681 
Missouri, 685 
Onondaga, 691 
Pacific, 681, 684 
Pennsylvania, 681, 688 
Philadelphia, 682, 683 
Pittsburgh, 684 
Tennessee, 681, 682 
Utica, 697 
Wheeling, 691 
Exceptions must be recorded, 690, 691 
Excluding Act, 1837, 31 
Exclusion, from communion, 643 
from the judicatory, 656, 664 
of stenographer, 652 
of witnesses and parties, 651 
Excommunicated restored, 861 
Excommunication, 657, 863, 864 
form of, 863 
of one suspended, 660 
Exegesis, Latin., 554 
Explanatory minute, 55, 742, 753 
Explication of doctrines, 283-285 



Expounding the Scriptures, 153 
Expulsion of commissioner, 299 
Extinct, church, 797 
Presbytery, 203 

Faith, articles of, 3, 80, 84 
Fall of man, of, 70 

Family, instruction and training, 826, 
848, 856 
religion, 875-877 
Farris, Robert P., 703 
Fasting, duty of. 153, 869 
Fasting and thanksgiving, days of, 869- 

875 
Ferguson, William M., 299, 
Filing, objections, 650 

reasons for appeal, 714, 729 
Finance Committee, 276 

appropriations referred, 264 
Finley, Robert S., 654, 740, 766 
Fishback, George, 721, 730 
Fisher, James P., 716 
Fletcher, Donald, 732 
Francis, John J., et al., 710 
Frazer, Alexander, 665, 747, 757 
Frazer, W. J., 722 
Foreign ministers, 196 
Foreign Missions, Committee, 275 

Board, 349-351 
Foreknowledge, of God, 75 
Form of Government : text of, and 
decisions. 
Chap. I. Preliminary principles. 

Sees, i-viii, 116 
Chap. II. Of the Church. 
Sec. i, 118 
Sec. ii, 118 
Sec. iii, 118 
Sec. iv, 118-142 
Chap. III. Of the officers of the 
Church. 
Sec. i, 142 
Sec. ii, 143 
Chap. IV. Of bishops or pastors, 

143-148 
Chap. V. Of ruling elders, 148-151 
Chap. VI. Of deacons, 151-153 
Chap. VII. Of ordinances in a 

particular church, 153 
Chap. VIII. Of church government, 
and the several kinds of 
judicatories 
Sec. i, 154 
Sec. ii, 154-157 
Chap. IX. Of the church Session. 
Sec. i, 157-159 
Sec. ii, 159-161 
Sec. iii, 161,162 
Sec. iv, 162 
Sec v, 163 
Sec. vi, 163-173 
Sec. vii, 173 
Sec. viii, 173, 174 
Sec. ix, 174-176 



896 



INDEX. 



Chap. X. Of the Presbytery. 

Sec. i, 177 

Sec. ii, 177-183 

Sec. iii, 183 

Sec. iv, 183-185 

Sec. v, 185 

Sec. vi, 185 

Sec. vii, 185-190 

Sec viii, 190-224 

Sec. ix, 224, 225 

Sec. x, 225-227 

Sec. xi, 227 

Sec. xii, 227, 228 
Chap. XI. Of the Synod. 

Sec. i, 229-239 

Sec. ii, 239-243 

Sec. iii, 243-246 

Sec. iv, 243-246 

Sec v, 246 

Sec. vi, 246-259 
Chap. XII. Of the General As- 
sembly. 

Sec. i, 259-278 

Sec. ii, 278, 279 

Sec. iii, 279 

Sec. iv, 279-281 

Sec. v, 281-330 

Sec. vi, 330, 331 

Sec. vii, 331-333 

Sec. viii, 333-524 
Chap. XIII. Of electing and or- 
daining ruling elders and 
deacons. 

Sec. i, 524 

Sec. ii, 525-533 

Sees, iii-iv, 533 

Sec. v, 533-535 

Sec. vi, 535 537 

Sec vii, 537-541 

Sec. viii, 541-543 
Chap. XIV. Of licensing candi- 
dates or probationers to 
preach the Gospel. 

Sec. i, 543-545 

Sec. ii, 545-552 

Sec. iii, 552-554 

Sec. iv, 554, 555 

Sec. v, 555 

Sec. vi, 555-557 

Sec. vii, 557 

Sees, viii-x, 558 

Sec. xi, 559-561 
Chap. XV. Of the election and or- 
dination of bishops or pastors, 
and evangelists. 

Sec. i, 561-563 

Sec. ii-iii, 563 

Sec. iv, 563-565 

Sec. v, 565 

Sec. vi, 565-568 

Sec. vii, 568 

Sec. viii, 568 

Sec ix, 568, 569 

Sec. x, 569 

Sec. xi, 569, 570 

Sec. xii, 570, 571 



Sec xiv, 571-573 
Sec xv, 573-575 
Chap. XVI. Of translation, or re- 
moving a minister from one 
charge to another. 
Sec. i, 575 
Sec. ii, 575, 576 
Sec. iii, 576 
Sec. iv, 576 
Sees, v-vii, 576, 577 
Chap. XVII. Of resigning a pas- 
toral charge, 577-580 
Chap. XVIII. Of missions, 581-584 
Chap. XIX. Of Moderators. 
Sec. i, 584 
Sec. ii, 584, 585 
Sec. iii, 585 
Chap. XX. Of Clerks, 585, 586 
Chap. XXI. Of vacant congrega- 
tions assembling for public wor- 
ship, 587, 588 
Chap. XXII. Of commissioners to 
the General Assembly. 
Sec. i, 588-595 
Sec. ii, 595-598 
Sec. iii, 598-601 
Chap. XXIII. Of amendments. 
Sees, i, ii, 601 
Sees, iii-vi, 602 
Sec. vii, 602, 603 
Form of Government, the, adopted, and 
amended, 12 
amendments to, 12, 13 
Form, of ordination of elders and dea- 
cons, 533 
of ordination of ministers, 571, 572 
of licensure, 558 
of call, 565 
of installation, 577 
of oaths or affirmations, 672 
of administration of Baptism, 847 
of administration of the Lord's Sup- 
per, 849 854 
of suspension, 862 
of excommunication, 863 
of restoration, 863. 864 
of marriage, 866, 867 
Fraud, effect of, 166 
Free agency, 77 
Free Church of Scotland, 138 
Freedmen, .Committee, 275 

Board, 393-396 
Free will, 77 
Funerals, 869 

Gambling, 615, 616 

Games of chance, 612, 613 

Gazley, Sayres, 67 

General Assembly, of the, 259-524 

formation of, 260 

organization of, 260, 261 

time of meeting, 260 

place of meeting, 333 

standing orders and rules of, 262- 
265 



INDEX. 



897 



General Assembly, officers of, 269-273 

standing committees of, 273-277 

commissioners to, 278, 588-601 

quorum of, 279 

members of, corresponding, 277, 598 
advisory, 597 

dissolution, 333 

trustees of, 334 

adjourned meetings, 331 

powers of. See Powers. 

Lord's Supper, 262 
General Presbytery, 1706, 1 
General review and. control, 678-682 
General rules for judicatories, 265-269 
General rules of process, 642-657 
General Synod, 1717, 1, 2 
German Theological Seminaries, 

Dubuque, 510-512 

Newark. 512-516 
Gilbert, E. W., 712 
Giles, ChloeG., 739 
Glebe and parsonage, 565-567 
Glenn, Eobert. 202 
Gloucester, John, 553 
God, of, 67 

God's covenant with man, of, 75 
God's eternal decree, of, 68 
Good standing. See Dismission. 
Good works, of, 85 
Gordon, John, 759" 
Gospel Plan, Davis, 770 
Gould, Samuel M., 703, 714 
Graham. Edward, 771 
Green, Ashbel, 711 
Griffiths, John, 553 
Guild, William B., 654 
Guy, Alexander, 706 
Gwirm, Andrew, 676, 759 

Hamilton, Duncan, 735 
Hamilton, Jas. W., 695 
Hamlin, T. S., etal, 671 
Hammond, H. H., et al., 732 
Harker, Samuel, 75 
Harmon, Fisk. 714, 794 

Harney, , 750 

Harris, Anna B. , 734 

Haste, undue, judicial cases, 639, 643 

Hawes, Newton, 732, 763 

Heathen as witnesses, 669 

Heidelberg Catechism, 10 

Hendrick, James P , et al., 710 

Heresy, conviction of, not by inference, 

53. 81 
Heresy and schism, charge of, 661 
Hermon church, 703, 730, 761 
Higher Criticism, 45-56, 58-65 
Hill, Maria. 644 

Hindman, Francis, 674, 675, 724 ' 
Historical Documents, 1-43 
Hobbs, Benedict, 748 
Holy Spirit, agency of, 80, 81 
Home Missions, Committee, 275 

Board, 342-349 
Honorably retired ministers,rights of, 145 
annual stipend, 391 



Hopkins, D. C, 683 

Horse racing and betting, 615 

Hotchkiss, G. A., 666 

House of worship, control of, 123-126 

Houston, Samuel, et at., 733 

Howard, Burt Estes, 752-755 

Howe, S. S., 728 

Hudson, Presbytery of, 569, 724 

Hulbert, H. W., 464 

Hummer, Michael, 725. 726, 794 

Husband and wife, testimony of, 670 

Hymnal, 836, 837 

Hymns, singing of, 835-837 

Hynes, Thomas W., 711 

Ignoeance of Rules, 735, 736 
Imposition of hands, 149-1 51, 534, 698, 726 
Impostor, baptism by, 304 
Imputation, 71 
Incestuous marriages, 96, 97 
Incompetency, challenge for, 669 
Independent, Presbyterians, 10 

ministers, 212 
Index, 883-909 
India, Synod of, 157 
Individual prosecutor, 635 
Inerrancy of the Word of God, 45, 46 v 

57, 668 
Infanc y, age of, 845, 846 
Infants, baptism of See Baptism. 

salvation of, 72 
Informality, effect of, 188 

waiver of, 644, 645 
Inspiration of the Scriptures, 44-65 
Installation, of deacons, 533 

elders, 533, 541 

pastors, 576, 577 

insisted on. 568 

refused, 567 
Instruction of youth, 821, 822, 826, 829 
Instructions in iudicial cases, 80-83. 
653, 675, 712, 713, 717, 767, 769, 771, 
772, 783 
Insubordination censured, 684, 685 
Intemperance. See Temperance. 
Interested parties, 638, 669, 688, 719, 

739, 741 
Interlocutory meetings, 268, R. 39 

minutes of, 653, 772 
Interpretation, of Sec. 99, 749, 750 

of Sec. 100, 777 
In ihesi deliverances, 279, 280, 699-702, 

726 
In transitu, 795, 796 
Introduction, iii-vii 
Invalid acts, 104, 106, 189, 190 

legalized, 189, 190 
Investigation, demanded, 637, 638, 702 

discretionary, 638 
Irregular action, 684, 686, 691, 726, 764, 
765 

not necessarily invalid, 526, 534 

effect of, 683, 761, 762 
Irregular ministry, 859 
Irish Grove church, 766 
Irvine, D. W., 706 



o7 



898 



INDEX. 



James, W. H., 709 
Judgment, affirmed, 742 
entering of, 651 
reversed, 717, 742 
without process, subject to appeal, 

664 
in absence of accused, 645, 660 
on coufession, 660 
in appeals, 651 
Judgment, the last, of, 113 
Judicatories, neglect by, 692 
censure of, 718, 719 
extent of power, 645-650 
members of not voting, 267, R. 25 
conduct of, 268, R. 31-35 
order in speaking, 268, R. 29, 30 
may not sit on appeal, 739-741 
aggrieved, 268, R. 36 
may not vote on their own 
records, 688 
different kinds, 154 
citation of, 692 
minutes of, 652, 772 
private sessions of, 268, R. 38 
interlocutory sessious, 268, R. 39 
judicial sessions, 269, R. 40 
closing services, 269, R. 43 
Judicial authority, where lodged, 156 
Judicial case, to be without interrup- 
tion, 651 
suspended for records, 720, 780 
continued, 733 
referred by consent, 773 
referred by advice, 773 
vote in, 752, 772. See Instructions. 
Judicial commissions, 740, 752, 834, 835 
findings of. 753, 755, 756, 834, 835 
provisions for, 803-805 
members, number of, 803 
quorum of, 805 

what may be tried by, 707, 708, 803 
questions of law referred to, 803 
who may sit on, 805 
Judicial committee, duties of, 269, R. 
41 ; 742 
report of, 743, 744 
as a judicial commission, 752 
Judicial decision, not reversed on re- 
view, 691 
reversed, 719. See Decisions. 
Judicial trial, records must be sent, 
779-781 
may not order rehearing, except 
on new evidence, 675 
Jurisdiction, in cases of dismission, 791- 
797 
over suspended member, 166, 793 
over deposed minister, 794 
over suspended minister, 795 
Jurisdiction, original, 163, 164, 265, 
642, 683, 717 
defined, 141 
Presbytery, 190 
Synod, 244. 683. 797 
General Assembly, 279-281 
appellate, 244, 717 



Jurisdiction, of Session, 560, 791, 792 
effect of notice on, 761, 777, 778, 
804 
Justification, of, 78-83 

Kent, Chancellor, 331 
Kern, Christian, 773 
Ketchum, A. P., 548 
Kingdom of Christ, 100, 839 
Kirkpatrick, J., 652 
Knox, Franklin, 769 
Krieger, W. J., 550, 551 

LA Crosse, Presbytery of, 705, 715 
Lane Seminary, 461-468 

Committee on, 293 
Last judgment, the, 113 
Latin, exegesis, 554, 555 

language required, 554 
Law of God, of tbe, 87 
Law, questions of, submitted, 752, 756, 

803, 804 
Lay, preaching, 543, 544 

ordination, 193, 194, 572 
Laying on of bands, 534, 571, 572, 699 
Laying on the table, 267, R. 18, R. 21 
Leave of absence, 268, R. 37 

Committee, 276 
Leave to withdraw, judicial, 703, 706- 
711, 723, 726, 734, 783, 784, 

motions, 266, R. 15 
Lecture, as a part of trial, 554 
Ledyard, E. D., 785 
Lee, W. J., 740 
Legacies, 341, 897 
Letters, the pastoral, 293, 294 

of dismission, 169, 205, 540, 666, 
796-798. See Dismission. 
License, form of, 557, 558 

limit of, 191, 559 

to be recorded, 558 

for local evangelists, 557 

recall of, 559 
Licensing candidates. See Candidates. 
Licensure, in exceptional cases, 553, 
559, 560 

preaching without, 543 

of women forbidden, 544 

by other bodies, 545 

parts of trial for, 554 

power of Assembly in, 191 

certificate, 558 
Licentiates, are laymen, 560 

power of the Session over, 560, 561 
of Presbytery over, 191, 561 

suspended, how restored, 660 
Limitation of time, of process, 802 

when it may be plead, 802, 803 

for entering complaint or appeal, 
717, 729 

for a veto, 414 

of letters of dismission, 797 

of certifying standing, 800 

for new trial, 745, 748, 749 

of a license, 191, 559 

Assembly Committee*, 263 






INDEX. 



899 



Lincoln University, 516-519 

Litigious snirit, 638 

Liturgical forms not needed, 839 

Lively, William M., 733. 

Local evangelists, 330. 557 

Lockwood, L. R., 676, 731, 757 

Lord's Day, sanctification of, 806-831 

Lord's Supper, of the, 109 
administration of, 849 
order of administer: eg, 849-854 
Church members, 851 
when in a private house, 850 
the ignorant and scandalous, ex- 
cluded, 850 

Los Angeles, Presbytery of , 752-755 
First church of, 753, 754 
Westminster church of, 754 

Lotteries, 615, 616 

Louisville church case, 125-142 

Lowrey, Samuel, 689, 731 

Lynching of negroes, 617 

McCalla, William L., 168, 639, 746 

McCauley, A. G., 729 

McClure^ David, 712 

McCook, John .1. et a/., 715, 720 

McCormlck Theological Seminary, 491- 

501 
McCtme, W. C., 719 
McEhvee, Wm., 644 
Mclver, Colin, et al, 698, 716 
Mack, John, 640 
McKelvey, Alex., 724 
McLane, W. W., 783 
McPheeters, Dr. S. B., 220, 778 
McQueen, Archibald, 663, 698, 716 
Magistrate, civil, 92, 315 
Mails, Sabbath, 806-808, 816 
Manses, 567 

Manual of the General Assembly, 277 
Marriage, solemnization of, 864-867 

should be by lawful minister, 864 

by licentiate, 864 

in the Lord defined, 96, 864 

who may contract, 864, 865 

not within degrees of consanguin- 
ity, 96, 97, 864 

with a sister's daughter, 97 

witnesses to, 866 

formula of, 866, 867 

register of, 867 

publication ot purpose, 865 

unlawful, 93 96, 864 

clandestine, 865 

of minors, 864 

certificate, 866 
Marriage and divorce, 93-100 

deliverances on, 99 
Martin, John W.. 707, 733 
Means, John C, 707 
Members of the church, 118, 634, 854 

admission of, 119, 163, 166, 168, 
169, 857, 859, 860 

absent and unknown, 801, 802 

dismission of, 167, 797-801 

suspension of, 862 



Members of the Church, excommunica- 
tion of, 863 
restoration of, 863, 
who withdraw, 206, 212, 667, 668 
Members of a judicatory, 

not voting, motions, 267, E. 25 

judicial cases, 752, 772 
conduct of, 268, E. 28, 31, 33-35 
order in speaking, 268, E. 29 

aggrieved, 268, E. 36 
Memorial, 696 
Memorial Contribution, 43 
Memorialize, right to, 288-292 
Memorials, lodged with Clerk, 266, E. 11 

received, 291, 292 
Metcalf, A. D., 721 
Mileage, Committee, 276 

Fund, 598-600 
Middle State, the, 52 
Mifflinburg, church of, 704 
Miller, John, 73, 747, 758 
Miller, Justice, opinion by, 126 
MiUer, Silas, 727, 758 
Minister, translation of a, 575-577 
Ministerial, privileges, 209 

duties, neglect of, 207, 208 
Ministerial Relief, Board 387-393 

Committee, 275 
Ministers, are elders, 186 

ordination of. etc., 561-575 

installation of, 571, 572, 576, 577 

reception of, 194, 195, 196-199 

foreign, 196 

examination of, 204-206 

fiom other bodies, 4, 8, 10, 194, 
203, 798,' 881 

serving other churches, 212 

who withdraw, 206, 208, 211, 668 

without charge. 181, 209 

non-resident, 181, 183 

not members of church, 174 

not ruling elders, 528 

jurisdiction over, 183, 642, 659 

residence unknown, 668, 669 

urged to withdiaw, 45, 73, 668 

accused of an offence, 658-660 

suspended, 54, 64, 65, 206, 660, 698 

deposed, 206, 661, 662, 664 

excommunication, 660 

re>tored, 698 

cited to testify, 674 

strickeu from the ioll, 668 

may hold civil office ? 209 

in secular dllings, 208 

letters of dismission, 794, 796, 801 
Ministry, fundamental law of, 145 

support of, 566, 567 

demission of, 211 

restoration to, 663, 670, 671 

irregular, 859 
Minors as voters, 531 
Minutes of Judicatories, must be read, 
684, 686, 687 

no second approval of, 634 

may be in print, 258 

See Eecords. 



900 



INDEX. 



Minutes of Gen. Assembly, Reprint, vi 
Old School, vi 
New School, vi 
Annual, 269, 271 
Mission, ecclesiastical power of, 192 
Missionaries, 581 

not to organize churches without 
permission of Presbytery, 194, 575 
home. 581 
foreign, 180, 181 

Session may consist of, 158 
as ruling elders, 529 
Missions, of, 581-584 

have not ecclesiastical power, 659 
Mode of inflicting censures, 862-864 
Moderators, of, 584-586 

authority and duties of, 188, 584 
of church Sessions, 161-163, 173, 

563 
of Presbytery, 585 
of the Synod, 585 
of the General Assembly, 261, 585 
rules relating to, 261, 262, 265, 266 
vote of, 266 

Vice- Moderator, 265, E. 7 
Monfort, Joseph G. tt al., 782 
Monthly concert of prayer, 874 
Moore, Wm. E., i, iii-vii, 13, 18, 20 
Mormonism and polygamy, 93-96 
Motions, rules as to, 266, R. 14-16 ; 267, 
R. 17-22 
what debatable, 266, R. 14-16; 267, 

R. 17-19 
what not debatable, 267, R. 18, 21, 

22, 26 
withdrawal of, 266, R. 15 
Music, church, control of, 172, 837, 
838 
rights of Session over, 838 

Names of absentees to be recorded, 170, 
256, 681, 682 

Narrative, Committee, 276 

Narrative of State of Religion, 175, 224 

Neglect of duty, of ministers, 207, 208 
of lower judicatory, 692 

Nevin, Alfred, et ah, 733 

Newark Theological Seminary, German, 
512-516 

New Castle, Presbytery of, 305 

New evidence, 674, 675, 676 

New School Assembly, 31-43 

New sentence, 763, 764 

Newspapers, Sunday, 816 

New trial, 654, 674-676, 730, 731, 758, 
761, 763 

New Version, the, 832, 833 

Niccolls, S. J., et aL, 706 

Notice, of complaint, etc., 714, 715, 729- 
731 
evidence of required, 715, 716, 730 
of appeal, effect of, 777, 778 

Null and void, acts that are. See Void. 

Oakland, church of, 704 
Oath or affirmation, 91, 672 



Oath or affirmation, form of, 672 
authority for administering, 672 
testimony under, 673, 770, 771 
Oaths and vows, of, 91 
Obedience, the, of Christ, 79, 80 
Obligation of the Standards, 7 
Objections, filing of, 650 
Offence, denned, 606 

cases of, 606-626, 808-814 
when not prosecuted, 635 
in presence of the judicatory, 664 
notice of, 659 
Offerings, 840-844 

Officers, of the Church, of the, 142, 143 
ordinary and perpetual, 143, 535, 

536 
character and qualifications of, 117 
of Assembly, 269-272 
Old School Assembly. 31-43 
Omaha, Presbytery of, 723 
Omaha Theological Seminary, 522-524 
Onondaga, Piesbyteiy of, 774 
Opera and theatre, 609, 613 
Order, points of, 266, R. 6; 267, R. 18 

call to, 268, R. 34, 35 
Ordinances in a paiticular church, 153 
willful absence from, 665, 666 
sealing, 854-862 
Ordination of bishops, etc., 561-575 
the act of Presbytery, 192-194, 572, 

573 
trials for, 569 
questions proposed, 570 
mode of, 570-572 
lay, invalid, 193, 572 
fraudulent, 193 
by commission, unconstitutional, 

192 
by foreign bodies, 192 
sine titulo, 193, 573-575 
part taken by ministers of other 

bodies, 573 
part of elders in, 149, 572, 699 
on the Sabbath, 570 
Ordination of elders and deacons, 524- 
543 
essential to judicial at ts, 534 
Ordination of evangelists, 573 
Ordination, valid, 194 

by other denominations, 194, 203, 
798, 881 
Organization, of the Church, 1 

of new churches, 119, 217, 218 
Original jurisdiction, 244, 245, 642, 683 
of Session, 642 
of Presbytery, 1 90, 642 
Original parties, 636, 637, 743 
who are, 721, 722 
must be heard , 748 
only, mav appeal, 721 
Original sin, 71, 73, 282, 284 
Overtures, Committee of, 266, R. 11, 
273 
from whom received, 288, 290-292 
how disposed of, 273, 274 
not received, 290 



INDEX. 



901 



Overtures, on Constitutional Rules, 330 
on Constitutional Rule No. 1, 330 
on Constitutional Rule No. 2, 331 
canvass of, 602 
limitations of time, 264 

Papers, received by Clerk, 266, R. 11 
not lodged in time, 733, 734 

Pardovan's Collections, authority of, 6 

Parents, duties of, 848, 856, 857, 876 
engagements of, 848 

Park church, Newark, 698 

Parole testimony, 670, 743 

Parsonage?, 566, 567 

Parties in cases of process, 635-641 
copies of proceedings for, 655 

Passaic, Presbytery of, 721, 748 

Pastoral charge, constitution of, 576 
resignation of, 577-580 

Pastoral care of baptized, 634, 855 

Pastoral letters : 

on missions, 293 

on French War, 293 

on repeal of Stamp Act, 293 

on Revolutionary War, 294 

on French Revolution, 294 

on disturbances in Kentucky, 294 

on Sabbath, 294 

on Christian activity, 294 

on prevalent vices, 294 

on revivals and their abuses, 294 

on doctrinal purity, 294 

on revivals, 294 

on repairing the wastes of the Civil 

War, 294 
on observance of the Sabbath, 294 
on Sabbath-Schools, 824 
on the Civil War, 294 

Pastoral relation, 143-146 
enjoined, 144 
dissolved, 577, 57H, 579, 580, 702, 

718 
when terminated, 578, 804 
effect of complaint on, 717, 718 
to be permanent, 145 
insisted on, 147 

Pastor elect, 146, 147, 161 
status of, 568 

installation of,required, 568 
immediate installation, 146 
acceptance of call, 146 
readiness for installation, 146 
approval of Presbytery, 146 
prerequisites of title " P. E.," 146 
as Moderator of Session, 162 
as stated supply, 162 

Pastors or bishops, 143-145 

are members of Session, 157, 159 
necessary to a quorum, 159, 160 
Moderator of Session, 161 
Moderator of meeting to elect eld- 
ers, etc., 526 
election of, 561-575 
who may vote, 563-565, 878-880 
list of voters, 565, 880 
majority necessary, 563 



Pastors, translation of, 575-577 
installation of, 199, 200 
removal of, 200, 220, 575 
support of, 565, 566, 567 
Peacock, John, 780 
Peck, Harlan, 654 
Penitence, evidence of, required, 764, 

768 
Perkins, William, 765 
Permanent Clerk, 272 
Perseverance of the saints 86 
Personal, attendance, 650, 731 
injury, prosecutor, 635, 641 
reflections, 268, R. 28 
Petition, right to, 288, 292 
Philadelphia, Third church, 725, 757 
Philadelphia, Fifth church, 774 
Philadelphia, Second Presbytery of, 

698, 725 
Phraseology of overtures, 263 
Pine Street church, St. Louis, 757 
Pirez, Emanuel R., 769 
! Place of Next Meeting, Committee, 334 
Plan of Reunion, 1869, 35 
Plan of Union, 1758, 27-30 
Plea on trial, 650 
Pleadings on trial, 650, 741, 742 
limit of time for, 746, 748 
documents not read, used, 746, 747 
speakers, alternately, 749, 268, R. 29 
hearing the parties, 748, 749 
hearing members of appellate ju- 
dicatories, 749 
Political parties and licenses, 628 
Polity of the Church, Committee, 275 
Polygamists, baptism of, 280, 860 
Polygamy and Mor monism, 93-96 
Poor, funds for, control of, 153 
Popular amusements, 609-611, 613 
Popular education, 294-297 
Popular meetings, 263 
Postmasters, Sunday work, 858 
Postponement, indefinite, 267, R. 24 
of trial, 733, 735. 743, 780. 781 
members may speak on, 740 
Posture in prayer, 831 
Power, church, force of, 117, 154, 645- 

650 
Powers of the General Assemb'y, 279- 
603 
over Synods, 229-239. 299, 679 
over Presbyteries, 300-302 
to visit Presbyteries, 292, 293 
to define succession of Presbyteries, 

305 
to dissolve Presbyteries. 303 
to transfer churches, 303, 304 
to receive foreign churches, 304, 

305 
to correspond with foreign churches, 

306, 311-313 
to transfer ministers, 304 
over pastoral relations, 580, 724 
over its own members, 298, 299 
to decide questions of doctrine and 
discipline, 281, 677-785 



902 



INDEX. 



Powers of the General Assembly : 

to receive petitions, memorials, 

etc., 288 
to determine lawful judicatories, 

326-328, 330 
to propose Constitutional Rules, 330 
over Trustees, 334 
over Boards, 340 
over Theological Seminaries, 406- 

525 
to propose amendments, 601-603 
to declare their adoption, 602 
to pass on validity of elections, 327- 

330, 595-597 
to advise and instruct, 279 
to review all proceedings, 279, 678- 
688 
except as limited, 243, 677 
to send missions, 581-584 
over Mileage Fund, 601 
Powers of the Synod : 

to become a delegated body, 229 
over Presbyteries, 220, 229, 243-245 
over churches, 245 
over Sessions, 245 
over pastoral relation, 200, 245, 579 
to review records, 243 
of appellate jurisdiction, 244 
in discipline, 243-246 
over Sy nodical Home Missions, 583 
Powers of the Presbytery : 

to review the records of Sessions, 173 

over Sessions, 688, 766 

over pastoral relation, 190, 200, 

220, 580. 804 
over unemployed ministers, 222, 

223 
to ordain ministers, 192-194, 561- 

575 
to receive ministers, 194-199, 202- 

204 
to refuse to receive ministers, 202 
to install, 199 
to refuse to install, 200 
to remove ministers. 200, 201, 575- 

580, 704 
to remove censure, 662 
to judge ministers, 201, 202, 204, 

205 
to examine ministers, 205 
to restore a minister, deposed or 

withdrawn, 206, 207 
over licentiates, 191 
over candidates, 190 
to examine and license candidates, 

191, 543-561 
to recall license, 559 
over vacant churches, 222, 584 
over extinct churches, 797 
to organize churches, 217, 218 
to unite churches, 220 
to divide churches, 219, 753, 754, 

804 
to dissolve churches, 215, 217, 761 
to visit churches, 213, 220, 222 
over location of churches, 219 



Powers of Presbytery : 

over missions, 581-584 

to receive and issue appeals, etc., 

190 
to notify of offence, 658, 659 
to issue a case, 797 
to take testimony, 660 
to review church records, 213 
to try elders, 151 
to remove elders, 537, 538 
to elect commissioners, 229, 588 
Powers of the Session : 

in receiving members, 166-169, 797, 

800, 859. 860, 798 
in excluding members, 657, 664, 

665, 667, 862-864 
in restoring members, 862, 864 
in dismissing members, 797-800 
over members dismissed, 791-793 
over members suspended, 1H6, 793 
over absent members, 792, 793 
over licentiates, 560 
over collections, 169 
over Sabbath-schools, 824, 827-829 
over house of worship, 123-126, 142 
over church music, 172, 837, 838 
over the worship of the church, 

163-173 
oversight of church members, 164, 

168, 169 
oversight of Young People's Socie- 
ties. 164-166 
to admit to sealing ordinances, 857, 

861 
in election of pastors, 561-563 
in election of elders, 525, 526 
to exercise original jurisdiction, 

164 
to take testimony, 154, 669, 672- 

674 
to call witnesses, 673, 674 
to appoint delegates, 171 
Prayer, public, 838-840 

in the Session, 160, 161, 265 
in the Presbyterv, 227, 265, 269, 681 
in the Synod, 246, 265, 269, 681 
in the General Assembly, 265, R. 1, 

333, 334 
in public worship, 838-840 
liturgical forms, 839 
book of forms, 840 
in secret, 875 
in the family, 876-878 
posture in, 831 
Prayer, days of, 869, 874, 875 

week of. 872, 873 
Preaching the Word, 844, 845 
without license, 543, 544 
reading sermons, 844 
expository, 844 
method of, 845 
Preface, iii-vii 
Preliminary principles of government, 

116, 117 
Presbyterian Alliance, 307-310 
in India, 156, 157 



INDEX. 



903 



Presbyterian Church, U.S., 312-325 

U. S. A., 636, 722, 743, 744, 752, 
758 

U. S. recognized, 312 

correspondence, 313, 325 

cooperation, 318-325 
Presbyterian House, trustees of, 337- 

338 
Presbyterian Woman's Temperance As- 
sociation, 626 
Presbytery, the, of, 177-228 

how constituted, 177, 178 

bounds of, 179 

quorum of, 185-190 

meetings of, 225 

members of, 177 181 

special meeting of, 225-227 

extinct, 203 

missionary, 179, 180, 588 

powers of. See Powers. 

prayer at, 227 

sermon at, 227 

corresponding members of, 227 

acts of, subject to appeal or com- 
plaint, 804 
how voidable, 189 

dissolution of, 178 
Presbytery, the General, 1 
Presbytery of New York, instructions 
to/5i6 

of Philadelphia, 784 
Previous question, 267, E. 18, E. 22 
Price, David, 164, 605, 696 
Princeton Theological Seminary. See 

Theological Seminaries. 
Princeton University. See College of 

New Jersey. 
Principals and alternates, 1 70, 592-594 
Private sessions, 268, E. 38, 651, 656 
Process, general rules, 642-657 

what are objects of, 631 

in case of church officers, 658-664 

cases without. 664-669 

delay in, 635 

parties in cases of, 635-640 

commencement of, 164, 642 

arrested by appeal, 777-779 

directed by judicatory, 223, 636, 642 
Profession of religion, public, 168 
Professional counsel excluded, 655 
Pro forma decisions, 640, 708, 756, 762, 

765 
Progressive euchre, 612, 613 
Prohibitory laws, 624. 625 
Proof-texts to the Standards, 15, 21-26 
Property, questions as to, 215, 777 
Proportional giving, 842, 843 
Pro re nata meetings, 226, 227, 240, 241 
Prosecution, by injured party, 635, 641 

by a judicatory, 635-637, 657, 664, 
692 

when it shall commence, 802, 803 

Committee of, 269, E. 42; 636, 637, 
743, 744 
rights of, 637, 722 

bar to, 721, 802 



Prosecutor, public, the Presbyterian 

Church, 636 
Prosecutor, private, the injured party, 
635 

warning to, 639 

admonition to, 638 

may testify, 669 
Protestant succession, 4 
Protests and dissents, 786 791 

who may enter, 28, 786 

when to be entered, 786 

must not argue case, 786 

must be respectful, 788 

only by members of the body, 791 

when recorded, 787, 789, 790 

refusal to record, 788 

answer to, 57, 790 

no answer to, 790 

cases of, 301, 628, 786, 787-790 

installment in face o f , 724 
Providence, of, 69 
Psalms, singing, 835-838 

early action on, 835 

Hymnal (1866), 836 

New Hymnal (1896), 837 
Public, profession of religion, 168 

schools, 296 
Public reading, of the Scriptures, 832- 
835 

of the Eevised Yers ; on, 832-835 
Publication, Board of, 1870, 362 

Committee of, 362, 365 
Publication and Sabbath-school Work, 
Committee, 275 

Board, 362-372 
Publication of Constitution, 14 
Publications, erroneous and injurious, 

156 
Pulpit, when vacant, 577, 663 
Purity in literature and art, 630 



Questions, at ordinatim, elders and 
deacons, 533 

at licensure, candidates, 557 

at ordination, ministers, 570, 571 

at installation, 570, 576, 577 

of order or evidence, 267, E. 18; 
655, 673 

of law, 654, 656, 657 

to witnesses, 672, 673 

leading, 672 

when to be recorded, 673 

Ire then. See In thesi. 
Quorum, Session, 159, 160 

Presbytery, 185-190 

Synod, 239 

Assembly, 279 

necessary, 265, E. 1, 2, 186 

law of a, 187 

less than, may adjourn, 187 

Eaixey, James A., 692 
Eamsey, Jefferson, 741 
Eatio of Commissioners, 278,595 
Eeason, authority of, 47 sg. } 55, 56 



904 



INDEX. 



Seasons must be given, for complaint, 
714 
for appeal, 729 
for decisions, 653, 780 
Rebuke, judicial, 650, 677 
Rebuttal, evidence in, 651 
Reception of members, 163, 166-169, 

797, 859, 861 
Reconsideration of a vote, 267, R. 23 
Record, of the case, 652, 654, 655, 746 
of investigation, 637 
of testimony, 673 

special, of all judicial decisions, 251 
Record, of judicatories, 173, 213, 224, 
246, 251 
are public documents, 655 
copies of, accepted, 681, 747 
may be in print, 224, 258, 681 
how authenticated, 673 
taken as evidence, 673 
review of, 678, 679-681, 683, 685, 

705 
who may vote on, 686, 688 
alteration of, 173 
how corrected, 680 
effect of approval of, 687 
what they must show : 

opening and closing with 

prayer, 246, 252 
all proceedings of the church, 

173, 224, 246-259 
acts of the congregation, 678 
reasons for decisions, 246, 247, 

780 
reasons for appeal, 729, 748 
reasons for judicial action, 247, 

684 
subject matter of complaints, 

247, 250, 253 
all papers adopted, 246, 248, 

253-255, 682 
charges and specifications, 640, 

641 
attestation by Clerk, 257 
all changes, 256 
whatever influenced the judica- 
tory, 247, 252, 653, 654 
complete roll, 248, 256 
that the minutes were approv- 
ed, 252, 254, 257 
exceptions to records, 253, 254, 

688 
description of judicial cases, 

249, 250, 253, 682 
members present or absent, 248 
that due notice was given, 253 
narrative, state of religion, 224, 

254, 255, 682 
cases acted on, and disposal of 

them, 682 
report of Judicial Committee, 

653 
censures inflicted , 682 
if required, must show : 

yeas and nays, 267, R. 26; 268, 
R. 27 



Records, if required, must show : 

decisions on order or evidence, 

655 
questions and answer on trial, 
673 

to be sent up, 246, 652, 678, 
679, 696, 714, 719, 729 

as evidence, 585, 586, 673 

absence of, 734-736, 743, 779-782 

Synod censured for absence of, 781 
Records, of Presbyterian Church, vi, 1 

of the Synods, Committee, 277 
Recreation, Christian, 609-611 
References, of, 190, 279, 677, 692-697 

defined, 692 

to the next higher judicatorj T , 693, 
69J, 696 

when proper, 693, 694, 696 

effect of, 693-695 

cases of, 201, 693, 694, 697 

jurisdiction abandoned by, 695 

who may vote on, 696 

memorial treated as reference, 696 

transmission of record, 696 

testimony, how attested, 696 
Reformed Church in America, 776 
Reformed Churches, 305, 312, 760, 776 

Alliance of, 307-310 
Regeneration, 177 
Register, church, 174 

of marriages, 1 74, 867 
Reinstatement of case, 731 
Relief Fund. See Board of Relief. 
Religious worship and the Sabbath, 89- 

91 
Removals, and limitations of time, of, 

797-803 
Reordination, 194, 664 
Repentance, unto life, 84-85 

evidence of, required, 657, 661, 662, 
Representation in judicatories, 170 
Reserved roll, 665 
Resigning, a pastoral charge, 577-580 

office of elder i r deacon, 537-539 
Respondent, 719, 720 

absence of, 716 

counsel for, 719 

death of, 721 
Responsive and ritualistic services, 833 
Restoration, to ministry, 661, 662, 663 

of one suspended, 663, 664 

to office, 149, 536. 792 

to communion, 536, 663, 779, 863 
Resurrection of the dead, of the, 1 13 
Reunion, 1758, 27-30 

1869, 31-43 
Reversal of judicial decisions, 717, 719, 
759-763, 764-767 

not on review, 689 

effect of, 718, 759, 760. 762 
Review and control, general. See 

Records. 

not exteuded to statistical items, 
688 
Revivals of religion, 294 
Rice, Matthew H., 784 



INDEX. 



905 



Eight baud of fellowship, 149-151, 533, 

577 
Eighteousness of Christ, 71, 284 
Eoberts, Win. H., v-vii, 12, 18, 20, 43, 

311, 463 
Eobertson, J. D., 707 
Eockefeller, M. A., 727 
Eodgers, JohD, 2 
Eogers, J. H., 728 
Eoll of judicatory, 266, E. 10 

when called, 655 

of absent members, 665, 801 

supplementary, 181 

reserved, 668 
Eollins, Dr. John, 774 
Eoniish, baptism, 105-107, 171, 846 

Church, 101, 102 

schools, 856 
Eules, general, pertaining to trial, 658- 

664 
Eules for judicatories, 265-269 
Euling elders. See Elders. 
Eush, Dr. Benjamin, 618 
Russell, James, 703, 781 

Sabbath, observance, 294, 606, 812-817, 

824-826 
observance of, essential, 809-811, 

816 
profanation of, 633, 808, 809, 813, 

814, 818, 819. 

discipline for profanation of, 811, 

812 
- mails, 806-808 
^•sessions of judicatories on, 243 
ordination on, 192, 570 
marriage on, 866 
traveling on, 812. 813 
decoration of soldiers' graves on, 

821 
art galleries, open on, 812 
newspapers, 816, 817 
sanctions and obligations of, 812, 

815, 816, 819, 820 

duty to keep holy, 813, 814 

recreations on, 808, 813 

World's Fair on, 818 
Sabbath-schools, 827-830 

superintendent and teachers, 827- 
829 

relation to church, 830 

relation of Session to, 827, 829, 830 

instruction, 822, 823 

relation to family, 826 
Sabbath school work. See Board of 

Publication. 
Sabbath -school Union, American, 823 
Sabbath Union, American, 817, 820, 821 
Sacraments, the, of, 103 
Sacred musie, report on, 837 
Sage, Emil, 669 
Saharanpur Presbytery, 760 
St. Clairsville, Presbytery of, 702 
St. Paul, First church of, 704 
Salary, insufficient, 567 
Salisbury, J. C, et al, 752 



Saloon, a curse, 626 

Salvation Army, not a church, 102 

Sanctification, of, 83 

after death, 51-53, 55, 56 

of the Lord's Day, 806, 831 
San Francisco Theological Seminary, 

502-508 
Saving faith, 84 
Sawyer, E. M., 733 
Scripture, the Holy, 44-67 

authority of, 49-51, 55, 56 

integrity of, 66 

inerrancy of, 45, 55-57 

errancy of, denied, 56 

authenticity, denials of, 45 

Eevised Version of, 832, 833 
Scriptures, public reading of, 832, 833 

responsive reading of, 833-835 
Scruples, 4, 665 

as to non-essentials, 3 

annual inquiry as to, 4 
Sealing ordinances, admission to, 854- 
862 

who may administer, 151, 845, 849, 
850 
Second to motions, 266, E. 14 
Sectarian institutions, in the U. S., 
State aid to, 297 

foreign, 298 
See, Isaac M., 544, 747, 758 
Sentence, on conviction, 657, 660, 862- 
864 

on confession, 660, 664 

when published, 207, 658 

how published, 862-864 
' reversed, 604, 605 

disproportionate, 604, 605 
Separation, right of, 28 
Separation, of 1745, 27 

of 1838, 31 
Separations and Eeunions, 27-43 
Sermon, required at Assembly and Sy- 
nod, 246, 331 

optional at Presbytery, 227 

subject and methods of, 844, 845 
Session, church, of the, 157-176 

defined, 157 

members of, 157 

quorum of, 159, 160 

official acts of, 160, 168, 169 

Stated Clerk of, 586 

special, illegal, 158, 743 

Moderator of, 161-163 

prayer at meeting of, 161 

powers of. See Powers. 

records of, 173, 174, 678 

statistical reports of, 174 

jurisdiction of, 164, 166, 781 

no corresponding members of, 159 

closing services of, 269, E. 44 
Severance, John F., 734, 791, 792 
Shearer, F. E., 705, 771, 772 
Sheldon, George, 99, 676 
Shepherd, John, 774 
Shepherd, Smiley, 215, 757, 781 
Shields, James H., 98 



906 



INDEX. 



Shorter Catechism, standard copy of, 

18, 24 
Sick, visitation of the, 867, 868 
Sin, of, and its punishment, 70 
Adam's, 71, 73, 283, 284 
original, 71, 72, 282, 284 
imputation of, 284 
Sins forbidden in 

1st commandment, 632 
2d commandment, 632 
3d commandment, 632 
4th commandment, 633 
5th commandment, 633 
6th commandment, 633 
7th commandment, 633 
8th commandment, 634 
9th commandment, 634 
10th commandment, 634 
Sine titulo ordination, 193, 573-575 
Singing of psalms, 835-838 
Hymnal, 836, 837 
proportion of time for, 838 
Skinner, John, 765 
Skinner, Thomas H., 686, 705, 706, 719, 

721, 784, 785 
Slander, investigation of, 637, 638 

censure for, 639, 640 
Slavery and slave-holding, 617 
Slaves, baptism of, 108 
Smith, E. Bailey, 683, 684, 723-727 
Smith, H. P., 58-65, 637, 722, 744, 758 
Smith, J. Y., 526, 527 
Smylie, James A., 653, 677, 740, 772 
Smyrna, church of, 799 
Snodgrass, James, 737 
Societies, moral, relation to Church, 628- 

630 
Solemnization of marriage, 864-867 
Soul, immortality of, 73 
Speakers, rights of, 268, R. 29-32 
Special rules, cases before Sessions, 657, 

658 
Specifications, 640-642, 741, 742. See 
Charges, 
must be entered, 652, 653 
voted on separately, 651, 741, 742 
Speeches, how many, 267, R. 18 ; 268, 

R. 34 
Spicer, Jabez, 604 
Spillman, J. H., 643 
Spiritual court, judge of its own juris- 
diction, 140 
Spring Resolutions, 685 
Standards of the Church, adoption of, 2, 
14. 
See Adoption. 

refusal to alter language of, 67 
subscription required, 4, 8, 10, 352 
obligation of, 7 
amendments of, 12 
proof-texts, 15, 21-26 
Standing orders, 262 
State of man after death, 113 
State, the, relations to the Church, 4, 
111, 154, 316 
aid to sectarian institutions, 297 



Stated Clerk, of the General Assembly, 
244, 269-273, 600, 602 
Synod, 238, 257 
Presbytery, 188 
Session, 586, 801 
Stated supplies, 146-148, 183 
rights, 147 
powers, 147 

system to be terminated, 146 
system foreign to Form of Govern- 
ment, 146 
defined, 148 
Statistical reports, 224, 225, 259, 688 
Stay of execution of decision, 717 
Stenographer, exclusion of, 652 
Stewart's collections. See Pardovan. 
Stone, Ambrose, 765, 766 
Striking from the roll, 166, 211, 212, 

213, 661, 667-669, 711, 793, 794 
Strong, George P., 733 
Strong, John D., 771, 772 
Subscription of articles, 3 

compulsory, 4 
Substitute is an amendment, 267* R. 20 
Sunday. See Sabbath. 

newspapers, 223 
Support of ministry, 566, 567 
Suspended minister, 206, 656, 657, 660, 
661, 795 
services of, 105, 661 
standing of, 661 
Suspended elder, 149, 536 
Suspended members, 166, 536, 728, 793, 
862, 863 
roll of, 665 

restored in good standing, 799 
restoration of, 863, 864 
dismission of, 799 
Suspension, effect of removal of, 536- 
539, 799, 863, 864 
from office, 657, 660, 663 
not without trial, 642 
pending charges, 660, 664 
for contumacy, 643, 657, 660 
from communion, 645, 657, 665 
pending process, 656 
from privileges of membership, 657 
church privileges, 536 
sentence of, 862 
of further proceedings, 777, 778 
removal of, 863 
Sustain in part, vote to, 724, 751, 752 

effect of, 724 
Sustentation, Fund. See Home Missions. 

Sy nodical, 583 
Syllabus, ix-xlviii 
Synod, of the, 229-259 

as a delegated body, 229 
custody of records of, 238 
members of, 229 
quorum of, 239, 240 
adjourned, 241 
stated meetings of, 246 
pro re nata meetings of, 240-242 
time and place of meeting, 241, 
242 



INDEX. 



907 



Synod, opening sermon at, 246 

prayer at sessions of, 246 

in Foreign Mission fields, 179 

powers of. See Powers. 

records of, 246, 679 

censured for insubordination, 685 

censured for harsh language, 689- 
690 

censured for Sabbath sessions, 243 

directed to review and correct pro- 
ceedings, 691 

dissolved, 299, 300 
Synod, General, 1 

Synods, as constituted, 1870-1881, 229- 
231 

prior to 1870, 229 

as reorganized in 1881, 236-238 

since 1881, 231-235 
Synods and councils, 111 
Systematic Beneficence, Committee on, 

400 
Systematic giving, 840 

Tappan, Lewis, 782 
Tardiness, reasons for, 256 
Tate, Robert, 716 
Taylor, James, 733 
Tate, Mclver, et ah, 698, 716 
Tax, no church court empowered to, 600 
Tellers, in voting, 268, R. 28 
Temperance, Permanent Committee on, 
401-403 

deliverances on, 618-630 

National, Society, 325, 630 

terms of communion, new, 631 

Committee, 276 
Temporary Clerk, 272, 273 
Term of service, delegates to Presby- 
tery, 170, 171 

elders and deacons, 541 
Terms of communion. See Communion. 
Testimonials of standing, 799 
Testimony : 

who may testify, 669 

what admissible, 635, 669, 673 

should be under oath, 673, 770, 771 

should be recorded, 173, 673 

to be engrossed, 673 

taken by a commission, 673 

how authenticated, 673 

Presbyterv may take, 660, 673, 
677, 697 

not on record, admitted, 652 

amount required, 670 

the right of any judicatory to bear, 
156 

how attested, 673, 696 

new, alleged, 674-677 

parole, 670, 743 

See Evidence, Witnesses. 
Testimonies of the Assembly, 293, 294 
Thanksgiving, days of, 869-875 

public, 153 
Thatcher, Geo. H., 716 
Theatricals, 607, 609, 612, 613, 615 
Theological instruction, 407-409 



Theological Seminaries. 

Princeton, 422-441 

Auburn, 441-449 

Western, 449-460 

Lane, 461-468 

Union, 468-476 

Danville, 476-491 

McCormick, 491-501 

Blackburn, 501 

San Francisco, 502-510 

German, Dubuque, 510-512 

German, Newark, 512-516 

Lincoln, 516-519 

Biddle, 520-521 

Omaha, 522-524 
Theological Seminaries, report on, 1870, 
410-412 

committees on relations of, 

1892, 415 

1893, 416 

1894, 417 

1895, 419 

1896, 420 

1897, 421 

Theological Seminaries, Committee, 275 
Time, of removals, and limitations of, 

797-803 
Todd, John, 675, 735, 767 
Translation of ministers, 575-577 
Translations of the Bible, 66 
Treasurer of the Assembly, 270, 271 
Trial of a cause, 635-669, 741-777 

what may be tried, 606, 631, 635 
the parties in the case, 635-640 
case of minister, elder or deacon, 

658-664 
who may preside, 161-163, 584 
who may not sit and vote, 655, 660, 

719, 739-741 
counsel in the case, 654, 655 
the charges and specifications, 640, 

641 
notice must be given, 253, 642, 714- 

716, 729-731 
evidence of notice required, 716, 

730 
rules must be observed, 658 
order of proceedings, 642, 650-654, 

741-777 
hearing the parties, 748 
time allowed parties, 745, 748, 749 
sides heard alternately, 268, R. 

29 ; 745, 749 
in absence of accused, 643, 650, 731, 

748 
postponement, 733, 735-737, 781 
the vote, 741, 750, 752 
votes on each specification, 746, 

750, 751 
a final vote must be taken, 750 
new trial, 674-676, 748, 761, 780 
same on claim of new testimony, 

674, 675 
time within which allowable, 694, 

758 
records, reading of, 745 



90S 



INDEX. 



Trial, things omitted by consent, 741, 
745 
certified copies in place of, 747 
use of printed pamphlets, 747 
by commission not ground of com- 
plaint, 707, 708 
decision may not be reversed on re- 
view, 691 
case of church member, 606 

Trials, for licensure, 554 
for ordinatiou, 569 

Trinity, the, 67, 73 

Troy, church of, 730 

Trustees, of the Assembly, 334-339 
of a church, 122-142, 172, 679 
of a benevolent institution, 341 
of the Presbyterian House, 337, 

338 
of Church Erection Fund, 372 ff. 

Tune books, 836 

Turbitt, John, 712, 736 

Un acceptability, of an elder, 538 

of a minister, 535 
Unconstitutional acts, 229, 240, 244, 
556, 683-685, 692, 725, 726, 740, 760, 
772, 778 
Unemployed ministers, 222, 223 
may not be elders, 527-529, 
Unfermented wine, 853 
Unfinished business, 266, R. 13 
Uniformity in mode of election imprac- 
ticable, 529 
Union, loyalty to the, 871 
Union of Church and State disavowed, 

154 
Union of Old and New School, 31-43 
Union Presbyteries, 180, 264, 597 
Union Theological Seminary, 468-475 
Unitarian, baptism, 104, 846 
Unitarian minister, may not be a cor- 
responding member, 228 
United congregations, 183-185 
United States Supreme Court, decision, 

141 
Unity of Church, 102 
Universalists not received, 857 

Vacancies, Boards, 264 

Special Committees, 264 
Vacant congregations, 148 

assembling for worship, 587, 588 

power of Presbytery over, 222, 578, 
581 

representation of, 185 

supply of, 222, 581 

duty of elders and deacons in, 587, 
588 
Van Dyke, Joseph S., 707 
Van Vleck, Paul, 93 
Verdict, form of, 671 
Veto, of Assembly, 413-414, 420, 421 

cases of, 464, 468, 469 
Vice-Moderator, 266, R. 7 ; 584 
Vice and immorality, 294 



Visitation, of the sick, 867, 868 
of churches, 213 

by Assembly, 292, 463. Cf. 538 
Void, acts that are, 186, 187, 205, 213, 
214, 240, 315, 667, 683, 725, 762, 
766, 775, 778 
Voidable acts of Presbvtery, 189 
Vote, casting, 262, 266", R. 8 ; 584, 585 
in judicial cases, 651, 655, 660, 638, 
719, 739, 741, 742, 750-752, 772 
in approving records, 688 
on reference, 696 
on complaint, 719 
on appeal, 739 

necessary to elect Moderator, 261 
to amend the Constitution, 
601-603 
to elect pastor, 565 
of the Moderator, 266, I 
of silent members, 267, R. 25 
taking of, 267, R. 26 
mistake in taking, 267, R. 26 
at a time named, 267, 268, R. 26 
division on, 268, R. 27 
tellers, 268, R. 27 
yeas and nays, 268, R. 26 ; 75! 
to sustain in part, 724. 751, 752 
on each charge separately, 661 
Voters, in election of pastors, 563, 564 
of elders and deacons, 530, 531 
lists of, 531, 565, 878-880 
disqualified, how, 531, 880 
no distinction as to age of, 531 
Vows, lawful. 91, 92 

Wadsworth, Charles, 776, 777 
Waiver, of rights, 744 

of right to read records, 74(5 

of right to complain, (544 

of informalities, 757 
Walnut Street church, Louisville, case 

of, 125-142, 327 
Ward, John, 674. 676 
War, Civil, the, 294, 871 

Revolutionary, 870 

of 1812, 870, 871 

French, 293, 870 

with Spain, 870 

See Pastoral Letters and Special 
Days. 
Washington, President, address to, 284 
Washington, Presbytery of, 711 
" Way of Salvation," the, 694 
Ways of carrying a cause, 677-786 
Webster, Samuel E., 796 
Week of prayer, 872-874 
Wells, Shipley, 201 
West, Nathaniel, 666, 686, 687, 704, 

705, 709, 729, 760, 768, 780, 785 
Western Theological Seminary, 449-460 
Westfield, church of, 724 
Westminster Standards, 2-14 
Wheeler, Erwin, et al., 734 
White, William P., 780 
White, W. ML, 784 
Whitman, James W., et ah, 781 



INDEX. 



909 



Will, liberty of, 285 

Willful absence from ordinances, 665, 

666 
Willful desertion, divorce for, 97, 98 
"Wilson, David M., 179 
Wilson, Henry E., 724 
Wilson, Joshua, L., et al., 722 
Wilson, Samuel B., 733 
Wine, communion, 171, 853 
Withdrawal of appeal, 732 
Withdrawal, of ministers, irregular, 211, 
212, 667 

urged, 45, 73, 668 

of church members, 212, 667 

of a church, 214, 215 

of parties, actual, 651 

of motion, 266, E. 15 

of complaint, 706-710 

effect of, 707 
Witherspoon, John, 2 
Witnesses, names to be given, 640, 642, 
651 

to be cited, 640, 642 

time for appearance, 643 

to be sworn, 672, 673 

challenge of, 669 

credibility of, 669 

competency of, 670 

examination of, 651, 672, 673 

non- church members as, 669 

heathen as, 669 

prosecutors as, 669 

husband and wife as, 670 

form of oath of, 672 



Witnesses, question and answer in 
writing, 673 

commission to examine, 673 

contumacy of, 674 

new, in rebuttal only, 651 

members of judicatory as, 673, 674, 
687 < 

See Evidence, Testimony. 
Witnesses at marriages, 866 
Woman's Board, of Home Missions, 348 

Foreign Missions, 406 

Freedmen, 406 
Women, part of in meetings for prayer, 
171 

may not fulfill the offices of public 
preachers, 544 

as deaconesses, no authority "for, 532 

Home Mission work, 348, 349 

workers, training of, 532 
Woodside, John S., 662, 690, 760 
Woods, J. L., et al, 705 
Word of God, without error, 45, 46 
Worrell, T. F., 759, 773 
Worship of God by offerings, 840-844 
Worship, public, 831 

freedom of, 835 

family and secret, 875-878 

Yale, Charles, 729 

Yeas and nays, 267, E. 26 ; 268, E. 27 ; 

751, 752 
Young People's Societies, 164-166 
Youth, instruction of, 821-829, 854-857, 

876-878 








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